Professional Documents
Culture Documents
V.
XVII.
What is the effect of preterition ? (1%)
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I.
Mario executed his last will and testament c) Is the situation presented in
where he acknowledges the child being Item I an example of
conceived by his live-in partner Josie as his own depe9age? (2%)
child; and that his house and lot in Baguio City
be given to his unborn conceived child. Are the
acknowledgment and the donation mortis causa
valid? Why? (4%)
SUGGESTED ANSWER:
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III. Bert and Joe, both male and single, lived
together as common law spouses and agreed
Julie had a relationship with a married man who to raise a son of Bert's living brother as their
had legitimate children. A son was born out of child without legally adopting him. Bert worked
that illicit relationship in 1981. Although the while Joe took care of their home and the boy.
putative father did not recognize the child in In their 20 years of cohabitation they were able
his certificate of birth, he nevertheless to acquire real estate assets registered in their
provided the with child all the support he names as co-owners. Unfortunately, Bert died
needed and spent time regularly with the child of cardiac arrest, leaving no will. Bert was
and his mother. When the man died in 2000, survived by his biological siblings, Joe, and the
the child was already 18 years old so he filed a boy.
petition to be recognized as an illegitimate
child of the putative father and sought to be xxxx
given a share in his putative father's estate.
The legitimate family opposed, saying that b) What are the successional rights of the
under the Family Code his action cannot boy Bert Joe and raised as their son? (2%)
prosper because he did not bring the action for
recognition during the lifetime of his putative xxxxx
father.
b) Wishing to keep the peace, the b)Neither of the two will inherit from Bert. Joe
child during the pendency of the case cannot inherit because the law does not
decides to compromise with his putative recognize the right of a stranger to inherit from
father's family by abandoning his petition the decedent in the absence of a will. Their
in exchange for Yi of what he would have cohabitation will not vest Joe with the right to
received as inheritance if he were inherit from Bert. The child will likewise not
recognized as an illegitimate child. As the inherit from Bert because of the lack of formal
judge, would you approve such a adoption of the child. A mere ward or ampon
compromise? (2%) has no right to inherit from the adopting
SUGGESTED ANSWER: parents. (Manuel v. Ferrer, 247 SCRA 476)
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receive by will. On the assumption that the Maria can set up the defense that the action
property donated to Maria is the only property has prescribed. An action for revocation of the
of Jose, the legitime of his illegitimate child donation on the ground that it impaired the
would be impaired if Maria would be allowed to legitime of a compulsory heir may only be filed
keep the entire property. After taking into within ten (10) years from the time the cause
account the value of the property, Maria can be of action accrues which is at the time of the
made to reconvey the property to the extent death of Jose. The facts are not clear as to
necessary to satisfy the legitime of Joses when Jose died but on the assumption that he
illegitimate daughter provided that the woman died ten years prior to the filing of the action,
claiming to be Joses child can prove her the same has clearly prescribed.
filiation to the deceased.