(1) A died died single single without without childr children, en, is surviv survived ed by his mother mother E; his patern paternal al grandfa grandfathe therr C; and his sister D (paternal grandfather, mother, sister) Distribute his estate worth !1"",""""" #nly his mother mother $is mother gets the entire !1"",""""" %he entire !1"",""""" goes to the mother &hy' randfather does not inherit because in the ascending line, the nearer, in the direct line whatever, the nearer ecludes the farther *o, the mother is nearer to the deceased than the grandfather $ow about the sister' %he sister does not get anything because the sister is a collateral *o, e+ual in the direct line, heirs in the direct line get it rst before the collaterals (-) . died without legitimate issue and is survived survived by his legitimate legitimate father /; his illegitimate illegitimate children children and $; and 0, his brother %here is another illegitimate child who predeceased . but has two children 1 and - %he estate would be !1-",""""" Distribute %he brother stri2es out rst $eirs in the direct line 3 they are the father, illegitimate children and nephews Does the legitimate father concur with the illegitimate children' 4es5 *o, there is no legitimate issue $ow much does the father get' %he legitimate ascendants or parents ta2e the place of legitimate children *o, they have the same legitime which is one half *o, right away, / gets !6",""""" &here does the other !6",""""" go' *o, , $, 1 and - *o, you have !6",""""" divide it into three &hy three' , $ and who are the illegitimate children *o, , $ and get !-",""""" each .ut is dead &ho get his share' 1 and - by right of representation $ow much should they get each' !1",""""" each (7) 8 died intestate leaving leaving behind an estate of !1"",""""" !1"",""""" $e is survived by his common9law wife :; his sister ; and his nephew #, son of his brother who predecease predeceased d him Distribute Distribute his estate estate &ho do you stri2e out' %he common9law wife does not get anything, only the legal spouses *o, who are his heirs there' *ister and nephew Does the nephew # get anything' 4es5 %here is right of representation in the collateral line if the sister survives with a nephew or a niece (<) erry, erry, single, named named his sister :onica in his will as a devisee of a parcel of land %here %here is a will, meaning, :onica as a devisee of a parcel of land %he will imposed upon :onica the obligation of preserving the land and transferring it upon her death to her illegitimate daughter =achel &hat is your conclusion after reading it' it ' :onica is the duciary and =achel is the deicomissary deicomissary %here is a deic deicomi omissa ssary ry substi substitu tutio tion n at wor2 wor2 here here *o, how how do you you 2now 2now that that it is a deic deicomi omissa ssary ry substitution' %he will either says 0 give a parcel of land to :onica as substitute and to =achel as deico deicomiss missary ary substitute substitute or the testator testator imposes imposes a burden burden on the rst heir heir to prese preserve rve and transmit a property property to a second heir, mayroon mayroon na2alagay doon preserve preserve and transmit a property property to a second heir upon her death or upon given time, 2apag walang given time 2unwari walang -" years, 1> years or 1" years, then, it is understood upon her death, o2ay' %here is deicomissary deicomissary subst substitu itutio tion n 0t is impo import rtant ant that that you you ma2e ma2e that that conc conclu lusio sion n .eca .ecaus use e that that will will guide guide you you in answering the +uestions *o, erry later died leaving 8i?a, his mother; :onica; and =achel 0f =ache =achell prede predecea ceases ses :onica :onica,, who inherits inherits the prope property rty' ' *o, :onica :onica ducia duciary, ry, deico deicomiss missary ary =achel, o2ay' @atay na yung erry, *o, =achel, the deicomissary, died rst before the duciary &ho gets the lot' #2ay, :onica gets the lot &hy' Ang sagot sa why mas important sa sagot nung una &hy' Dahil siya yung duciary' *iya yung rst heir, na2uha niya' =emember, the rst heir is not given the ownership of the property, ust possessory and usufructuary rights Baya it is given to the deicomissary thereafter thereafter &hy does :onica get the property' ($indi ito naging simple si mple 4ung 4ung simple, yung inchoate right niya nagripen :onica is not compulsory heir of erry, mag2apatid eh5) &hy does :onica get it' iven that this is all we 2now &hat are the re+uirements for deicomissary substitution ta2es place' %hat the duciary and the deicomissary are both alive at the time of the death of the testator' #, di ba they are both alive 0f they are both alive, the deicomissarys right to the property vests in him or her *o, 2anya na yon di ba' aghihintay lang siya na mangyari yung resolutory condition na mamatay ang duciary *o, nung namatay siya (=achel), sino ang heir niya' *i :onica, di ba' :onica gets it as =achels heir, not because
naging simple siya, blah blah blah, dahil hindi naman pwede maging simple yon Dahil nung mamatay si erry, si =achel ang may9ari non, naghihintay lang siya na mamatay si :onica Di ba' *o, nung mamatay siya (=achel), sinong heir niya' *i :onica5 a2uha ni :onica yon as heir of =achel Ewan 2o, yon ang a2ing palagay *econd +uestion, if :onica predeceases erry, did =achel inherit the land directly from erry' Dapat alam niyo na sagot dyan :onica predeceases erry, in other words, nauna siyang (:onica) namatay $indi siya (:onica) compulsory heir5 &ho gets the land' &ho gets the devise' &hat did 0 ust tell you people5 /or deicomissary substitution ta2es place, the duciary and deicomissary must both be alive5 E, duciary died, mayroon bang deicomissary substitution' &ala5 *o, ano nang nangyari sa devise' *i =achel ba ay compulsory heir ni erry' o5 As a matter of fact, hindi siya ma2a2ainherit 2ay erry, ba2it' .ecause of the iron curtain5 Andon sya sa =ussia, andito sila sa America Di ba' 0llegitimate child unfortunately cannot, anyway, so, sino na yon' #, e di, yung nanay ni erry, 2aya nandon si 8i?a agpredecease 2aya nawala yung deicomissary substitution Ano ngayon ang right ni =achel sa land' &ala5 .ecause the devise has never become eective as to :onica 0f erry died intestate, may =achel inherit from erry' #, alam nyo na ang sagot dyan o5 o deicomissary substitution =achel is the illegitimate child of :onica Actually, yung iron curtain rule, applies only to intestate succession, pag2a testate succession, pwede sana di ba' Baya lang 2aya rin si 8i?a ang mag9iinherit non (Atty %uringan was interrupted by one of her students) :ay =achel inherit from erry' o, because of the iron curtain rule (>) F *ee number (-) F 0 died intestate, this is the brother, leaving !1"",""""" estate *o, / is his legitimate father; and $ are his brothers; and 1 and - are his nephews, children of who predeceased 0 Gery easy5 / gets the entire ₱100,000.00 because of the rule the collaterals are excluded by the direct heirs, direct ascendants if there is no descendant because they are nearer to the, ang rule d’yan the nearer excludes the farther, the direct line excludes the collateral.
(6) =odrigo =oas died intestate leaving a net estate of !1",""",""""" Determine how much each heir shall receive from the estate =odrigo is survived by his wife; three full9blooded brothers; two half9sisters; and one nephew who is the son of another full9blooded brother who predeceased =odrigo *o, wife, three full9blooded brothers, and another full9blooded brother who died, predeceased him, mayron syang nephew don, o2ay' And two half9sisters *o, right away, in intestate succession, the surviving spouse gets one half, the other half goes to the siblings, if they survive together #ne half goes to wife !>,""",""""" $ow about the other !>,""","""""' $ow is it going to be' Anong gagawin mo dyan Bapag sa intestate, -H1 di ba' - full9blooded, 1 half9 sister *o ilan ang full9blooded, isama niyo muna yung napredecease, then the child of that brother will ta2e that share by right of representation *o, four full9blooded brothers times -IJ, 4ung dalawang half9sisters 1 and K, e di 1" !>,""",""""" divided by ten L !>"",""""" *o, yung three full9blooded brothers who are alive get !1,""",""""" each, the nephew ta2es the place of the predeceased brother, he also gets !1,""",""""", so thats !<,""",""""", the half9 sisters get the one half of !1,""",""""", !>"",""""" each Aassignin nyo sya ng dalawa yung sa isa instead of isa at one half :asiraan 2ayo ng bait pag sa isa at one half, gawin niyo syang -H1 =odrigo is survived by his wife; half9sister; and three nephews from a deceased full9blood brother Again, the wife gets one half $alf9sister is one, brother is two and three %hree di ba' !>,""",""""" divided by three L one point blah blah blah #ne point blah blah blah and three point 16 and 77 et cetera, ganon 4ung 77 we divide it by three magiging one point one
something sila, one point one plus, one point one plus, one point one plus for the nephews and then you get one point si plus for the half9sister (M) :ar died leaving behind the followingH his spouse Borina; three legitimate children, race, :iriam and oo; and seven grandchildren $ow much is the legitime of each' *o, we have the spouse who survives with legitimate children and grandchildren =ight away, the grandchildren are ecluded, the nearer ecludes the farther 0f the spouse survives with legitimate children, right away youll 2now that the legitime of the children is one half and the legitime of the surviving spouse ta2en from the free portion is share of one legitimate child *o, if there are three children sharing one half of the estate, how much do they get each' 1I6 di ba' *o, 1I6 N 1I6 N 1I6 ay 7I6 or K *o, then Borina gets 1I6 because that is the share of one legitimate child *o, if oo renounces his share, ang nirerenounce lang niya dito legitime, you learned that if the heir renounces the legitime, he also renounces the intestate share @ero pag guguluhin pa natin to, pag nirenounce niya ang intestate share, it does not follow na nirerenounce niya yung legitime *o, yung nirenounce ni oo yung 2anyang legitime, dapat 2asama yung 2anyang intestate share @ero guguluhin pa natin to muna 2asi ano ang natirang free portion' O di ba' *o, since hindi siya na2alagay sa will, ano ang gagawin natin sa O' &e will distribute it by rule of intestacy, ang gulo na di ba' Baya hindi 2o na sinama yon 4ou than2 me5 .asta it is enough for you to 2now pag nirenounce ang legitime 2asama ang intestate share, pag nirenounce ang intestate share hindi 2asama ang legitime Bailangan sabihin niya muna nirerenounce 2o ang intestate share at tsa2a yung legitime pero 2apag sinabi niya nirerenounce 2o ang legitime mas2i hindi niya sabihing nirerenounce niya ang intestate share #2ay oo renounces his share, ito yung 1I6 $ow much will be the share of other heirs 0n other words, where does the 1I6 go' $ow much will be the share of the other heirs' &here does the 1I6 go' &ho are the other heirs' *urviving spouse and the legitimate children &here does the 1I6 share of oo go' &hat is at wor2 here' &hat are we trying to' :odes of accretion5 =ules of accretion5 %o be able to nd out sino magsheshare sa 1I6, ano ang accretion' 0f two or more heirs are called to the same inheritance, di ba' *o, the same inheritance, hindi 2asama yung spouse don sa mga siblings5 4ung 1I6 2anino pupunta' Bay race at :iriam Ano ang share nila' E+ual di ba' E+ual 2asi dalawa sila, proportionate, so, idivide mo si 1I6 into two :agiging ano sya' 1I1- 2asi 1I1- N 1I1- ay -I1- or 1I6 @ag inadd mo ngayon yung 1I16 at tsa2a 1I1-, ano ngayon sya' $indi na yon yung tanong, ang tanong e, yung legitime ni oo, ang sasagot niyo dito, is going to race and :iriam at the rate of 1I1- each 4on ang sagot dito %apos sasabihin niyo 2ung ba2it si race at si :iriam lang ang magsheshare 0f race, :iriam and oo predecease :ar, how much will the remaining heirs get' #, sino na lang ang remaining heirs' %he spouse5 @apaano si grandchildren' .y right of representation, they will rise to the level of (someone interrupted Atty %uringan) @redecease lang eh5 @ag renounce, pag nirenounce niya, walang right of representation, so they are now the nearest direct descendants so they will rise on their own right Di ba' anon5 @ero 2apag predecease, mayron pa ring right of representation Di ba' @ero ang tanong dito ay saan mapupunta ang share niya (oo) 2aya 2ailangan 1I1- ang sasabihin mo 1I6 N1I1- is O #2ay5 0to pag nagpredecease, remember ha5 Bapag2a nagpredecease, their children will ta2e up their place and get their share by right of representation *o, yung 1I6 ni race, pupunta sa 2anyang dalawang ana2, tig mag2ano sila' %ig9 1I1- 1I1- at tsa2a 1I1- *i :iriam, dalawa rin ang ana2 niya, 1I1- at tsa2a 1I1- @apano si oo, tatlo ang ana2 niya' 1I1J 2asi 1I1J N 1I1J N 1I1J is 7I1J or 1I6 4on, ganon ang sagot 0f race, :iriam and oo renounce all their shares, how much will the remaining heirs get' *o, yung K ididivide mo ng seven # di ba, 2ay hirap5 Ang acceptable na sagot dito ay all the
grandchildren will share e+ually in the one half legitime of the estate anon #r 2ung ma2u2uha niyo ang 1IM ng K, congratulations5 (J) =oy is survived by his spouse; two legitimate children; and three illegitimate children Distribute his estate worth !1J",""""" *o, !1J",""""", ₱90,000.00 is the half, so the two legitimate children get ₱45,000.00
each, the spouse gets also ₱45,000.00. So, ₱90,000.00 plus ₱45,000.00, ₱15,000.00. !, ₱ 1"0,000.00 s’ya, ₱45,000.00# $he illegitimate children’s shares supposed to be one half of share of each legitimate child which is ₱45,000.00 di%ided by two, ₱&&,500.00. $here’s only ₱45,000.00 and there are three of them. $hey all get ₱15,000.00 each only. !, ba'it ₱15,000.00 lang( )ecause, unfortunately, if the estate is not enough, it’s the illegitimate child’s*children’s shares that get reduced. So, they don’t always get one half of the share of the legitimate child. +at’yat’yaga sila do’n sa natira because you do not reduce the share of the legitimate children and the sur%i%ing spouse.
(P) Antonios will has only one dispositionH he left his shpond in .ulacan to reg valued at !J",""""" :as importante dyan yung reason ha5 =eason why Basi hindi na2alagay dito yung put the reasons why *a nals, put the reasons why na *o, the estate is !1-",""""", the shpond, devise yon, !J",""""" Antonio left behind two legitimate sons 0f you will notice, 2ung isa lang ang disposition ng devise and the will is allowed, ano ang rule' 0ntestacy, di ba' $owever, the legitime is !6",""""" tapos mayrong devise na !J",""""", !1<",""""" sya5 E, !1-",""""" lang #, ano ngayon ang mangyayari' ever impair the legitime5 Di ba' *o, the legitimate sons will get !7",""""" each @ag !7",""""" each, !6",""""" @apaano na si shpond, e, !J",""""" sya' Ano ang rule' Di ba ang rule dyan is you reduce the testamentary dispositions, right' *o, how do you reduce the shpond' Bailangan !6",""""" lang si shpond $ow do you do that, e, shpond sya' $indi pwedeng hatiin5 Ano ang rule' 4ou impair, you reduce the devise 0f the reduction absorbs less than >"Q, less than half, mayroong option yon %he devisee has an option to ta2e the shpond and pay the legitimated children the what is decient in their legitime which is !1",""""" each, o2ay' *o, ang gagawin niya is pwede syang, mayron syang option na a2in na lang yung shpond, hindi natin pwede ireduce siya, paano natin irereduce' .ayaran na lang niya ng tigteten thousand pesos each @ag tinanggap ng legitimate children, tapos ang istorya @apano 2ung hindi tinanggap ng legitimate children' Basi it also wor2s the other way around di ba' Bunwari a2o yung devisee, so ano' %hey will sell it 0f they dont agree, they will sell the shpond and from the proceeds of the shpond, 2u2unin yung !1",""""" at tsa2a yung !1",""""" at yung natira mapupunta 2ay reg @ero ang unang option is si reg ang magbabayad ng, magcocomplete ng legitime ng legitimate heirs 0f reg is one of the two sons, would your answer be the same' #f course, not5 &hy the answer is not the same' %he formula is still the same, di ba' !7",""""", !7",""""" $owever, si reg na2uha niya yung !J",""""" *o, ang natira na lang ay, mag2ano natira' !<",""""" di ba' Banina we were loo2ing for !6",""""", decient sya ng !-",""""" ow, we are loo2ing at what' At !<",""""" Easily from the !<",""""", the other legitimate child can get his !7",""""", may sobra pa ngang !1",""""" eh5 *o, in this case, reg gets the shpond, gets the additional !1",""""" and the other !7",""""" goes to the other child #2ay5 (1")
.ert is survived by his three legitimate sons Ay mali ito5 .ut you can correct this yourself, di ba' .ecause R predeceased .ert *o, dapat ito, R is survived by 4 and S 0s other legitimate child (0 cant hear Atty %uringans voice) .ut you should have corrected it yourself people Basi how can he be survived by somebody who died before him' #h, di ba' $indi 2o sya nacorrect ah5 Anyway, basta ganon yon5 R is here5 R is daughter, R1 is born on uly 1PP6, .ert dies in 1PP6, (Atty %uringan was drawing on the board here, 0 thin2) *o, ah #2ay5 0 will repeat5 .ert has three children, R predeceased him on anuary 1PP6, he (.ert) died on :arch 1PP6 R left the daughter (R1) who was born on uly 1PP6 4 has a son,
child 41, was born on anuary 1PPM S was born on uly 1PP6 full term but died one hour later *ino ngayon ang buhay noong namatay si .ert' Ang buhay ay si 4 at tsa2a si S 2asi R predeceased him (.ert) *o, who inherits' &hen he died, remember, for you to inherit, you should be alive at the time of the death of the testator or decedent unless right of representation is proper Di ba' &ho among these children were alive on :arch 1PP6, nobody di ba' &ho is considered alive' *omeone who is completely delivered from the womb, as a general rule Eception, for all purposes, the fetus in the womb is considered alive if it is born later alive 0f it is delivered completely from the womb, it is considered alive .orn alive mas2i na one minute di ba' /or those whose intra9uterine life is seven months and more 0f it is less than seven months, the baby has to be alive twenty four hours 4ung rule na yon titignan natin 2ung sino magbebenet from that rule R1 will benet from that rule, di ba' .ecause on :arch, he (R1) was already presumed to be in womb of the mother nung namatay yung tatay nya *o, R1 will benet from that di ba' R1 inherits because baby fullls the condition under 1"-> and <1 of the Civil Code Bailangan alam niyo yung 1"-> at <1 ha5 $e (R1) ta2es the place of R by right of representation 4 was validly disinherited 0f a compulsory heir is validly disinherited, his descendants will also have the right to represent him if they were alive at the time of the testators death &as 41 alive' $e (41) was not yet in the womb at the time of the death of the decedent Article <1 and article 1"-> have no application as to him *o, si R, 2asi ang susunod dyan, give the reasons why the others will not inherit R will not inherit because hes dead R1 will inherit, we already 2now 4 will not inherit because he was validly disinherited 41 will not inherit because 1"-> and <1 no application to him and he was born after his (.erts) death Dito na tayo ngayon 2ay S at tsa2a si S1 *o, who inherits' S or S1' S inherits S1 does not inherit because the nearer ecludes the farther .ut S1 is still alive when he (.ert) died Eventually, S1 will inherit from S not from .ert #, di ba' &ho would inherit from .ert' &ho would not inherit from .ert' #h, e, titignan nyo ang mga tanong *o, mamanahin niya (S1) yung minana ni S 2ay .ert pero mana niya (S1) yan from S hindi 2ay .ert Basi buhay pa si S nung namatay si .ert Di ba' *uccession opens at the time of the death *orry, 2ung may pag2agulo angawit din a2o at nahilo a2o *uma2it bato2 2o dito %wo nights 2o ginawa to pero hindi mag2asunod na nights $ope this will help5
