1. A. Yes, a widow or widower is a compulsory heir. Under Art.
887 of the
Civil Code, widow or widower is one of the enumerated compulsory heirs,
regardless of existence of a legitimate or illegitimate child.
B. No. Under Art. 887 of the Civil Code, a surviving spouse is only a
compulsory heir of his or her spouse and his or her legitimate or illegitimate
children.
2. A. No. Under the Family Code and Civil Code, the presence of the
adopted children will not exclude the legitimate parents or ascendants of
the adopter. Art. 887 of the Civil Code only provides for the existence of a
legitimate children or descendants for the exclusion of the legitimate
parents or ascendants. It is also in contemplation of the rule that the
adopted will only have paternity and maternity rights over his or her
adopters but not with the extent of the right of presentation to the
legitimate parents or ascendants of the adopter.
B. Illegitimate parents are classified as a secondary compulsory heir. Under
the Civil Code, Illegitimate parents cannot inherit from their illegitimate
child if they concur with children or desendants of the latter, whether
legitimate or illegitimate.
3. A. W, as the surviving spouse of H, will have the legitime of 1/2 of the
estate of the decedent H, his spouse. Under the Civil Code, if the surviving
spouse is the only compulsory heir of the decedent, the surviving spouse
will be entitled to 1/2 of the hereditary estate of the decedent.
B. W will have the legitime of 1/3 of the hereditary estate of the decedent
H. Under the Civil Code, if the widow is the only surviving compulsory heir
of the decedent and their marriage were celebrated by articulo mortis and
the spouse died within 3 months from the celebration of the marriage, the
surviving spouse will be entitiled to 1/3 of the hereditary estate of the
decedent. In the case at bar, H died 1 day after the celebration of the
marriage.
4. Under the Civil Code, the legitimate children is entitled to 1/2 of the
hereditary estate of the decedent. Thus, the legitime of the legitimate
children would be 600B, or 300B each. His wife, W, will be entitled to equal
of the legitime of 1 legitimate children, thus she will be entitled to 300B. His
illegitimate children will be entitled to 66,666,666,666.667 each. Under the
law, the legitime of an illegitimate children would be half of the legitime of
each legitimate children. However, there only remained 400B as disposable
free portion on X's estate. Thus, the remaining free portion of 400B will be
distributed equally to the illegitimate children.
5. a.) Yes. A will inherit from B. Under the Civil Code, the presence of an
illegitimate children or descendant does not exclude an illegitimate parent
or descendant as compulsory heir of the testator. Hence, even in the
presence of B's illegitimate child upon his death, his illegitimate parent, A,
will still inherit.
b.) No. A cannot inherit from C. Under the Civil Code, an illegitimate
person's compulsory heir comprise only of his legitimate or illegitimate
children or descendant, in default of legitimate children or descendant, the
natural parents, and surviving spouse. In the case at bar, C is an illegitimate
child of B, A's son. Thus, there can be no right of representation.
6. a.) If I died intestate, then the law on intestate succession will govern I's
estate. Thus, assuming that RT is a compulsory heir, the law on intestate
succession will determine the property subject to RT.
b.) If I died with a will, 1/2 of his estate will pass on to his compulsory heir.
Assuming that RT is a legitimate children of I, then he will be entitiled to 1/2
of the hereditary estate of I or 5M.
7. Yes. Under a jurisprudence, a Reservatorio can alienate his expectation to
the property. The right of the reservatorio to alienate is subject to the
condition that he can only alienate that which he has and nothing more. It is
subject to a recovable title to the reservable property. Thus, the rights
acquired by a transferee can be revoked if the reservatorio predeceased the
reservista.
8. The legitimate children will be entitled to 1/2 of the hereditary estate of
the decedent or 30T, thus, 10T each for A and B, and the 2 grandchildren,
by right of representation to C, X's legitimate child will be entitled equally to
C's share of 10T or 5T each. W, his widow, will be entitled to 10T or equal to
the legitime share of each legitimate children.
