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7/23/2019 Succession Prelim Exam
1/9
Test
I
(10%)
--
DefinelExplain:
(Use
your
examination
booklet)
SUCCESSION
Preliminary
Examination
1.
Succession
2.
Will
3. Mixed
succession
4.
Probate
5.
Codicil
Name:
6.
Institution
of
heir
7. Principle
of Equality
8.
Principle
of Individuality
9. Principle
of Simultaneity
10.
Preterition
Test
II
-
Multiple
Choices
(20%) (Encircle
the
chosen
answer
in this questionnaire;
No
cancellation
and
erasure
is allowed)
1. A, B
and
C are the
heirs
of
l'who
died
leaving
an
estate
of nine
(9)
hectares.
Before
partition,
can
A
sell
his
share without
the
consent
of B
and
C?
A.
No,
his share
has
not
yet
been
determined.
A
No,
there
being no project
of
partition
yet.
(c) Yes,
the hereditary
share
was transmitted
from
the
monrent
of
death.
D.
No,
there
being
no
probate yet
of the
will.
2. The
attestation
does
not
state
the number
of
pages
of
the will.
Is the
will
valid?
A
\o,
because
of
the
lack
of the
required
attestation
on the
number
of
pages
of
the
*'ill.
(_B.
No,
the attestation
clause
is
not
an act
of the
testator;
its
number
must
be
A
indicated.
/Yes,
as the
number
of
pages
can
be determined
from
the will;
there was
substantial compliance.
3.
T,
an illiterate
executed
a will.
It
was read
to him
twice,
once
by the
attesting
witness
and
by
the notary
public
who
notarized
it.
The
fact
that it
was
read
to
him
was
not stated
in
the
attestation
clause.
At
the probate,
the
validity
of the rvill
rvas
assailed
on the
aileged
defect
in
the
attestation
clause.
Decide.
The
will
is not
valid
due
to defect
in the
attestation
clause.
The
will
is
valid
as
there
rvas
substantial
compliance
on
the attestation
clause.
C.
The
will
is
valid
and
the
attestation
clause
is
valid.
@
ntt".ucy
need
not
be
stated in
the
attestation
clause.
4.
which
one
is not
among the
grounds
ior
the
revocation
of
a
last
rvill
and
testament?
;\.
buming,
tearing,
cancelling,
obliterating
the
rvill
with
intention
to
revoke
it;
/B)
crumpling;
Y. implication
of
law;
D.
some
will,
codicil,
or
other
writing
executed
as
in
case
of wills.
A.
B.
C.
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5. A convicted
criminal
with
penalty
of civil
interdiction
executed
his last.rvill
and
testament.
Can he
do that?
A.
Yes,
it
is
his statutory
right
A
No,
it is an accessory penalty.
(
C/Yes. it
only
prohibits
disposition
of
property
inter vivos,
not
mortis
causa.
lD. No,
it
is inconsistent
with public policy.
6.
A holographic
will is lost,
can it
still
be
probated?
Yes,
because
secondary
evidence
may
be
presented.
No,
because
the best
and oniy
evidence
of
the handwriting
is
the will
itself.
No,
the probate
court
has no
jurisdiction.
No,
because
the testator
is
still
living.
7. While
a minor,
A
executed
a last will
and
testament.
He died at the
age
of
25.
His
will
was
submitted
to
probate.
As a
judge
will
you
approve it?
A.
Yes, the
will is valid.
B.
Yes,
because at
the
time of death
the
testator
is capacitated.
C. No
because
the will is
not in
accordance
with
law.
9.Xo,because
the
will
is
void.
t-
-d
:;azea
lf T:.ra"
and
a dcmrciliar-r'
of
the
Philippines
for a
period
of 30
1-ean
X
exanrted
hrs last
r*ill
and
testtmeDt
teaving
his
estate
to
Y
and
illegitimate
child
in
Texas,
uSA.
He
also
gave
a small
legacy
to
z, aninegitimate
child in
the
Philippines.
Texas
law
provides
that
its citizens
may
dispose
of his estate
by
will
in
any
manner
he
pleases.
Texas
law
also
provides
that the
citizens' domicile
shall
determine
his
succession.
Y
contends
to
follow
the
Texas
law
while
Z maintains
to
follow
the
Philippine
law.
Decide.
A. The
court
should refer
the
matter
to Texas
law.
B.
Z
should
not
be
given
a
legitimes.
Y
is correct;
the
will
of
the
deceased
should
be
given
effect.
The
court
shall
apply
Philippine
law
as directed
by
the conflicts
rule of
Texas.
9. A
five
page
will
was
executed
by T. Du.itrg
the probate,
..A,,,
one
of his chiidren
opposed
its probate
because
one
of
the pages
of
the
wiil
has
not
been
signed
by
T and
one
of
the
witnesses.
Decide.
A. The
testator
and
the
instrumental
wihress
must
sign.
B.
The
defect
is fatal
if
there
is failure to
have the
original
signatures.
p1
The
will
should
not
be admitted.
If there
was
mere
inad.zertence
of
one
of the
true
witnesses
or
even
the
testator,
the
will
must
be
admitted.
10..
Spouses
H and
W executed
two
(2)
separate
wills
containing
the
same
proyisions.
After
their
death,
their
compulsory
heirs
filed
a
petition
for
joiniprobate
of
their
wills.
One
of
the
voluntary
heirs
objected
because
joint
probate
is
invalid.
Rule
on the
objection.
7/23/2019 Succession Prelim Exam
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A. Yes,
joint
wills
are
not allowed
in
the civil
code.
-3-
B^.No,
because
H and W
pre
spouses.
(QNo,
because practical
consideration
dictates
the
joint
probate
of
wills.
\-/
11.
Who
is
incapacitated
to
make
a
wil[?
A.
Blind
ADeaf
or dumb
( ,)vtinor
D.
not
able to
read
and write
12.
T
executed
his last
will
and
testament
the attestation
clause
of which
was
not
signed
by
T. During
the probate,
it was
opposed
on
the
said
ground.
Is the
opposition
valid?
A.
Yes,
because
it is
a fatal
defect.
A
Yes.
the
will
is not valid
(Q)No,
attestation
clause
is
not an
act
of the testator.
)D. No,
attestation
clause
is
not
part
of
a will.
13. Which
one
is not
considered
sufficient
fact
to test
the
soundness
of the
mind
of the
testator?
A. He
must
know
the
nature
of his
estate.
A
H.
must
knou'the
object
of
his
bount_v.
rS
H. musr
be rn
futl
possession
of his
reasoning
faculties.
D. He
must
know
the
character
of
his
testamentary
act.
14.
An
heir
acquires
the
right
to the
hereditary
properties
under
a
negative
potestative
condition
upon:
A.
the
fulfilment
of
the negative
potestative
condition
,8.
acceptance
of
the
heir
of the
inheritance
(Cr,fosting of
a bond
or
security,
known
as
3aucion
muciana
D. the
moment
of
death
of
the
testator
15'
A holographic
rvill
was
executed
by
X without
date
except
one
found
on
the
frst
page.
Is
the
will
valid?
,.1..
I..,
because
the intention
of the
testator
must
be
respected.
(BrXes,
because
the
law
does
not
specify
the place
where
the
date
should
be
placed.
C,
No,
because
it
did
not
follow
the
requirements
of the
law.
D. No
because
the
date
should
be
after
the
signature
of
the
testator.
16.
Can
a
blind
testator
make
a
valid
will?
A.
Yes,
when
he knows
how
to
write
in
Braille
language.
Iq
Braille
language
is
not
recognized
under
rmtipfine
tarv.
A I-.r,
since
he
does
not
need
to
write
a holographic
will.
Q}
Y:o
as
long
as
the
language
or
dialect
useJ
in
writing
the
will
can
be read
to
hrm
twrce
as
provided
in
Art.
g0g.
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17.
Which
one
is
a
right
not extinguish
by death.
Marital
and parental
authoritv
Right to
claim
acknowledgment or recognition
as a
natural
child
C, Right
to
continue
lease
contract
D. Action
for
life
annuity'
l8oEffect
of the non-signing
by
witnesses
at the
bottom
of
the will.
L{rrftre
wiil
is valid
for what
matters
is the
signature
of the
testator
in
the
will.
B.
The
will is
valid
since
the left
hand
rnargin
is
signed.
C. The
will is valid
sirrce
the
law does
not
require
the
signing
by
the
attesting
witnesses
at the
end
or at the
bottom
of the
attestation
clause.
D.
The will
is
void.
19.
Effect
to the notarial
will
where
it
fails to
state
that the
testator
signed the
u,ill in
the presence
of
the
witnesses.
(
ArTfre
will
is
void.
B.
The
will
is valid
under
Article
809
on substantial
compliance.
C. The
will
is voidable
D.
The
defect
is curable
20.T,
a blind,
executed
his
last
will
and
testament.
Y,
a
subscribing
witness
read
the
will
after
which
Z,
another
subscribing
witness
read
the
will
for
the
second
time
before
the
Notary
Public.
Is
the
will
valid?
A.
The
will
is valid.
@fne
will
is void.
c.
The
will
is valid
as
there
was
substantial
compliance
under
Art.
g09
D.
The
will
is voidable
21.
Who
among
the
following
are
qualified
to
be a
wiuress?
A.
X
who
has been
convicted
by
final
judgment
of
estafa
through
falsification
of
,
-.
private
document.
\}I,
who
has
been
convicted
by final
judgment
of
estafa
through
deceit.
C'
Z,who
has
been
convicted
by
final
judgment
of
estafa
tkough
falsification
of
public
document.
D.
W,
rvho
has
been
convicted
by
final
judgment
of
perjury
E.
All
are
not
qualified
22.
T
made
a
notarial
will
with
A, B,
c, and
D
as
wihresses.
In
the
will,
A,s
child
was
given
a legacy.
Is the
will
valid?
Is
the
legacy
valid?
A.
The
will
is
valid
but
the
legacy
is
void.
,B.
The
will
is
void
and
the
legacy
is
void.
(C;
ru"will
is
valid
and
the
lelacy
is
valid
D.
The
will
is
valid
but
the
legacy
is
voidable.
7/23/2019 Succession Prelim Exam
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23.
Which
one is
not
generally
the
function
of
the
probate
court?
$t
Identification of
the last
will
and
testament
executed
by the testator.
@)
Int
irrsic valid
of the testamentary
provisions.
C.
Due
execution
of
the
tvill.
D.
Capacity
of the testator
at the
time
of
the execution
of
the will.
24.
A spouse
was omitted
in
a
will.
Is
there preterition?
will
intestacy
follow?
A.
There
is no
preterition;
rntestacy
will not
follow.
B.
There
is
preterition
and
intestacy
will
follow.
C.
There is preterition
but intestacy'ivill
not
follow.
@
fn"re
is
no
preterition
but the
spouse
shall
get
her/his
share.
25.
D was given
a
devise
in
the
form
of a house
and
lot.
In
the will,
the testator
prohibited
D
to alienate
the legitirnes
and the
devise
for
fifty
years.
For
how
long
should
the legitimes
and devise
not alienated?
50
years
30
years
25
y'ears
20
years
26.
A executed
his
last
will
and
testament
instituting
his parents
X and
y.
At
the
probate
of the
will,
B,
an
illegitimate
son
of
A
opposed
on
the
ground
of
preterition.
Will
the
contention
of B
prosper?
A
No
because
he is
illegitimate.
@
Yes,
because
he
belongs
to
the
direct
line.
C.
He
will
inherit
together
with
the
parents.
D.
Only
X
and
Y
will
inherit.
27.T,
the
testator
threw
his
will
on a
stove
but
it
was
not
bumecl
because
one
of
the
heirs
tried
to
recover
it from
the
stove.
Was
the
will
revoke>
A.
Yes,
there
was
already
an
overt
act
of
revocation
when
it was
thrown
into
the
stove.
@
*o,
there
was
no
revocation
as
it
was
taken
by
one
of
the
heirs,
w-ho
will
not
entitle
to
inherit
due
to
unworthiness.
C.
Yes,
there
was
revocation
when
the
intent
turned
into
over
act
of
throwing
into
the
stove.
Yes
there
rvas
animo
revocandi.
A.
B.
C
D.
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28.
The testator
requested
another person
to
sign his
(testator)
name
in
the will,
to
which
the latter
obliged. Thereafter,
the
testator personally
put
a
cross
after his
name.
The attestation
clause
did
not state
that
another
person
was instructed
to sign
the
testator's
name
on the will.
Is the
will valid?
(
$,
Yes,
all
the
requirements
have
been
complied
with;
the signing
by
another
person
of the
name
of
the testator
is not
material.
B.
Yes,
there was
substantial
compliance.
C.
No,
the
failure
to
state the
signing
of the testator,s
name
is fatal.
D.
Yes,
between
testacy
and
intestacy
the
former
shail
prevail.
29.
The
testator
requested
another person
to
sign
his
(testator)
name
in the
will,
to
which
the
latter
obliged.
Thereafter,
the
testator
personally
put
a
cross after
his name.
The attestation
clause
did not
state
that
another person was
instructed to
sign the
testator's
nIme
on the will.
Is
the will
valid?
/ii\
(E.J
Yes, all the
requirements
have
been
complied
with;
the
signing
by another
-
person
of
the
name
of the testator
is
not
rnaterial.
F.
Yes,
there
was
substantial
compliance.
G.
No, the
failure
to
state the
sigrring
of the
testator's
narne
is fatal.
H.
Yes.
benr-een
testacy
and
intestac;r
the
former
shall prevail.
30 .A
will
was
executed
in
English,
a language
unknown
to the
illiterate
testatrix,
but
translated
to the
dialect (Tagalog)
known
to her
for
her
understanding
was presented
for probate.
Will
you
allow
it?
A. Yes,
there
was
substantial
compliance.
B.
Yes,
the
law
favours
testacy
than
intestacy.
C9
No.
the
will
must
be
executed
in
the
language
known
to
the testator.
D.
Yes,
anyway
there
was translation
in
Tagalog.
31.
NK
executed
a holographic
witl
instituting
as
heir
her
sister
RK.
She
later
changed
her
mind.
She
crossed
out the
name
of
RK
and
substituted
the
name
of
her
brother
GK
as
her heir.
She
did
not however
authenticate
the
change
with
her
full
signature.
Is the
will valid?
Yes,
the
crossing
of the
name
and
substituting
another
name
is
sr:fficient.
Yes,
the testator
has
the
right
to
change
his
designated
heir.
No,
the
entire
will
is voided
or revoked
as there
was
nothing
to
remain
the
will
for
her
failure
to
authenticate
it.
Yes,
the
making
of the
will
is
ambulatory.
A.
B.
o
D.
32.
May
an
unborn
child
be
instituted
as
an
heir?
Yes provided
it
be
born
later
under
the
condition
prescribed
in Article
41.
No,
the
foetus
is
not yet
a person.
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34.
33.
"As
a token
of
gratitude,
I
hereby
institute
X my
political
leader,
for having
rnade
me wf4.1he
election
through
his techniques
of
terrorism.
Is the institution
valid?
(4J
No,
because the
cause
of the institution
is
conrrary to law.
B.
Yes,
the same shall
be deemed
not
written.'
y
a
daughter-in-law
be
preterited?
No,
she
is not
a
compulsory
heir
in the direct
line.
Yes,
her husband
was a compulsory
heir
35. The
doctrine
of liberal interpretation
or
substantial
compliance
applies
in the form
or language
ofi
will
Attestation
Clause
Both
will
and attestation clause
36.
Disposition
captatoria
where
an
heir
shall make
sorne
provision
in his
will
in
favour
of the
testator
is:
A.
valid
.B.
voidable
iC..
void
b. unenforceable
E. rescissible
37.
.x, a
Filipino,
executed
his last will
and
testament
in
Sarajevo
where, let
us
assume,
that
two wifiresses
would
suffice
in
the
execution
of
the will.
May
the will
be
probated
in the
Philippines?
A'
Yes
under
lex
loci
celebrationis
the
will
is valid
and may
be
probated
in
the
Philippines.
B.
No,
our laws
on
succession
shall govem.
C.
The
will
is
void
for
not having
three
witnesses
38.
The
test to
determine
whether
a
witness
signed
in the presence
of the
testator
and
the
other witnesses:
A.
The test
of
sight
A
The
test
of
position
(C;fne
test
of available
senses
15.
ttre
test
of
knowledge
39.
The
attestation
clause
of
X's
will
do not
contain
his
signature.
At
its
probate,
it
is
being
opposed
on
that
basis.
Is the
opposition
correct?
A.
Yes,
because
it
is
fatal
defect.
.B.
Yes,
the
will
is
not valid.
Q.)No,
attestation
clause
is
not
an
act
of
the
testator.
D.
D.
No,
attestation
clause
is
not
a
part
of
a will.
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8/9
-8-
Test
iII (70%)
Essay
(Use
your
examination
booklet)
rs%
a)
What
are
the
characteristics
of
a
will?
a)
b)
b)
Discuss
the
parole
evidence
rule
with
respect
to
the
interpretation
of wit{sz
tr
t0%
What
requisites
must
concur
in
order
that
a
person
can
make
a
will?
What
is
meant
by
sound
mind?
If
the
testator
be
deaf,
or
a
deaf-mute,
or
if
he
is
blind.
what
are
the
additional
formalities
imposed
by
law
in
the
execution
of
an
ordinary
will?
It
r0%
what
are
the
formarities
which
are
required
in
the
execution
of
wills?
ws%
During
the proceedings
for
the
probate
of
the
will
of
A,
it
was
proved
that
while
the
testator,
A,
and
two
instrum.rtul
*itn.rses,
B
and
c,
were
signing
the
will
and
aI
f
the
pages
thereof
in
the
living
room
of
A,s
ri**,irr"'rtJi"*i,rr"rr,
D,
was
resting
in
an
adjoining
room
* .h
wal
separated
from
the
riving
room
by
a
curtain.
It
is
now
contended
by
the
oppositors
of
th"
wil
that
,in""
a]
n
""a
D,
did
not
sign
the
will
and
all
of
the
pug".
th"."of
in
the
presence
of
D,
the
will
cannot
be
admitted
to
robate'
If
you
are
the
judge, how
wili
you decide
the
case?
Reasons.
v5%
A
died
with
a
wilr
in
2004.
After
his
death,^the
will
was
presented
forpiobate
in
he
RTC
of
Manila,
but
itwas
oppor"don
the
following
g;;;;r,
(a)
that
the
marginal
signatuiis
of
the
testator
ana
t[Jtr,r"e
instrumental
witnesses
refound
on
the
right
and
not
on
the
left
*r;i;;
..rs
qrv
Lruwv
(b)
that
the
pages
of
the
will
are
not
numbered
correlatively
in
letters
placed
on
the
;::,t
,i:.:;l;?:ffir,:.but
in
Arabic
numerars.
rf you
u."
tr,".;,ag",
h;;;i;;;
YI
IO%
a)
Through
negrigence,
one
of
the
three
witnesses
to
a
will
forgot
to
sign
on
the
hird
page
of
the
orieinal
of
a
five
pug.
*itt,
uut
*u.
ulr"
;;;i;
",
a,
the
pages
of
the
|:ij|::f
AII
otheirequirements
*"".".o,rplied
withy.
c;;ii"
wlr
be
admitted
to
7/23/2019 Succession Prelim Exam
9/9
b) A died
leaving
an
ordinary
will.
Atthough
the
attestation
clause
of
the
will
states
the
fact
that
A
had
signed
the
wiil
and
every page
thereof,
it
does
not
state
the
fact
that
he
had
signed
"in
thg presence
of
the
instrumental
witnesses".
Is
the defect
,5'
fatal
to the
validity
of
the
will?
Explain.
wr
5%
After
the
death
of
A,
B
submitted
a
holographic
will
allege,:lly
executed
by
the
deceased
for
probate.
He
testified
that
he recognized
all the
signatures
appearing
in
the
will
to
be the handwri.ting
of the testator.
The
court,
however,
deniei
ine prJUate
of the
will
on the ground
that
uOnder
Article
811
of
the
Civil
Code,
the
proponent
rnust present
three
witnesses
who
could
declare
that
the
will
and
signature
are
in
the
handwriting
of the testator,
the probate
being
contested.
Is
the decision
correct?
VIII5%
A
executed
a holographic
will.
He authenticated
or signed
the
will
with
his
initials.
In
addition,
there
is
an inserted
testamentary
disposition
found
on
page
two
of
the
will,
also authenticated
with
his initials.
Are
such
authenticationr
ruiiOl
tx
5%
A
and
B,
a
married
couple
of
French
citizenship
but
residents
in
the
philippines,
went
to
Argentina
and
there
executed
a
joint
will
mutually
instituting
each
otlh".
ur'
sole
heir,
which
will
is.valid
according
to
the
law
of the
riut".
s.rur.qrently,
they
retumed
to
the
Philippines
A
died.
May
the
joint
and
mutual
will
executed
in
Argentina
be
probated
in
the
philippines?
Reasons.
xs%
A
presented
a will
purporting
to
be the
last
will
and
testament
of his
deceased
wife
for
probate.
The
will-was
admitted
to probate
without
any
opposition.
Sixteen
(16)
months
later,
the
brothers
and
sisters
of
the
deceased
disctvered
that
the
will
was
a
forgery.
can
A
now
be prosecuted
for
the
criminal
offense
of forgery?
Reasons.
xr
5%
A executed
a holographic
will
prior
to
her
death.
The
will
contains
only
one
testamentary
disposition whereby
she
instituted
her sister
B
as
universal
heir.
When
the
will
was presented
for probate,
A's parents,
F
and
M,
who
were
her
only
surviving
compulsory
heirs,
opposed
the probate
on the
ground
of
preterition.
B,
however,
contended
that
the question
of preterition
is
outside
of
the
jurisdiction
of
the probate
court'
The
court
held
that
the
w'ill
is
a complete
nullity
resulting
in
totai
iltestacy.
Is
this
decision
correct?
