REYNALDO B.

MASECAMPO III JUDGE MYRNA CEMENS

JD – 2nd year Succession Law

1. Estate of W= 1Million Heirs: A and B siblings of W C and D children of Y, a sister of W

who predeceased W Distribute the estate & cite the law/s applicable?

According to Articles 978 to 983 of New Civil Code of the Philippines, the
estate is first distributed to the direct descendants, and in their absence, to the
collateral relatives such as siblings, nephews, and nieces.
In this case, W has no surviving spouse, descendants, or ascendants. A and B
are siblings of W. C and D are children of Y, a sister of W who predeceased W.
The estate of W, worth 1 Million, would be distributed as follows:
A and B, being the siblings of W, are entitled to the estate by intestate
succession. C and D, being the children of Y (a predeceased sibling of W), would
inherit by right of representation. The distribution would typically be equal among
the siblings and the children of the predeceased sibling, unless there is a law or
provision that specifies otherwise. Therefore, A and B would each receive a portion,
and C and D would collectively receive the portion that would have been given to
their mother Y if she were alive.

Total Estate: 1,000,000

Share of A: 1/3 × 1,000,000 = 333,333.33
Share of B: 1/3 × 1,000,000 = 333,333.33
Share of C and D (together): 1/3 × 1,000,000 = 333,333.33

C and D would then split their mother Y’s share equally:

Share of C: ½ × 333,333.33 = 166,666.67

Share of D: ½ × 333,333.33 = 166,666.67

2. Estate of W= 1 Million Heirs: A and B nephews of W C, D and E nieces of W Distribute

the estate and cite applicable law/laws?

According to Article 1001 of New Civil Code if the Philippines, when the
deceased is survived by collateral relatives such as nephews and nieces, and no
descendants, ascendants, illegitimate children, or a surviving spouse are left, the
estate will be divided equally among them.

In this case, W’s estate is worth 1 Million, A and B are nephews of W, C, D,

and E are nieces of W.

The estate would be divided equally among A, B, C, D, and E, as they are all
at the same degree of kinship to the deceased (W). Each would receive an equal
share of the estate.

The distribution would be as follows:

Total Estate: 1,000,000

Number of Heirs: 5 (A, B, C, D, and E)

 Share per Heir: 1,000,000/5 = 200,000

Therefore, A, B, C, D, and E would each receive 200,000 from the estate of

W.

3. Estate of W= 1 Million Heirs: A, B and C legitimate children(first marriage) D,

legitimate child (2nd marriage)?

According to Articles 979 and 980 of New Civil Code of the Philippines,
legitimate children and their descendants succeed the parents without distinction as
to sex or age, and even if they should come from different marriages. All legitimate
children are entitled to an equal share of the estate.

In this case, W’s estate is worth 1 Million, A, B, and C are legitimate children
from the first marriage, D is a legitimate child from the second marriage.

The estate would be divided equally among all legitimate children, regardless
of the marriage they come from. Therefore, A, B, C, and D would each receive an
equal share of the estate.

The distribution would be as follows:

Total Estate: 1,000,000

Number of Heirs: 4 (A, B, C, and D)

Share per Heir: 1,000,000/4 = 250,000

So, A, B, C, and D would each receive 250,000 from the estate of W.

4. Estate of W= 1 Million Heirs: A and B legitimate sons C, legitimate son of D who

predeceased W E, illegitimate child of D who predeceased W?

According to Article 983 of New Civil Code of the Philippines, if illegitimate

children survive with legitimate children, the shares of the former shall be in the
proportions prescribed by Article 895. Article 895 states that the share of each
illegitimate child is half that of a legitimate child.

In this case, W’s estate is worth 1 Million. A and B are legitimate sons of W,
C is a legitimate son of D, who predeceased W, E is an illegitimate child of D, who
predeceased W. The estate would be divided as follows: A and B, being legitimate
sons, will receive equal shares; C, being a legitimate son of a predeceased legitimate
son (D), will inherit by right of representation; E, being an illegitimate child, will
receive half the share of what a legitimate child would receive.

The distribution would be:

Total Estate: 1,000,000

Share of A: 1/3 × 1,000,000 = 333,333.33

Share of B: 1/3 × 1,000,000 = 333,333.33

Share of C and E (together): 1/3 × 1,000,000 = 333,333.33

 Since E is an illegitimate child, E’s share will be half of C’s.
Therefore, if C’s share is represented as X, then E’s share will be ½ X

. Thus, C’s and E’s shares:

Share of C: X
Share of E: ½X

Given that C’s and E’s combined share is 333,333.33

The equation: X + 1/2X = 333,333.33

Solving for X: 2/3 X = 333,333.33

X = 2/3 × 333,333.33

X = 222,222.22

Therefore:

Share of C: 222,222.22

Share of E: ½ × 222,222.22 = 111,111.11

So, A and B would each receive 333,333.33

C would receive 222,222.22

and E would receive 111,111.11

5. Estate of W= 1 Million Heirs: A and B leg. sons of W D and E illeg sons of W?

According to Article 983 of New Civil Code of the Philippines, if illegitimate

children survive with legitimate children, the shares of the former shall be in the
proportions prescribed by Article 895. Article 895 states that the share of each
illegitimate child is half that of a legitimate child.

In this case, W’s estate is worth 1 Million, A and B are legitimate sons of W,
D and E are illegitimate sons of W. The estate would be divided as follows: A and B,
being legitimate sons, will receive equal shares; D and E, being illegitimate sons, will
each receive half the share of a legitimate child.

The distribution would be:

Total Estate: 1,000,000

Share of A: ½ × ½ × 1,000,000 = 250,000

Share of B: ½ × ½ × 1,000,000 = 250,000

Share of D: ¼ × 1,000,000 = 125,000

Share of E: ¼ × 1,000,000 = 125,000

 So, A and B would each receive 250,000, while D and E would each receive
125,000.

6. Give the instances when the principle of Right of Representation is applicable?

The following instances where the principle of Right of Representation is

applicable are; (1) When a legal heir in the direct descending line had predeceased
the decedent and was survived by his children or descendants; (2) When a legal heir
in the direct descending line is excluded from the inheritance due to incapacity or
unworthiness and he has children or descendants; (3) when brothers or sisters had
predeceased the decedent and they had children or descendants; (4) when
illegitimate children represent their deceased illegitimate parents in the estate of
their grandparents; (5) when nephews and nieces inherit together with their uncles
and aunts in representation of their deceased parents who are brothers or sisters of
said uncles and aunts.

7. Estate of W= 1M Heirs: A, B, C and D all illeg children of W Distribute the estate & cite
the law/s applicable?

According to Articles 895 and 983 of New Civil Code of the Philippines, an
illegitimate child is entitled to receive one-half (1/2) of the share of a legitimate child.
In this case, since there are no legitimate children in given facts, the estate will be
divided equally among the illegitimate children.
If the decedent, W, is survived only by illegitimate children, then the estate is
divided equally among them,

The distribution would be as follows:

Total Estate: 1,000,000

Number of Heirs: 4 (A, B, C, and D)

Share per Heir: 41,000,000 = 250,000

Therefore, A, B, C, and D would each receive 250,000 from the estate of W.

8. Estate of W= 900k A, B and C illeg children D illeg child of E who pre- deceased W?

According to Article 982 of New Civil Code of the Philippines, the

grandchildren and other descendants shall inherit by right of representation, and if
any one of them should have died, leaving several heirs, the portion pertaining to
him shall be divided among the latter in equal portions. Furthermore, Article 983
specifies that if illegitimate children survive with legitimate children, the shares of
the former shall be in the proportions prescribed by Article 895, which states that
the share of each illegitimate child is half that of a legitimate child.

In this case, W’s estate is worth 900k, A, B, and C are illegitimate children of
W, D is an illegitimate child of E, who predeceased W. The estate would be divided
as follows: A, B, and C, being illegitimate children of W, will receive equal shares;
D, being an illegitimate child of a predeceased illegitimate child (E), will inherit by
right of representation.
 The distribution would be:

Total Estate: 900,000

Share of A: ¼ × 900,000 = 225,000

Share of B: ¼ × 900,000 = 225,000

Share of C: ¼ × 900,000 = 225,000

Share of D: ¼ × 900,000 = 225,000

So, A, B, and C would each receive 225,000, and D would also receive
225,000 by right of representation, taking the place of E.

9. Estate of W= 1M Heirs: A and B full sisters of W C and D half-brothers of W?

According to Article 1006 of New Civil Code of the Philippines, when the
deceased is survived by full blood and half-blood siblings, the inheritance shall be
divided in such a way that one full blood sibling receives a share equal to that of two
half-blood siblings.

In this case, W’s estate is worth 1 Million, A and B are full sisters of W, C
and D are half-brothers of W. The estate would be divided as follows: The full
sisters (A and B) will each receive a share double that of each half-brother (C and
D).Since there are two full sisters and two half-brothers, the estate will be divided
into six equal parts.

The distribution would be:

Total Estate: 1,000,000

Number of Parts: 6 (A, B, C, and D, with A and B receiving double

shares)

Share per Part: 1,000,000/6 = 166,666.67

Therefore:

Share of A: 2 × 166,666.67 = 333,333.34

Share of B: 2 × 166,666.67 = 333,333.34

Share of C: 166,666.67

Share of D: 166,666.67

So, A and B would each receive approximately 333,333.34, while C and D

would each receive approximately 166,666.67

10. A has a legitimate child B, and an illegitimate child C. B has a legitimate child D and an
illegitimate child E. C has a legitimate child F and an illegitimate child G. Problem: If B
and C predecease A and the surviving are the 4 grandchildren, will they inherit intestate
 from A. State your reasons by citing applicable law/s or jurisprudence. If B and C
predecease A, and surviving are the 4 grandchildren?

11. A has a legitimate child B, and an illegitimate child C. If B dies survived by nobody
except C, will C inherit intestate from B?

12. Estate= 1M Heir: Surviving Spouse only?

13. Estate of W = 1 M Heirs: Surviving spouse 2 leg. sisters of W?

14. Estate of W= 1 M Heirs: Surviving Spouse 1 leg sister 2 nieces of A leg brother of W
who prdeceased W?

15.