Name: ______________________________Long Quiz in Succession August 01, 2018

Instructions: Analyze the problems very carefully. You may use this questionnaire as scratch paper. Write legibly
and if you must erase, simply overwrite the wrong answer with one line. DO NOT WRITE ON THE FIRST PAGE
OF YOUR BOOK LET. That is reserved for the computations of scores.

I. A holographic will, entirely written, dated and signed by X, a bachelor, was found after his death
naming his gay boyfriend Y, as sole heir to his estate. However, it contained insertions and
cancellations, which named another recent boyfriend Z, as sole heir to his estate. The insertions and
cancellations were not authenticated by his signature. Because of this, his brothers, opposed the
probate of the Will. May the holographic will with all its cancellations and insertions without
authentication, be probated? Support your answer. 5% Kalaw v. Relova
However, when as in this case, the holographic Will in dispute had only one substantial provision, which
was altered by substituting the original heir with another, but which alteration did not carry the requisite
of full authentication by the full signature of the testator, the effect must be that the entire Will is voided
or revoked for the simple reason that nothing remains in the Will after that which could remain valid.
To state that the Will as first written should be given efficacy is to disregard the seeming change of mind
of the testatrix. But that change of mind can neither be given effect because she failed to authenticate it
in the manner required by law by affixing her full signature.
II. Supposing the holographic will contained alterations and insertions as to the properties to be disposed
to different heirs, will your answer be the same as in Problem I? 5%
Only those insertions which do not bear the authentication of the full signature and date on which the
alterations were written will be deemed not written at all. But the will will be valid.
III. X summoned his three friends A, B, & C to his bedroom together with X’s lawyer in order to make a
will. While the three friends were in X’s room, the television was opened and C’s attention was glued
to a NBA game. So engrossed was he that he did not notice the signing by X of his own will. Has the
making of the will complied with the formalities attendant in the making of a will? 5%Yes the will is
valid. "The true test of presence of the testator and the witnesses in the execution of a will is not
whether they actually saw each other sign, but whether they might have been seen each other sign, had
they chosen to do so, considering their mental and physical condition and position with relation to
each other at the moment of inscription of each signature."
IV. Paul, a bachelor, executed a notarial will giving all his estate to his sweetheart Jenny. The notarial will
was executed strictly under Arts. 805 & 806. However, they broke up and he again fell in love with
another woman named Angie. He then executed a holographic will expressly revoking the notarial
will and naming Angie as his sole heir. One day, the holographic will accidentally got burned. Paul
died. The contents of the holographic will was known to Angie and another friend, Peter, who testified
on the contents of the holographic will. Both wills were sought to be probated in two separate
petitions in the same court.
Which Will will be admitted to probate? Support your answer. 5%
Only the notarial will will be admitted to probate. This is because in the probate of holographic will,
the document itself or its machine copy must be presented in order to determine its authenticity.
Unfortunately, in the case at bar, the holographic will was burned.
V. A husband and wife made their own holographic wills designating each other as beneficiaries of their
properties. Their respective wills are written on one sheet of paper; the husband’s on the front page
while the wife wrote on the back page. Husband died first. During the probate of the husband’s will,
the same was opposed by his parents on the ground that it was a joint will. If you were the judge,
decide the case. 5% This is not a joint will. What is actually prohibited, therefore, is the execution of a
will in a SINGLE DOCUMENT and by ONE ACT. In the case at bar, there are two wills written on
different instruments.
VI. X, a gay wealthy bachelor made a will and devised all his properties which he may possessed after his
death to his boyfriend. At the time, he made a will, he only had a house and lot in Antipolo. However,
at the time of his death, he had houses and lots in Antipolo, Makati, San Juan and Manila. He also has
condominium units in Quezon City. When his will was probated, his brothers and sisters, who stand to
inherit by intestacy stated that only the property in Antipolo should be covered by the will as that was
his only property at the time he made a will. Are they correct? Support your answer. 5%
The brothers and sisters are not correct. The tenor of the will intends to pass all his properties he
may have acquired, even after the time he made the will, thus… all the properties and real estate will
pass to his boyfriend.
It appears in the will that X intended to devise all his properties to his boyfriend even properties
acquired after the making of the will, otherwise, he would have been clear that he wanted only his
Antipolo property to pass to his boyfriend.
VII. X made a holographic will, entirely written dated and signed by the hand of the testator. Subsequently,
with the consent of the testator, an insertion was made by his secretary. The insertion was signed by X
by his full signature. a) What is the effect of the insertion on the Will of X? 5%
The will is considered VOID because it is not written entirely by the hand of the testator.
VIII. Assume that in Roman numeral VI, the insertion was made without the consent of the testator and
therefore without his signature, what is the effect of this on the holographic will? 5%
The insertions will be considered as not written at all.
IX. What are the basis of the requisites of soundness of mind of the Testator in making a will? 5%
1.Nature of the estate to be disposed- the testator should have a fairly accurate knowledge of what he
owns. Accurate should be understood in the relative sense. The more one owns the less accurate is
one’s knowledge of his estate expected to be. Henry Sy might have a far less accurate picture of his
economic empire than a poverty stricken laborer.
 2. Proper objects of his bounty- under ordinary circumstances, the testator should know his relatives in the
proximate degrees. As the degree of relationship goes further, it is less likely that he knows them.
3.Character of the testamentary act- it is not required, in order for this requisite to be present, that the testator
know the legal nature of a will with the erudition of a civilest. All that he need know is that the document he is
executing is one that disposes of his property upon death.

3. State (verbatim) Arts. 805 & 806. 10%

4. MCQ’s 20%
01. The requisites of succession are as follows, except:
a) Death of decedent
b) Transmissible estate
c) Existence and capacity of successor, designated by decedent or law
d) Payment of Taxes
02. The characteristics of succession are as follows, except:
a) It is a legal contract.
b) Only property, rights and obligations to the extent of the value of the inheritance are transmitted.
c) The transmission takes place only at the time of death.
d) The transmission takes place either by will or by operation of law.
03. The following rights are extinguished by death, except:
a) Legal support
b) Parental authority
c) Right to inherit
d) Agency
04. The attestation clause contains the following, except:
a) the number of pages used;
b) that the testator signed or caused another to sign the will and every page thereof in the presence of the
instrumental witnesses;
c) notary public;
d) the instrumental witnesses witnessed and signed the will and all the pages thereof in the presence of the
testator and one another.
05. The following are the formalities required in the execution of holographic will, except:
a) Entirely written;
b) Dated;
c) Signed by testator himself
d) Notarized by a notary public.

06. Birth determines personality. Death extinguishes it. Under what circumstances may the personality of a
deceased person continue to exist?
a) In case of re-appearance of a missing person presumed dead.
b) In protecting the works of a deceased under intellectual property laws
c) In case of declaration of presumptive death of a missing spouse
d) In the settlement of the estate of a deceased person
07. The testator executed a will following the formalities required by the law on succession without designating any
heir. The only testamentary disposition in the will is the recognition of the testator’s illegitimate child with a
popular actress.. Is the will valid?
a). Yes, since in recognizing his illegitimate child, the testator has made him his heir
b). No, because the non-delegation of heirs defeats the purpose of a will
c). No, the will comes to life only when the proper heirs are instituted.
d). Yes, the recognition of an illegitimate heir is an ample reason for a will.
08. Ric and Josie, Filipinos, have been sweethearts for 5 years. While working in a European country where the
execution of joint wills are allowed, the two of them executed a joint holographic will where they named each other
as sole heir of the other in case either of them dies. Unfortunately, Ric died a year later. Can Josie have the joint will
successfully probated in the Philippines?
(A) Yes, in the highest interest of comity of nations and to honor the wishes of the deceased.
(B) No, since Philippine law prohibits the execution of joint wills and such law is binding on Ric
and Josie even abroad.
(C) Yes, since they executed their joint will out of mutual love and care, values that the generally
accepted principles of international law accepts.
(D) Yes, since it is valid in the country where it was executed, applying the principle of "lex loci
celebrationis."
09. An Australian living in the Philippines acquired shares of stock worth P10 million in food manufacturing
companies. He died in Manila, leaving a legal wife and a child in Australia and a live-in partner with whom he had
two children in Manila. He also left a will, done according to Philippine laws, leaving all his properties to his live-in
partner and their children. What law will govern the validity of the disposition in the will?
(A) Australia law since his legal wife and legitimate child are Australians and domiciled in
Australia.
(B) Australian law since the intrinsic validity of the provisions of a will is governed by the
decedent’s national law.
(C) Philippine law since the decedent died in Manila and he executed his will according to such
law.
(D) Philippine law since the decedent’s properties are in the Philippines.
10. Pepito executed a will that he and 3 attesting witnesses signed following the formalities of law, except that the
Notary Public failed to come. Two days later, the Notary Public notarized the will in his law office where all
signatories to the will acknowledged that the testator signed the will in the presence of the witnesses and that the
latter themselves signed the will in the presence of the testator and of one another. Was the will validly notarized?
(A) No, since it was not notarized on the occasion when the signatories affixed their signatures on
the will.
(B) Yes, since the Notary Public has to be present only when the signatories acknowledged the
acts required of them in relation to the will.
(C) Yes, but the defect in the mere notarization of the will is not fatal to its execution.
(D) No, since the notary public did not require the signatories to sign their respective attestations
again.
XII. a. Filipino citizen makes a will in the Philippines and is an OFW in Rome, where he
revokes a will, what law will govern the revocation? 3%Philippine Law Art. 829
b. German citizen makes a will in Germany, comes to the Philippines and revokes
his will herein, what law will govern the revocation? 3%Philippine Law
c. Filipino by birth but grew up in the States came for a visit in the Philippines
makes a will in the Philippines but once he came back to the United States,
revokes his will in the Philippines, what law will govern his revocation? 3% Since
testator is not domiciled in the Philippines, law of the place where he is domiciled
or in accordance with the laws of the place where the will was made.
d. Korean made a will while studying in the Philippines and when he came back to
his country, revokes a will, what law will govern the revocation? 3% Since
testator is not domiciled in the Philippines, law of the place where he is domiciled
or in accordance with the laws of the place where the will was made.
e. Korean made a will in Korea and studies in the Philippines and herein revokes his
will, what law will govern? 3%Philippine Law
XIII. Testator made a will in 1988 instituting his wife as sole heir. In 2010 he made another will expressly
revoking the 1988 will but again instituting his wife as sole heir. Testator died in 2018 and during the
probate of the 2010 will, which was opposed by the nephews and nieces of the testator, this 2010 will
was not admitted to probate because it did not conform with the formalities prescribed in the making of
the will. The widow then presented the 1988 will, which was again opposed by the oppositors on the
ground that this will was expressly revoked by the 2010 will. If you are the judge, how will you
resolve this case?
Doctrine of Dependent Relative Revocation—
Molo vs. Molo, (1951): The rule that where the act of destruction is connected with the making of
another will so as to fairly raise the inference that the testator meant the revocation of the old to
depend upon the efficacy of the new disposition intended to be substituted, the revocation will be
conditional and dependent upon the efficacy of the new disposition; and if for any reason, the new
will intended to be made as a substitute is inoperative, the revocation fails and the original will
remain in full force.

I. A. Doctrine of Presumed Revocation--- This is enunciated in the case of Gago vs.

Mamuyac … which states that when the will was last found to be in the possession of
the testator and the same can no longer be found, despite diligent search, the will will
be considered revoked.
B. Doctrine of Dependent Relative Revocation--- This is an exception to Art. 832
which states… A revocation made in a subsequent will shall take EFFECT, even if
the new will shall become INOPERATIVE by reason of the incapacity of the heirs,
devisees or legatees designated therein by their renunciation.
However, if the revocation clause contained in the second will did not become
operative BY REASON OF THE FACT THAT THE SECOND WILL DID FAILE
TO COMPLY WITH THE REQUISITES under Arts. 805 & 806, hence it was not
admitted to probate or where the testator has not sufficient mental capacity to make a
will or the will was procured through undue influence, or the like; in other words,
where the second will is really no will, it does not revoke the first will Hence, in this
case, the first will is not revoked.