ANSWER KEY for Civ 1.

I. The share would be 100% of the estate as inheritance. (wala reason, di

napicture-an, gawa nalng kayo.)

II. NO. The action of A will not prosper. An illegitimate child is barred by the iron
curtain rule under the civil code from inheriting, ab intestado, from the
legitimate relatives of his parents. In the case presented, A is the illegitimate
child of B and under the rule adverted to, barred from inheriting by intestacy,
from the legitimate brother of his father.

III. This is a case of imperfect disinheritance because marrying a man that the
father did not approve of is not a ground for disinheritance. The imperfect
disinheritace of D makes her preterited under the will. Preterition occurs
when a compulsory heir in the direct line is omitted entirely from the estate.
Preterition results in the annulment of the institution of E and F as Mr.
Palmas only heirs. As a result of the annulment of heirs. Mr. Palmas estate
will be distributed according to the rules on intestacy. D,E, and F will get 500k
each.

IV. The remaining estate after giving Oscar his legacy of 50k shall be divided
equally among Nelson, Elvira and Wilma, who are all cumpolsory heirs of
Engelbert, according to the rules of intestacy where the share of the surviving
spouse is equivalent to the share of one legitimate child. The distribution is :
N-300k E-300k W-300k O-50k

V. Irma succeeds to the estate of Isidro as his surviving spouse. The marriage of
Irma and Isidro is one celebrated in articulo mortis. As such, the requirement
of valid marriage license is waived. The lack of parental consent merely
makes the marriage voidable. However, since the marriage has been
terminated by death, there is no more marriage to annul on the ground of lack
of parental consent. The marriage may be considered valid on the ground that
both Isidro and Irma believed in good faith that the asst. pilot had authority to
solemnize the marriage. The failure of the solemnizing officer to file the
affidavit is a mere irregularity that will not invalidate the marriage. On the
basis of the foregoing considerations, it is submitted that the marriage
between Isidro and Irma is valid. Hence, Irma will inherit part of isidros
estate as surviving spouse while the baby, who was born alive after an intra-
uterine life of 8 months was considered born, at the time of Isidros death, for
all purposes favorable to it, such as to receive inheritance from his father. As a
 legitimate child, the baby shall exclude isidros parents and will share the
esatate of isidro, by intestacy, with Irma, as surviving spouse, in the following
portion, to Irma and to the baby. Since the baby de intestate as well, his
inheritance from isidro will go entirely to Irma, isidro cannot inherit from the
baby since he predeceased the baby. Isidros parents cannot inherit the share
of isidro since there is no right of representation in the ascending line. Isidros
share goes to Irma by right of accretion.

VI. Yes, the property inherited by the baby from isidro became reservable
property when Irma inherited it upon the babys death. The reserve will go to
any relative of the baby within the 3rd degree in the paternal line, otherwise
known as reservatarios, who are alive at the time of irmas death. If the
parents of isidro are still alive when Irma dies, the reserve will go to them,
being 2nd degree relatives of the baby.

VII. The intestate heirs are the 2 legitimate children and the two illegitimate
children. The parents are excluded from the inheritance because of the
presence of legitimate descendants as survivors. The brothers of luis are
excluded from the estate also since they will inherit only if they survive alone
or with the surviving spouse as intestate heirs. Each illegitimate child shall
inherit the share of one legitimate child. Using this formula, the estate of
Luis shall be distributed as follows: Each legitimate child: 400k x 2 = 800k,
Each illegitimate child: 200k x 2 = 400k

VIII. 1. Fs intestate heirs are B and C. if there is no proof as to who between a and f
died first, they are presumed to have died at the same time and there will be
no transmission of successional rights from one to the other. Upon fs death, b
and c will share his estate pro-rata or each. Since a did not become fs heir,
w cannot represent a in fs estate.
2. W will inherit the entire estate of A. B and C will not inherit from A because
they are excluded by W, who is the legitimate child of A.
3. If B and C both predecease F, Fs intestate heirs will be X, by right of
representation of B, and Y and Z, by right of representation of C. Their shares
will be X: , Y: , and Z:
4. If B and C repudiate their shares in the estate of F, his nearest relatives, W,
X, Y and Z, shall inherit in their own right, as follows: W: , X: , Y: and Z:
. B and C, who repudiated their shares shall not be represented in the
estate of F.

IX. Tessies gross estate consists of a house and lot acquired during her marriage
making it part of the community or conjugal property. 1M belongs to Mario as
Mariosshare of the community / conjugal property. The value of the other
half or the 1M is Tessies share and forms part of her estate. One half or 500k
 shall go to Mario as his intestate share. The other half shall go to michelle and
jorelle, who shall divide in half. Under the law, brothers and sisters who
survived with the widow or widower shall be entitled to the other half. Hence,
each will get 250k each.

X. 1.) A,B,C shall have 20k each or total of 60k. 2.) W shall have the same share
as one legitimate child or 20k. 3.) E and F shall inherit the share of D, by right
of representation. They will divide Ds share of 20k, per stripes, or 10k each.
4.) G and H shall get of the share of one legitimate child or 10k each.

XI. NO, there is no reservable property in the immediately preceding case. The
property inherited by Mrs. Cruz was inherited by her from her spouse and not
from an ascendant, nor from a brother or sister.

XII. The motion to dismiss should be denied. Article 992 does not apply because
Antero is not claiming any inheritance from eugenio. Since Antonio was still
alive when Eegenio died, he inherited 1/3 of eugenios estate together with
martina (1/3) and the children of Joaquin (1/3). As an acknowledged
illegitimate child of Antonio, antero has the right to participate in the estate of
Antonio. He is claiming his share in antonios inheritance from the estate of
eugenio.

XIII. If the baby had intra-uterine life of less than 7 months, it did not quire
presumptive civil personality at the time of Mr. Lunas death since the baby
lived for only 5 hours and not 24 hours required by law. In this case, the baby
did not inherit and will not disqualify Mr. Lunas parents from inheriting from
Mr. Lunas estate. The will receive 2.5M each as their share of the estate with
mrs. Luna inheriting the other 2.5M. Upon Mrs. Lunas death, the 2.5M she
inherited from Mr. Luna and her share of the community / conjugal property
of 5M will go to her legal heirs.