Rentoza, Michael Leandro F.

2002, 1995
155011

1995

Topic: Succession; Heirs; Intestate Heirs; Reserva Troncal

QUESTION:
Isidro and Irma, Filipinos, both 18 years of age, were passengers of Flight No. 317
of Oriental Airlines. The plane they boarded was of Philippine registry. While en
route from Manila to Greece some passengers hijacked the plane, held the chief
pilot hostage at the cockpit and ordered him to fly instead to Libya. During the
hijacking Isidro suffered a heart attack and was on the verge of death. Since Irma
was already eight months pregnant by Isidro, she pleaded to the hijackers to allow
the assistant pilot to solemnize her marriage with Isidro. Soon after the marriage,
Isidro expired. As the plane landed in Libya Irma gave birth. However, the baby
died a few minutes after complete delivery. Back in the Philippines Irma
immediately filed a claim for inheritance. The parents of Isidro opposed her claim
contending that the marriage between her and Isidro was void ab initio on the
following grounds: (a) they had not given their consent to the marriage of their son;
(b) there was no marriage license; (c) the solemnizing officer had no authority to
perform the marriage; and, (d) the solemnizing officer did not file an affidavit of
marriage with the proper civil registrar.

Does Irma have any successional rights at all? Discuss fully.

SUGGESTED ANSWER:

No, Irma has not successional rights with respect to Isidro; but she may succeed
with respect to the child. Pursuant to our laws on marriage, Articles 7 and 31 of the
Family Code expressly provides that only the airplane chief may solemnize a
marriage in articulo mortis. In the instant case, the assistant pilot acted under no
authority in solemnizing the marriage between Isidro and Irma, hence, the marriage
was void ab initio.

Nonetheless, Irma has successional rights with respect to the child because when
the child died, Irma inherited the share of the child. However, the share of the child
in the hands of Irma is subject to reserva troncal for the line of Isidro.
2002

Topic: Succession; testate succession; institution of heirs; substitution of heirs

QUESTION:

By virtue of a Codicil appended to his will, Theodore devised to Divino a tract of sugar
land, with the obligation on the part of Divino or his heirs to deliver to Betina a specified
volume of sugar per harvest during Betina’s lifetime. It is also stated in the Codicil that in
the event the obligation is not fulfilled, Betina should immediately seize the property from
Divino or the latter’s heirs and turn it over to Theodore’s compulsory heirs. Divino failed
to fulfill the obligation under the Codicil. Betina brings suit against Divino for the reversion
of the tract of land.
A. Distinguish between modal institution and substitution of heirs.
B. Distinguish between simple and fidecomissary substitution of heirs.
C. Does Betina have a cause of action against Divino? Explain.
SUGGESTED ANSWER
A. The distinction between a modal institution is that it is an institution of an heir made
for a certain purpose or cause pursuant to Articles 871 and 882 of the New Civil Code.
On the other hand, substitution is the appointment of another heir so that he may enter
into the inheritance in default of the heir originality instituted pursuant to Article 857
of the New Civil Code.
B. The distinction between simple substitution and fideicomissary is that in a simple
substitution of heirs, the testator designates one or more persons to substitute the heirs
instituted in case such heir or heirs should die before him, or should not wish or should
be incapacitated to accept the inheritance. On the other hand, in a fideicomissary
substitution, the testator institute a first heir and charges him to preserve and transmit
the whole or part of the inheritance to a second heir. In a simple substitution, only one
heir inherits.
C. Bettina has a cause of action against Divino by virtue of the nonfulfillment of the
obligation as expressly stated in the codicil. Therefore, Betina has the right to compel
the return of the property to the heir of Theodore.