Question VIII, Civil Law, 2017 Bar Exam

Pedro had worked for 15 years in Saudi Arabia when he finally decided to engage in farming in his home province where his 10- hectare farmland valued at ₱2,000,000.00 was located. He had already ₱3,000,000.00 savings from his long stint in Saudi Arabia.

Eagerly awaiting Pedro's arrival at the NAIA were his aging parents Modesto and Jacinta, his common-law spouse Veneranda, their three children, and Alex, his child by Carol, his departed legal wife. Sadly for all of them, Pedro suffered a stroke because of his overexcitement just as the plane was about to land, and died without seeing any of them.

The farmland and the savings were all the properties he left.

(a) State who are Pedro's legal heirs, and the shares of each legal heir to the estate? Explain your answer. (4%)

(b) Assuming that Pedro's will is discovered soon after his funeral. In the will, he disposed of half of his estate in favor of Veneranda, and the other half in favor of his children and his parents in equal shares. Assuming also that the will is admitted to probate by the proper court. Are the testamentary dispositions valid and effective under the law on succession? Explain your answer. (4%)

Suggested Answer:

(a) Pedro’s compulsory legal heirs are as follows:

1) His child by his deceased legal wife, Carol; and

2) His three children with Alex.

Under the Civil Code, compulsory heirs include legitimate children, illegitimate children. In default of legitimate children, legitimate pare...

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