2025 BAR QUESTIONS
1. A had three children, X,Y, and Z. In her will, A instituted only X and Y as
her heirs to her entire estate. She disinherited Z because Z married a
drug addict who was disrespectful. Is Z’s disinheritance valid? Reason
(s).
- No, the disinheritance of Z in A’s will is not proper. Article 919 of the
New Civil Code enumerates the grounds for disinheritance:
Article 919. The following shall be sufficient causes for the
disinheritance of children and descendants, legitimate as well as
illegitimate:
(1)When a child or descendant has been found guilty of an attempt
against the life of the testator, his or her spouse, descendants, or
ascendants;
(2)When a child or descendant has accused the testator of a crime
for which the law prescribes imprisonment for six years or more,
if the accusation has been found groundless;
(3)When a child or descendant has been convicted of adultery or
concubinage with the spouse of the testator;
(4)When a child or descendant by fraud, violence, intimidation, or
undue influence causes the testator to make a will or to change
one already made;
(5)A refusal without justifiable cause to support the parent or
ascendant who disinherits such child or descendant;
(6) Maltreatment of the testator by word or deed, by the child or
descendant;
(7) When a child or descendant leads a dishonorable or disgraceful
life;
(😎 Conviction of a crime which carries with it the penalty of civil
interdiction.
Since marrying someone who is a drug addict and disrespectful is
not a ground for disinheritance, then the will had made an
ineffective disinheritance.
2. A died intestate and without any ascendants, descendants, and
surviving spouse. A was survived by B, his cousin and C, his sister. Can
B demand from C to split A’s estate in half? Reason (s).
- No, B cannot demand from C to split A’s estate in half. In respect to
intestate succession in reference to collateral relatives, Article 1009
of the New Civil Code states that “Should there be neither brothers
nor sister nor children of brothers or sisters, the other collateral
relatives shall succeed to the estate. The latter shall succeed
without distinction of lines or preference among them by reason of
relationship by the whole blood.”
In effect, B being a mere cousin of A, is deemed excluded by C who
is A’s sister.
3. Alice and Sheila occupied a parcel of land which they inherited from
their parents. In 2003, Alice executed an affidavit of self-adjudication
over the property and was issued a certificate of title solely under her
name. In August 2024, Sheila discovered that she was excluded from
the certificate of title. Sheila filed against Alice an action to reconvey
the land based on implied trust. Sheila alleged continuous actual
possession of the property and deprivation of share as compulsory heir.
Alice countered that the prescriptive period to reconvey real property
based on an implied trust is 10 years reckoned when she repudiated
the trust in 2003 upon the issuance
of certificate of title in her name. Thus, Sheila’s action for
reconveyance filed only in 2024 had already prescribed. Is Sheila’s
cause of action to recover her share in the property from Alice already
prescribed? Explain.
- No, Shiela’s cause of action did not prescribe.
Case law dictates that an action to quiet title or reconveyance
based on implied trust is imprescriptible if the plaintiff was in
possession of the property.
Here, Shiela occupied the parcel of land which she and Alice
inherited from their parents. Later, Alice executed an affidavit of
self-adjudication over the property and was issued a certificate of
title solely under her name.
Thus, Shiela’s cause of action did not prescribe, because she was in
possession of the parcel of land.
4. Primo, a French national and permanent resident of Canada, executed
in the Philippines a holographic will which he entirely wrote, dated and
signed. Primo enumerated in the will various real and personal
properties situated in the PH, Canada, France. Primo bequeathed the
properties in the Philippines to his parents, the properties in France to
his siblings, and the properties in Canada to his wife and children. In
2024, Primo suffered a heart attack and died in Australia while
attending a conference. Primo was survived by his wife, two children,
parents and three siblings. What laws shall govern the formalities of
Primo’s holographic will, the distribution of his estate, and the
qualifications of his heirs? Explain.
5. Caloy died with a net estate of PHP 240 million, survived by his:
Father – Cesar;
Spouse – Grace;
Legitimate children – Teddy and Bobbie;
Illegitimate child – Rebreb;
SISTERS – Alex and Gabbie.
In his wil, Caloy instituted Rebreb as the sole heir. How much can
Rebreb receive from Caloy’s estate? Explain.
6. Lennon made a last will and testament which contained two simple
dispositions, to wit: “First, I am leaving one-half of my estate in favor of
the poor…. Second, I am leaving the other half of my estate in favor of
my soul….” Lennon named Atty. Manresa as executor and instructed
him to carry out the provisions of his will. In 2024, Lennon died single
and childless. Thereafter, Lennon’s will was presented for probate. The
siblings of Lennon opposed the probate of the will and claimed his
entire estate through intestate succession. The siblings of Lennon
argued that his testamentary dispositions are void because the first is
in favor of an unknown person while the second is for a beneficiary
without civil personality. Are the dispositions in Lennon’s will void?
Explain.
7. Sharon owned a parcel of land adjoining the sea with flat terrain at the
center and elevated rocky northern part. Sharon executed a written
instrument where she donated the portion with flat terrain to Nicholas
who accepted it in the same instrument. After survey, Nicholas
discovered that the land described in the deed of donation refers to the
rocky northern portion. However, Sharon already died without
correcting the mistake. Nicholas asked the heirs of Sharon to execute
an amended deed of donation over the flat terrain but was refused.
Nicholas filed against the heirs of Sharon an action for reformation of
instrument to reflect the real intention of the parties. May the trial
court compel the heirs of Sharon to reform the instrument and execute
an amended deed of donation? Explain.