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    Ga Vanessa May Quiz 2-Final Term

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    Vanessa May Caseres Ga
    The document contains 4 questions and answers regarding succession law in the Philippines. Question 1 deals with dividing an intestate estate among legitimate and illegitimate heirs. Question 2 divides an estate among a widow, legitimate brothers, and nephews. Question 3 discusses inheritance rights when a wife commits adultery with her husband's brother. Question 4 addresses how the estate is divided if one child attempts to kill the deceased parent.

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    Ga Vanessa May Quiz 2-Final Term

    Uploaded by

    Vanessa May Caseres Ga
    46 views2 pages
    The document contains 4 questions and answers regarding succession law in the Philippines. Question 1 deals with dividing an intestate estate among legitimate and illegitimate heirs. Question 2 divides an estate among a widow, legitimate brothers, and nephews. Question 3 discusses inheritance rights when a wife commits adultery with her husband's brother. Question 4 addresses how the estate is divided if one child attempts to kill the deceased parent.

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    GA VANESSA MAY QUIZ 2-FINAL TERM

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    The document contains 4 questions and answers regarding succession law in the Philippines. Question 1 deals with dividing an intestate estate among legitimate and illegitimate heirs. Question 2 divides an estate among a widow, legitimate brothers, and nephews. Question 3 discusses inheritance rights when a wife commits adultery with her husband's brother. Question 4 addresses how the estate is divided if one child attempts to kill the deceased parent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    46 views2 pages

    Ga Vanessa May Quiz 2-Final Term

    Uploaded by

    Vanessa May Caseres Ga
    The document contains 4 questions and answers regarding succession law in the Philippines. Question 1 deals with dividing an intestate estate among legitimate and illegitimate heirs. Question 2 divides an estate among a widow, legitimate brothers, and nephews. Question 3 discusses inheritance rights when a wife commits adultery with her husband's brother. Question 4 addresses how the estate is divided if one child attempts to kill the deceased parent.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    GA, VANESSA MAY C.

    Question 2 Final Term Succession

    1. The deceased died intestate leaving his widow, 2 legitimate


    children, and five (5) illegitimate Children. The intestate estate is
    P10,000,000.00. Divide the estate.

    Answer: The legitime of the legitimate children shall be computed


    first which consist of the half of the estate. The Php 5,000,000.00
    will be divided by the two of them, each will get Php2, 500,000.00.
    Then the legitime of the surviving spouse which is the same as the
    legitime of each children, a total of Php 2,500,000.00 which shall
    be taken to the free portion thereof. The illegitimate children will
    then divide the remaining Php 2,500,000.00 among the five of
    them, each will get a total of Php 500,000.00 each.

    2. “A” died without a will survived by: (a) his widow, “W”; (b) his
    legitimate brothers, “B” and “C”; and (c) his nephews, “E” and
    “F”, who are the children of a deceased sister, “D”. The net
    remainder of his estate is ₱2,400,000.00. How shall such estate
    be distributed?

    Answer: Under the law, when the brothers and sisters or their
    children with the widow or widower, the latter shall be entitled to ½
    of the inheritance and the brothers and sisters or their children to
    the other half. Thus, in the case given, estate shall be divided in
    the following:

    W must have Php1,200,000.00 in her own right;


    B must have Php400,000.00 in his own right;
    C must have Php400,000.00 in his own right;
    E must have Php200,000.00 by right of representation; and
    F must have Php200,000.00 by right of representation.
    3. When A returned from the Visayas, he caught his wife, W,
    committing adultery with his own brother B. the two were convicted
    as a result of a criminal action brought by A against then for
    adultery. A few days after, A died without a will, leaving
    considerable properties. His only surviving relatives are: (a) W; (b)
    B; and (c) C and D, first cousins. Who shall inherit from him?

    Answer: W, alone shall inherit from A. Legally, the conviction of W


    for adultery is not an act of unworthiness within the meaning of Art
    1032 of the NCC. The only time when a guilty spouse is considered
    unworthy to inherit from the other is when there is a decree of legal
    separation. In the given facts, there is no decree of legal
    separation. It is different in the case of B because he was expressly
    disqualified to inherit in the provision of Article 1032 (5). In the case
    of C and D, although there is no question about their capacity to
    inherit, yet they are excluded by succession by the presence of W.

    4. X has 3 legitimate children A, B and C. B has 2 children D and E. X


    made a will giving each of his 3 children equal share in his estate of
    P6M. If A attempts to kill X and is convicted. How the estate be
    divided?

    Answer: B shall receive Php2,500,000.00 on his own right. C shall


    receive Php2,500,000.00 on his own right. The legitime of A which
    is Php1,000,000.00 shall be accrued to B (Php500,000.00) and
    C(Php 500,000.00) since A has no other descendants. Thus, B
    shall now have Php3,000,000.00 and C shall have
    Php3,000,000.00. D and E cannot inherit from X since their father
    B is still alive and capacitated to inherit.

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