Monday, March 13, 2006

Civil Law II Midterm Exam

Just wanna share our midterm exam on Civil Law Review II (all about succession) given by Judge Sonny M. Arenas
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1. Define
a) Succession
b) Codicil
c) Preterition
d) Fideicommissary substitution
e) Collation
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2. When Jose affixed his signature in his last will and testament, Pedro, one of the three witnesses, went to a nearby canteen located on the same floor of the building to buy coke and pancit because he was very hungry. During the will's probate, an oppositor objected to it because the will is null and void on the grund that the witness Pedro was not present when Jose signed it. Is the will valid or void? Why?
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3. John made a will consisiting of seven pages. During its probate, Perla, a daughter of John who was given a minimal inheritance, opposed the will because page 4 of the will was not signed by her father John and witness Lorna. Oppositor Perla now claims that the said will of her father is void. Is she correct? Why?
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4. Peter and Susan are husband and wife. They have two sons Arnel and Boy. Arnel married Patty and they have children A, B and C. It so happened that Arnel died laeving properties worth P5 million. During the period, Arnel was a bachelor, he had an illicit affair with Gemma and Anna is the fruit of their unlawful union. Also during the exixtence of the marriage between Arnel and Patty, they adopted Maria. As a judge, you distribute now the estate of Arnel to his survivors Peter and Susan (parents), Boy (brother), Patty (wife), A, B and C (children), Gemma (paramour), Anna (illegitimate child) and Maria (adopted). Why is Arnel's estate distributed the way you answered it?
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5. Mario has an illegitimate son Tony. Mario died. However, MArio ha a full-blood brither Carlo but the latter (Carlo) also passed away later. Carlo is survived by his widiw and three children of Jose, the other brother of the late Mario and the late Carlo. Now, Tony filed a complaint to get his share in the wealth of Carlo. Is Tony's complaint valid? Why?
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6. Robert, a widower, has three sons who are now all married and with their respective children. Because the children of Robert are bad guys and money spenders, Robert made a last will and testament giving all his properties valued at P50 million to his great friend Luis who will manage and take care of Robert's business properties. During the probate of the will, the three sons of Robert opposed it. Will their joint opposition prosper? Explain.
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Any answers?

2 comments:

  1. lawstude's lawyer friend4:35 PM, March 13, 2006

    2. the will is valid because Pedro is considered to have witnessed the execution as long as he has the opportunity to look upon its signing.
    3.Perla is not correct in claiming that her father's will is void.
    Clerical defect does not affect the due execution of the will.
    4.P2.5m will go to Patty, wife, being her share in the community property.
    P2.5m will be divided as:
    The 4 children will each receive P555,555.56 and the illegitimate Anna will receive 277,777.78.
    Adopted child shall have acquire the same rights as that of a legitimate child. The illegitimate child shall have a share equal to one-half share of the legitimate child.
    Following the principle of exclusion, the descendants excludes the ascendants.
    The paramour is not a compulsory heir.
    5.The joint opposition of robert's son will prosper because the children were not validly disinherited. The compulsopry heirs cannot be denied of their legitime except by reason of disinheritance. The rules in disinheritance should be strictly follwed.

    ReplyDelete
  2. lawstude's lawyer friend4:35 PM, March 13, 2006

    2. the will is valid because Pedro is considered to have witnessed the execution as long as he has the opportunity to look upon its signing.
    3.Perla is not correct in claiming that her father's will is void.
    Clerical defect does not affect the due execution of the will.
    4.P2.5m will go to Patty, wife, being her share in the community property.
    P2.5m will be divided as:
    The 4 children will each receive P555,555.56 and the illegitimate Anna will receive 277,777.78.
    Adopted child shall have acquire the same rights as that of a legitimate child. The illegitimate child shall have a share equal to one-half share of the legitimate child.
    Following the principle of exclusion, the descendants excludes the ascendants.
    The paramour is not a compulsory heir.
    5.The joint opposition of robert's son will prosper because the children were not validly disinherited. The compulsopry heirs cannot be denied of their legitime except by reason of disinheritance. The rules in disinheritance should be strictly follwed.

    ReplyDelete