Professional Documents
Culture Documents
College of Law
Baguio City, Philippines
Midterm Examination
First Semester 2003-2004
WILLS AND SUCCESSION
1. Do not write your name on any page of your exam booklet. Instead,
write the number appearing on this test question on the first page
thereof.
2. Write your ID number on your questionnaire. Submit your
questionnaire along with your test booklet.
3. Read each question very carefully before answering sequentially,
clearly and concisely. Start each number on a separate page. Your
answer to a subquestion under the same number may be written
continuously on the same page to the following page.
4. Do not repeat the question. Do not restate the problem nor modify
the facts.
5. A mere “yes” or “no” answer will not merit any credit. Ratiocinate.
6. Cheating entails fatal consequences.
-I-
Six months after his murder, his executor petitioned the court for
the probate of his will. This is now being opposed by his wife Gina
Parinno and their two children on the grounds that the will did not
comply with the formalities prescribed by law.
2) Assume that the will was validly executed. How much is the
share of the wife and the children from the estate? (5%)
-II-
1
On 6 August 1990, elements belonging to the Philippine Navy
chased the M/V A. Sabaya as it was cruising the China Sea, relying on
an intelligence report that the same belonged to the head of a
notorious kidnap-for-ransom gang. The naval officers seized the vessel
and rained bullets on its two passengers, Abobo Sabaya and his
friend. Abobo sustained a gunshot in his head. He and his friend fell
into the sea and were swallowed by the raging waves.
-III-
The attestation clause did not state the number of pages used,
although the acknowledgment stated that “the will consists of three
pages excluding the page on which this acknowledgment is written.”
After Jose Pidal’s death, Mrs. Velarde informed her son that his
biological father was Pidal. During the probate of Pidal’s will, Jose
Velarde filed his opposition alleging the following: a) One of the three
witnesses to the will is an heir. This being the case, it is as if there
were only two witnesses in violation of the requirement of the law; b)
He was preterited; and c) The attestation clause did not state the
number of pages used in the will.
2
-IV-
-V-
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shot dead by an unidentified assailant. He was survived by his wife
and two children.
-VI-
After examining the will and the codicil, Atty. Josef Strada
informed Triliones, his client, that the 12 July 2001 will was not validly
republished as the codicil failed to reproduce the testamentary
dispositions thereof.
4
posture. No reference to the first will was made. Three weeks after,
Diego invited Troy to a rally but the latter declined explaining that he
rethought his anti-US position and became an active member of
GAGA. A disillusioned Diego executed a third will expressly revoking
the second will. What is the status of the first will? (5%)
-VIII-
My everdearest Louise,
5
This may be belated but I want you to know that in my
heart, I have always loved you.
Sherap
Baguio Flower Fest Month 1999
1. LC, LC, LC, LC, SS, IC, IC, IC, IC, IC, IC, IC
2. SS, IC, IC
3. SS, LPGF, LPGM, LMGGM
4. IC, LPGM