I. True if absolutely true and False if otherwise.

1. A guardian may succeed if he is not the compulsory heir. F

A person who is convicted of adultery/concubinage is incapable of succeeding by reason of unworthiness. F

2. The revocation of the second will, which revokes the first will, revives the disposition of the first will. F, if it's
an express revocation, but if implied then it's true.
In order to be incapacitated on the ground of adultery/concubinage, the heir must have been convicted. F,
what's only required is preponderance of evidence

3. The widow of the legitimate child of the decedent is a compulsory heir of the decedent. F
An agreement for the partition of the estate of a living person made between those who, in case of death,
would be in a position to inherit from him is void. T

4. The concept of legitime is consistent with the legal philosophy of the civil code which is the socialization of
ownership. F, it is the concept of family relations bec. its aim is to keep the property within the family
One who validly renounced inheritance is deemed to have never possessed the same. F, bec there are
instances when there are renunciations but is still deemed to have accepted the property in relation to
Prescription (tact the period in good faith) (ex: renounce/repudiation for consideration)

5. After an absence of 7 years, it being unknown whether or not the absentee still lives, he shall be presumed
dead for the purposes of succession. F, either 10,5, or 4
If the heir should die without having accepted/repudiated his inheritance, his heirs will accept them. F, his
heirs will inherit his right to accept or repudiate

6. The person who's called to the same inheritance as an heir by will, and later repudiates his capacity as an
intestate heir without knowledge of him being a testamentary heir, he may still accept in his capacity as the
latter. T
Acceptance/repudiation of an inheritance, once made to once made, is irrevocable, and cannot be
impugned F, except when it was made through any of the causes that vitiate consent, or when an unknown
will appears

7. Legal succession takes place upon the happening of the event which is certain to happen. it will depend if
the condition is suspensive or resolutory. If suspensive, then T and if resolutory, F
The testator may validly entrust to a 3rd person the distribution of specific property. T

8. A will may be validly revoked by the testator after the probate of such will. T
The validity of one of several dispositions contained in a will does not result in the invalidity of all the
dispositions. F

9. The will of an alien produces effect in the Philippines if made with the formalities prescribed by the law of
the place in which he resides. F only true if executed abroad
When there is an imperfect description, or when no person or property exactly answers the description,
mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic
evidence, excluding the oral declarations of the testator as to his intention. T

10. A will executed abroad may be probated here in the Philippines even if there's no showing that it has
already been probated in the country where it was executed. T
Wills executed by persons who are guardianship are void. F, cause of guardianship may be bec of civil
interdiction, prodigality or acted during lucid interval.

11. A petition for the probate of a holographic will that was filed in 1965 may not prosper. F, if the will was
executed after the effectivity of the New Civil Code / 30 Aug. 1950, the will may be probated
The oppositor has the burden of proof of proving that the testator was of unsound mind at the time of the
making his distributions F, if there's a presumption that the testator was of unsound mind because he was
publicly known to be insane one month or less before making his will, the burden shifts to the petitioner or
person who maintains he testator’s sanity.
12. A person who is of unsound mind is insane. F, a person who's of unsound mind is not necessarily insane
when he has knowledge of the nature of his estate, the proper objects of his bounty, and the character of
the testamentary act.
A will may be probated even if it is not stated in the said will that its executed in a language or dialect
known by a testator. T, because the law does not require that such be stipulated in the will, rather only
proven.

13. A will which is partly written and partly printed may be a valid will. T, in cases of notarial will
If X executed his will in the place where he resided in a long period of time the presumption arises that the
will is in a language known by the testator. F, the presumption only arises when the language used in the will
is the language used in the place where the testator resided for a long period of time

14. A will may be valid even if not all the pages are signed by the testator. T, if the first page contained all the
testamentary dispositions while the other pages merely contained the attestation clause
A will is may be even if not all the pages are numbered. T, if the first page contained all the testamentary
dispositions while the other pages merely contained the attestation clause and/acknowledgement

15. A will is valid even if not all the facts required by law to be stated on the attestation are stated in the will.
F, it's validity depends on what was not stated in the attestation clause
An ordinary will must be acknowledged before a notary public, the testator and the witnesses in the
presence of each other. F, because the law doesn't require that it should be in the resend of each other.

II. Multiple Choice

16. The will of an alien executed in the Philippines produces effect in the Philippines if executed in accordance
to the following, except; a) Law of his nationality; b) lex loci celibrationis ; c) law of the Philippines; d)
Domiciliary Law

17. The following must be stated in the attestation clause, except; a) the testator signed every page thereof in
the presence of the instrumental witnesses; b) the witnesses signed every page of the will in the presence of
the testator and of each other, c) the pages are numbered; d) all of the above

18. The following results in revocation by implication of law, except; e) it is sufficient to have been provided
for in the will <there has to be a judicial declaration>

19. The ff are legal heirs of X who died yesterday, except; e) none of the above <must be beyond the 5th
degree>

20. The ff are incapable of succeeding, except; a) relatives within the 4th degree of the priest who hear the
confession of the testator during his last illness; b) ascendant, descendant, brother, sister or spouse of the
guardian with respect to the testamentary dispositions given by a ward in favor of the latter before the final
accounts of the guardianship have been approved even if the testator should die after the approval thereof;
c) the spouse, parents, or children of any of the testamentary witnesses to the execution of the will; d) none of
the above.

21. The ff are incapable of succeeding by reason of unworthiness, except; a) any person who's been convicted
of murder; b) any person who's accused the testator of a crime for which the law imposes imprisonment for
more than 6 years; c) any person convicted of adultery or concubinage; d) all of the above; e) none of the
above

22. … the capacity of the children are; e) French <capacity to succeed shall be determined by the national law
of decedent>

23. X, a French national but a permanent resident of Canada, suffered a heart attack in Japan while attending a
conference. He was survived by his wife, parents and his 2 children. He left properties in the Philippines and in
Germany. He left a will which was executed in Tacloban City. The will of X may be probated if it's in accordance
with; a) Philippine Law; b) law of Japan; c) Law of Canada; d) All of the above d) none of the above.

24. X died on January 15, 2005. A, legitimate child of X, died on Dec. 31 2004. B an illegitimate child of X died
on March 1, 2005. Y gave birth to C on January 30, 2006. Z, who was then 2 months pregnant with the son of X,
gave birth to the D 4 months after the death of X, but D died 21 hours after his delivery. Who may inherit? a)
A; b) B; c) C; d) D

25. In the will of X, a parcel of land was given to A, B, C and D. A was the priest who heard the confession of
the testator 5 years before his death. B was the guardian of X. C was one of the attesting witnesses to the
execution of the will of X. D was convicted of adultery. Who may inherit from X as a voluntary heir? a) A; b) B;
c) C; d) D; e) all of the above

26. A was a priest who heard the confession of the testator during his last illness. In the will of X, a parcel of
land was given to B. B may inherit if he is the e) child of the first cousin of A

27. A was one of the 3 witnesses to the execution of the will of X. In the will, X gave a car by legacy to A. Which
of the following is correct? a) the legacy is void

28. X died in the States survived by his legitimate children, A and B. Left an estate in the amount of P10M. B
committed an act of unworthiness against X. C is the child of B. How much may C inherit from X? _) P 2.5M

29. X died on January 8 1988. An action for the declaration of incapacity and for the recovery of inheritance
was filed by A against B on January 30, 1995. May the action prosper? B) Yes, the action may prosper bec the
reckoning point of the action is when the heir took possession of the property

30. X was survived by A, a legitimate child, B, a legitimate child of A, E, illegitimate child of B, and F, illegitimate
child of C. B and C predeceased X. C and D were also legitimate children of X. Who will not inherit ab intestato
from X under the iron curtain rule? _) F will not inherit

III. TRUE or FALSE. Explain all your answers

1. A holographic will is contested and only 1 witness testified in relation to the handwriting and signature of
the testator. The will cannot be probated. False, the rule regarding the 3 witnesses is not mandatory and the
law itself allows that even 1 person may testify as to the the genuineness of the testator’s handwriting and
signature if he's considered an expert witness.

2. If the first will was expressly revoked by a second will, but the heirs in the latter will predeceased or
renounced, the disposition in the first will may be given effect. True, under the doctrine of dependent
relative, the efficacy of the revocation is made to depend on the validity of the subsequent will.

3. If the will of X cannot be found despite the diligent effort to locate said will, a conclusive presumption arises
that the will was revoked by the testator. False, because this is not a conclusive presumption, rather merely a
disputable presumption, and according to jurisprudence the will must have also been last seen in the
possession of the testator in order for such a presumption to arise.

4. If the notary public, before whom the will was acknowledged, failed to sign the acknowledgment, the will
cannot be probated. False, the law only requires that the will be acknowledged before a notary public by the
testator and the the witnesses, and does not require that the notary public to sign the acknowledgment, in
order that the will may be probated.
IV. Essay

1. X and Y were among those who died when a passenger boat capsized in 1987. X was 71 and Y, the grandchild
of X, was only 25 y.o. Only W and Z survived X and Y. W is the wife of Y and Z is the first cousin of Y. X and Y died
intestate with X’s estate consisting of parcels of land. Who may be entitled so such parcels of land?

W may be entitled to such parcels of land if X predeceased Y because then W may have rights over
said property. W would have rights in said scenario because Y would inherit rights over said land as
a compulsory heir X and then W would inherit rights over said property as a compulsory heir of his
husband, Y. Z may also be entitled or have rights to the such parcels of land if it's proven that Z is a
legitimate descendant of X as the latter’s grandchild.

2. A, B, C, and D were the witnesses in the execution of the will of X. A was a notary public. B was given a Ferrari
with plate number TRY-168. B was incapacitated to inherit from X. B sold the Ferrari to Y. May Y acquire
ownership over the car?

Yes, Y may acquire ownership over the car if A is not the notary public before whom the will was
acknowledged because then there would be 3 other competent witnesses aside from the legatee.
Further Y also acquires ownership over the car if, unaware of the fact that B was incapacitated to
inherit such property, he bought the car in good faith.

3. X executed a holographic will. There was an insertion made by Y in that will. May the will be denied probate
because of the insertion?

Yes, the will may be denied probate if the insertion was made after the execution of the will and such
insertion was validated by the full signature of the testator. In holographic wills, in order to be valid
and allowed probate, such must have been completely and solely written, dated and signed by the
testator.

4. X accidentally destroyed his will. There was no copy of the will but Y, friend of X, claimed that the provisions
of the will were known to him because X showed the will to him before it was destroyed. May the will be
probated?

Yes, the will may be probated if it's a notarial or an ordinary will because the law allows such wills to
be proven by the testimony of competent witnesses of such will. But if it's a holographic will, then
the will may not be probated because the will itself is the only proof that such will was handwritten
and made by the testator completely by himself.