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Succession QuAMTO

Shari'ah Law (Western Mindanao State University)

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
____________________________________ 2. The successor must be alive at the time
TITLE I of the death of the decedent; and
GENERAL PROVISIONS 3. The successor must not be disqualified
to inherit.
SUCCESSION
(1987, 1993, 1995, 2014, 2006, 2022)
Q: Distinguish essential elements of
Q: Define Succession. inheritance (arkhanuli-mirath) and
essential conditions or requisites of
A: Succession is a mode of acquisition by inheritance (shurut al mirath).
virtue of which the estate of a person is
transmitted to his heirs or others in A: The distinction between the two concepts
accordance with this Code, PD1083. is that, in the absence of one of the three
essential elements: 1) decedent, 2) heirs, and
3) estate. No succession can take place such
ELEMENTS OF SUCCESSION (1991, that: without a decedent no successional
1993, 1995, 1999, 2008, 2014) rights open; without successors or heirs, the
estate is inherited directly by Islam through
Q: What are the essential elements baytul mal; and with the absence of estate,
(rukun) of inheritance and explain each nothing is to be inherited.
briefly?
On the other hand, the shurut or essential
A: The essential elements (rukun) of requisites under Article 91 of PD1083 state
inheritance are the following: the conditions on just two elements:
1. Decedent; there must be a person who decedent and successor; such that the a)
died. death of the decedent should be ascertained
2. Heirs; the decedent must be survived by and that the heir b) should be alive at the
successors or legal heirs time of the death of the decedent and c)
3. Estate; the decedent must have left should not be disqualified to inherit.
properties for inheritance

MODES OF SUCCESSION
REQUISITES OF SUCCESSION (1993, 1995, 2001, 2003)
(1997, 2006, 2008)
Q: What are the different modes of
Q: Enumerate with brief discussion the succession in the light of Presidential
essential requisites (shurut) of Decree No. 1083? Discuss each mode
inheritance. briefly.

A: Article 91 of PD1083 provides that no A: Article 100 of PD1083 states the three
settlement of the estate of a deceased person modes of succession:
shall be effected unless the following 1. By will (wasiya); whereby a person is
essential conditions or requisites (shurut) permitted, with the formalities
concur: prescribed by law, to control the
1. The death of the decedent is ascertained; disposition after his death of not more
than one-third of his estate, if there are

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
heirs, or the whole of it, if there are no spouse and parents; and the companions
heirs or distant kindred. agreed in consensus.
2. By operation of law or legal succession;
when the decedent dies without having
made a will, inheritance will be in DISQUALIFICATIONS OF
SUCCESSION
accordance with the order of succession
(1987, 1993, 1995, 1999, 2001, 2014, 2022)
under Article 99 of PD1083.
3. By combination of both; when the Q: Enumerate the disqualifications to
testator leaves an inofficious will succession.
(wasiya) due to invalidity, or disposition
in excess or short of one third of the A: Under Article 93 of PD1083, the
estate, inheritance will be partly by will following shall be disqualified to succeed:
and partly by operation of the code or 1. those who have intentionally caused
legal succession. directly or indirectly the death of the
decedent;
2. those who have committed any other act
SOURCES OF SUCCESSION which constitutes a ground for
(1995, 2011, 2016, 2022) disqualification to inherit under Islamic
law; and
Q: What are the sources of Islamic 3. those are so situated that they cannot
inheritance laws? Explain each briefly. inherit under Islamic Law.

A: The following are the sources of the

inheritance under Islamic law: INHERITANCE
(1993, 2003)
1. The Holy Qur’an – in which Allah, the
Creator, has ordained exact and specific Q: What does inheritance include under
furud (shares) for inheritance, in Surah the Muslim Code (P.D. 1083)?
An-Nisa verses 7-11 and 176, among
others. A: Under Article 92 of PD1083, inheritance
2. Hadith-accounts on the Prophet includes The all properties of any kind,
Muhammad’s (pbuh) statements, actions, movable or immovable, whether ancestral or
and tacit approvals with regards to acquired either by onerous or gratuitous
inheritance. An example is the saying of title, as well as all transmissible rights and
the Prophet (pbuh) that, no bequest to a obligations at the time of his death and those
sharer or residuary. that accrue thereto before partition.
3. Ijma or consensus of the companions-
that after the death of the Prophet
(pbuh), the companions all agreed on a CAUSES OF INHERITANCE
particular matter in inheritance; one such (2001, 2003)
being the case of umaryatan, wherein
Caliph ‘Umar (RA) decided on the Q: What are the causes of inheritance
distribution of estate in a case where a under Islamic Law? Discuss briefly.
decedent was survived by only the

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
A: There are three causes of inheritance SUCCESSIONAL RIGHTS, WHEN
under Islamic law: VESTED
1. nikah or marriage – such heir by affinity (2001, 2020, Unknown)
that a surviving spouse is entitled to
inherit from the decedent if they were in Q:Explain the rule on the transmission of
a valid marriage at the time of the death successional rights under Islamic law.
of the decedent; State your legal basis.
2. nasab or blood relationship – such that
the sharers and residuaries, and even the A: Article 90 of PD1083 provides that rights
distant kindred are all related to the to succession are transmitted from the
decedent by blood, in the direct or moment of the death of the decedent. The
indirect line, by degree, and whether full right to succession of any heir who
or half-blood; and predeceases the decedent shall not be
3. wala’ or fictitious relationship – where transmitted by right of representation to his
an heir is not related to the decedent by own heirs.
affinity or by blood, but by fiction such
as between a master and a slave he freed;
however, this is not applicable at UNIVERSAL LEGATEE
present. (2011, 2016)
In the absence of the three causes,
Al-Islam inherits through the baytul mal Q: Give the conditions when a legatee
(public treasury). may qualify to inherit from the testator.

A: A legatee is entitled to inherit with the

MIRATH VS TARIKA conditions that:
(1983, 1987, 1993, Unknown) 1. legatee is not a sharer nor a residuary of
the testator;
Q: Explain the difference between 2. legatee must be alive at the time of the
Al-Mirath (net estate) and Tarika (gross making of the will and at the moment of
estate) in the law of inheritance. the death of the testator; and
3. legatee is not disqualified to inherit
A: Al-Mirath (net estate) includes all under Article 93(a), that he musr not
properties of any kind movable or have killed the testator.
immovable whether ancestral or acquired,
either by onerous or gratuitous title as well
as, all transmissible rights and obligations at SUCCESSION BY ILLEGITIMATE
the time of his death and those that accrue CHILD
thereto after deduction of debts, liens, (1983, 1995, 1999, 2006, Unknown, 2022)
charges, and liabilities while Tarika (gross
estate) refers to all properties deceased Q:Explain succession by illegitimate child
owned at the moment of his death, and prior under P.D.1083?
to the deduction of the debts, rights, and
claims attached to it. A: Article 95 of PD1083 provides that, a
child who was the cause of the
mother’shaving been divorced by li’an shall

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
have mutual rights of succession only with Q: Moner is a disavowed child
the mother and her relatives. (walad-ul-lia’an). But before his father
Note:walad-uz-zina=illegitimate child died, the latter retracted his vow and
walad-ul-li’an=disavowed child
recognized him as his son. His father is
survived by a wife, (mother of Moner),
Q: Could a disavowed child father and full brother. The father left as
(walad-a-li’an) inherit from his natural estate worth P60,000.00. In the instant
father after the latter acknowledge him as problem, can Moner inherit from his
his son? father? How about his mother? Distribute
the estate of the decedent. Explain and
A: Yes. A disavowed child can inherit to justify your answer.
from his natural father after the latter
acknowledged him as his a son. Under A: Yes, Moner can inherit from his father
Islamic law, it is called as a direct because his father retracted the vow and
acknowledgement. The acknowledged acknowledged him as son. However, the
person child shall become the a legal heir, mother of Moner cannot inherit from the
(as son or daughter,) of the acknowledger decedent because their marriage was
and shall be entitled to inherit from him as dissolved through li’an, severed their
such in the order of preference of heirs. marriage ties perpetually; similarly severed
are their mutual rights to inherit.

Q: May a walad-ul-zina inherit from his Since the son and father exclude all
natural father? Explain briefly your collateral relatives, only two of them will
answer. inherit in this case; the distribution shall be:
The father is entitled to 1/6 or P10,000; and
A: No. A walad-uz-zina cannot inherit from the acknowledged son to the residue or
his natural father. Walad-uz-zina P50,000.
(illegitimate child) is not similar to
walad-ul-li’an (child by li’an divorce) where
there was an accusation of the father against Q: What is the rule when the father
the mother; walad-uz-zina is rooted in the retracts his charge of adultery against the
illegitimacy of the child wherein the child mother of the disavowed child?
was born out of wedlock or outside of a
legitimate marriage; hence, Article 95 of A: The rule is that a talaq by li’an is
PD1083 provides that such illegitimate child perpetual and irrevocable and severs the
inherits only from the mother and maternal relationship not only between the spouses
relatives. but also between the husband and the child
he imprecated by li’an. In succession, The
rule when the father retracts his charged of
adultery against the mother of the disavowed

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
child is that, there is still no change to the irrevocable and perpetual, notwithstanding
effect that there must be no mutual rights of that Hamza was acknowledged as a son later
inheritance. The effect of the divorce is on. Divorce by li’an severs the ties not only
perpetualunder Article 95 of PD1083, an between the spouses but between the father
illegitimate child, in this case, walad-ul-li’an who repudiated his child by li’an. Article 95
shall have mutual rights of succession only of PD1083 clearly provides that a child who
with the mother and her relatives. was the cause of his mother’s being
divorced by li’an shall only inherit from his
mother and her relatives.
Q: Abdullah is a salesman. He married
Amina. After six months, Amina was In this case, having excluded the full
pregnant. Abdullah suspected Amina to brother, only Abdullah’s father will inherit
be unfaithful to him. He charged Amina the entire estate of P60,000.00.
of having a love affair with her former
boyfriend. Being always away on business
he could not admit that he is the father of SUCCESSION FROM
the child in Amina’s womb. Amina denied ACKNOWLEDGING PERSON
the charges of Abdullah. This resulted to (1983, 1997, 2008)
their divorce by li’an. After nine months
Amina gave birth to a child and was Q: What is the distinction between an
named Hamza. Meantime, Abdullah acknowledged child and an acknowledged
contracted serious illness which caused kinsman in terms of successional rights?
his death. But before he died, he retracted
his vow and recognized Hamza as his son. A: An acknowledged child is a direct public
Abdullah is survived by his son Hamza, acknowledgment from the father who
his wife, Amina, his father Omar and his manifested his acceptance that he is the
full brother Amir. Abdullah left an estate father of the child and thus retracted from
valued at P80,000.00 and debts in the sum his wife the charge of adultery and hence,
of P20, 000.00. such acknowledged child can inherit to from
the father as a legal heir, as son or daughter;
In this problem can Hamza inherit from while, an acknowledged kinsman is an
his father Abdullah? How about his indirect acknowledgement whereas, the
mother? Distribute the estate of child becomes an acknowledged relative that
Abdullah. Explain and justify your even though he is an acknowledged son of a
answer. full brother, he cannot inherit as a residuary
but inherits only in the absence of sharers,
A: No, Hamza cannot inherit from his residuaries, and distant kindred following
deceased father. A divorce by li’an is caused the order succession provided in Article 99
by a child born of adultery. It is such a of PD1083.
serious allegation that divorce by li’an is

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
Q: Abdu Samad died without leaving an hence shall be limited to one-third:
heir. But he left a will bequeathing his P785,000 less two-thirds = P261,666 shall
entire property to a charitable institution be given to the charitable institution.
for the purpose of building a school for
the poor children in his town. His Finally, the inheritance of P523,333 shall be
property is worth Php 900,000.00 with given to the acknowledged son if proven; if
unpaid taxes of Php 40,000.00 and funeral otherwise, to the acknowledged brother; if
expenses amounting to Php 75,000.00. neither was able to prove their claim, then
during the settlement of his estate, two the entire estate shall devolve to the
persons, A and B, appeared before the charitable institution as a universal legatee.
probate court claiming their interest in
the property of Abdu Samad. A claimed
that he is an acknowledged son of Abdu SUCCESSION BETWEEN DIVORCED
PERSONS
Samad, while B claimed that he is the
(1983, 1991, 1997, 1999, 2008, 2011,
acknowledged brother. If you were the Unknown)
Judge, will you allow the claims? How
will you decide the case? Please justify Q: State the rule with respect to
your decision. succession between divorced persons
under Muslim Law or the Muslim Code.
A: Yes, I will allow in the probate
A: Under Article 96 of PD1083,
proceedings the evidence that both A and B
(1) The husband who divorces his wife shall
are claiming. However, if both of them are have mutual rights of inheritance with her
able to prove the acknowledgment, then A, while she is observing her 'idda. After the
as an acknowledged son is entitled to two- expiration of the 'idda, there shall be no
thirds of the net estate after deducting the mutual rights of succession between them;
one-third maximum of the wasiya to the (2) The husband who, while in a condition
of death-illness, divorces his wife shall not
charitable institution. If A was not able to
inherit from her, but she shall have the right
prove his acknowledgement, but B was able to succeed him even after the expiration of
to do so, then B is an acknowledged her 'idda.
kinsman and becomes entitled to the
two-thirds.
Q: A person who is in a state of death
Distribution will be as follows: illness (marad-ul-maut) repudiates (talaq)
his wife. A month after the expiration of
Gross estate of P900,000 charged with taxes
the wife’s ‘Idda, the former husband died.
amounting to P40,000 and P75,000 for A day after the death of the ex-husband,
funeral expenses leaves a net estate of the ex-wife contracted a second marriage.
P785,000. Within six months from the celebration of
the second marriage, the ex-wife gave
The waqf to the charitable institution birth to a son. The estate of the decedent
partakes a testamentary disposition, and is pending settlement before your sala as

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
District Shari’ah Judge. Could the ex-wife inherit from her, but she shall have the right
inherit from the decedent? Explain. to succeed him even after the expiration of
her 'idda.
A: Yes, the ex-wife can inherit from the
decedent. Rights to succession are vested at
the moment of the death of the decedent; in The estate shall be settled as follows:
this case, since the ex-wife was divorced Gross estate P259,000 less debts P19,000
during the marad-ul-maut of the decedent, leaves a net estate of P240,000. Salima is
then she can still inherit even after her idda, entitled to one-fourth or P60,000 if Jamal
notwithstanding that a day after the death of left no child, if otherwise, Salima is entitled
the decedent, she contracted a subsequent to one-eighth or P30,000. The residue shall
marriage (Needs verification).
be distributed among the legal heirs in the
proper order of succession.
Q: In the preceding problem, suppose it
was the wife who died during the
pendency of her ‘Idda, could the PRESUMPTIVE DEATH IN RELATION
surviving husband inherit from her TO SUCCESSION
estate? Explain. (1983, 1997, 2008, 2022)

A: No, the husband could not inherit to from Q: Abdulmajid is an enlisted man in the
the wife even if she died during her idda, Armed Forces of the Philippines. He was
because under Article 96(2) of PD1083, stationed in Jolo in 1974 at the height of
when a husband in his death-illness divorces the civil uprising in the area. He has a son
his wife shall not inherit from her and the who is working in Saudi Arabia. Since
loss of such successional right is immediate. then, nothing has been heard of the
whereabouts of Abdulmajid. His son is his
only heir. He learned of the disappearance
Q: Jamal is married to Salima. While of his father when he returned home last
Jamal was in a state of death-illness month (November 1983). The son could
(Marad-ul- Maut), he divorced his wife not ascertain whether his father is dead
Salima. Jamal later died of his illness or still alive. His father has a large tract
while Salima was still observing her idda. of land in Kiamba, South Cotabato. As
He left an estate worth P259,000.00 and his counsel, what advice would you give
debts in the amount of P19,000.00. Settle the son? Explain by stating applicable
the estate of Jamal. Suppose that Jamal rules on inheritance under Islamic Law of
died after the expiration of the idda of the Muslim Code.
wife Salima. Will she still be entitled to
inherit? Explain and justify your answer. A: As a counsel, I will advise him to file for
a petition for assumption of death before the
A: Salima is still entitled to inherit from Shariah District Court for issuance of a
Jamal even if Jamal died after the expiration death certificate. Under Article 98 of
PD1083 and Articles 390-391 of the New
of Salma’s ‘idda, as provided under Article
Civil Code in suppletory manner, a person
96(2), the husband who, while in a condition may be presumed dead for purposes of
of death-illness, divorces his wife shall not succession after the absence of ten years in

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
ordinary cases; in extraordinary divided equally or P200.000 divided by two
circumstances, such as that of Abdulmajid, is P100,000 each daughter; and the father is
the lapse of only four years allows the heirs entitled to one-sixth plus the residue or
to file for presumption of death. Upon P62,500.
decree of presumptive death by the Court,
the rights to succession retroacts to 1974
during the height of the civil uprising from ORDER OF SUCCESSION
when Abdulmajid disappeared. (1993, 1995, 2001, 2003, 2014)

Q: State the order of succession under the

Q: Nasser went abroad and illegally
crossed into Iraq thinking he will earn Presidential Decree No. 1083. Discuss
more working in the American military each briefly.
base in Baghdad. Unfortunately, Nasser
was declared missing at the height of the A: The order of succession under PD1083 is
war in Iraq. There was no information provided under Article 99 who will inherit
whether he died or was taken captive. in the following fixed order:
Five years passed and still his wife is
1. Sharers (ashab-ul-furud) shall be entitled
received no information about his
whereabouts. The American government to fixed shares subject to the rules of
provided compensation in dollars exclusion;
equivalent to Php 300,000.00. A petition 2. Residuaries (ashab-ul mirath) shall be
was filed by his wife before the Shari’ah entitled to the residue subject to the rules
court to declare Nasser dead for the of exclusion;
purpose of settling his estate. 3. In the absence of the foregoing, the
distant kindred (dhaw-ul-arham) who are
His heirs include the following; his wife,
two (2) daughters, two (2) full brothers, blood relatives but are neither sharers
two(2) full sisters and a sickly father. nor residuaries; and
4. In default of the above, the
A: Upon Court decree, Nasser may be acknowledged kinsman, universal
presumed dead for purposes of opening the legatee, or the public treasury
succession as provided in PD1083 and the
(bait-ul-mal), in that order.
New Civil Code in suppletory application
that in extraordinary circumstances such as
war, only four years need to lapse for heirs
to file before competent court for
presumptive death.

In this case, only Nasser’s wife, two

daughters, and sickly father can inherit
because the father excludes collateral
relatives; hence:

The wife is entitled to one-eighth or

P37,500; the two daughters to two-thirds

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
____________________________________ Q: Is the bequest by operation of law
TITLE II enshrined in Presidential Decree No.
TESTAMENTARY SUCCESSION 1083, an innovation of Islamic Law?
Discuss fully your answer.

BEQUEST BY OPERATION OF LAW A: Yes, Article 107 of PD1083 is an

(1983, 1991, 1993, 1995, 1997, 2003, 2014, innovation of two Shariah rules on
2016, Unknown) Succession:

Q: Briefly state what are the provisions First, the inheritance of a non-Muslim parent
on the Code of Muslim Personal Laws or spouse, because based on an authentic
which ensure the right of a non-Muslim Bukhari hadith, the Prophet (pbuh) said that,
spouse to receive a bequest (wasiyyah) by a non-Muslim shall not inherit from
operation of law? Muslims, nor shall a Muslim inherit from a
non-Muslim. The bequest provided under
A: PD1083 ensures the right of a Article 107 was conceptualized during the
non-Muslim spouse to receive a bequest framing of said law in the 1970s and the
even if the decedent husband died intestate framers considered that although the
through Article 107 which provides that the Muslims are a minority in a
parent or spouse, who is otherwise Christian-majority Philippines, they were
disqualified to inherit in view of Article gaining traction with da’wah, that resulted in
93(c), because she is non-Muslim, shall still revert (Balik-Islam) Muslims who would die
be entitled to one-third (1/3) of what she leaving behind Christian parents or had
would have received without such married wives who remained Christians. It
disqualification. was in consideration of humanity, equity,
and compassion that such heirs, shall inherit
despite their disqualification on
Q: When does bequest by operation of ikhtilaf-ud-din. It is to be emphasized that
law take place? non-Muslim descendants are not included in
the provision, which echoes the thought that
A: Bequest by operation of law under said bequest was included in consideration
PD1083 occurs in two situations: when a of balik-Islam Filipinos who had deep
Muslim decedent was not able to leave any reverence to their parents and intimate
inheritance through will or wasiya to his 1) connection with their wives that could not
non-Muslim parent or spouse; nor to the 2) be simply severed.
children of his predeceased son. Such heirs
are still entitled to inherit: one-third (1/3) of The second innovation is on the right of
the supposed share that the parent or spouse representation by children of a predeceased
could have inherited if they were Muslim; son. Under Shari’ah, an heir should be alive
and the children of the predeceased son are at the time of the death of the decedent;
entitled to one-third (1/3) of the supposed contrarily, Article 107, bearing semblance to
share of the son had he been alive at the the right of representation under the Civil
moment of the death of the decedent. Code, entitles the grandchildren of the
decedent if their father died ahead of the
decedent. It is to be noted, however, that the
provision includes a predeceased son only,

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
and not a daughter, which entails that such Q: May an apostate (murtad) inherit
grandchildren bear the surname of their from the deceased Muslim relatives?
father—a son, the strongest residuary—of If so, in what instance? Discuss briefly
the decedent. your answer.

A: No, an apostate (murtad) cannot inherit

Q: State the rule adopted in the Muslim from a Muslim decedent based on an
Code in making provisions for the authentic hadith that a non-Muslim cannot
successional rights of a non-Muslim inherit from a Muslim, and under Article
spouse, parent or descendant. Illustrate 93(b) an apostate is clearly disqualified to
or give an example. inherit. Article 107 applies only to
non-Muslim parents and wife; and does not
A: The rule on succession by non-Muslims entitle those who adamantly left the fold
under Article 107 of PD1083, applies only Islam.
to non-Muslim parents or spouse; and
grandchild, despite their father heaving
predeceased the decedent and they Q: Abu married in accordance with
themselves excluded by nearer heirs, may Muslim rites and practices. Later on, he
also inherit. The rule provided by PD1083 as married Susan, a Christian who was
to the value of their inheritance is one-third never converted to Islam. Abu died. At
of their supposed share if they were the time of his death, he left some
Muslims or that what their father would property and was survived by his two (2)
have inherited had he been alive. To wives, and a son and daughters. a) May
illustrate: Susan, the Christian wife, inherit? Why?

1. A Muslim husband dies leaving behind a A: Yes. Under Article 107 of PD1083, Susan
wife, seven sons, and a non-Muslim can inherit from Abu by operation of the law
mother. The supposed share of the which substantially provides that, should the
mother is 1/6, but since she is testator dies without having made a bequest
non-Muslim, although islamically she is in favor of his spouse, who is otherwise
not entitled to any share, she shall inherit disqualified to inherit in view of Article
1/3 of her supposed share which is 1/18. 93(c) on disqualification of a non-Muslim,
2. Suppose that the wife was non-Muslim, shall be entitled to one-third (1/3) of what he
and then she is entitled to 1/3 of her or she would have received without such
supposed share of 1/8, that instead of disqualification.
inheriting nothing, she inherits 1/24.
3. 3. Suppose that only the wife and six
sons survive (of the seven original sons) WILL
the decedent and the predeceased son (1987, 1993, 1995, 1997, 2003)
himself had children, then his children
shall inherit 1/3 of his supposed share in Q: Define Will.
this case, 1/8, hence his children are
entitled to 1/24 divided unthayayin A: Article 101 of PD1083 states that a will
among them. is a declaration where by a person is
permitted, with the formalities prescribed by
law, to control the disposition after his death

10

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
of nor more than one-third of his estate, if 3) It must be made in a manner and form
there are heirs or the whole of it, if there are which sufficiently and clearly show the
no heirs or distant kindred. intention of the testator regarding his
desire to bequeath by will;
4) The testator at the time of making the
ELEMENTS OF A WILL will must have properties over which he
(1983, 1995, 1999, 2008) can exercise control; and
5) It must be made in the presence of at
Q: Give the essential elements (arkhan) least two competent, credible and
and requisites (shurut) of wasiya disinterested witnesses
(will/bequest) under Islamic law.
The requisites of wasiya under Islamic law
A: The essential elements (arkan) of a are as follows:
wasiyya are the: 1. Offer of the testator
a) musi or testator – a Muslim who was 2. Acceptance of the legatee
able to leave a will before he died; 3. It shall take effect after the death of
b) musa lahu or legatee or devisee – testator
persons named in the wasiyya to receive
personal or real property; and
c) wasiyya – or the dispositions indicating TESTAMENTARY WAQF
the specific bequests and to whom (1987, 1993, 1995, 2003)

The essential requisites (shurut) are: Q: Define Testamentary waqf

a) the musi shall be clearly identified and (waqf-bil-wasiya).
competent to make a wasiyya – he shall
be of sound mind and aql baligh A: Testamentary waqf is an endowment for
(discerning); Islamic purposes written in the wasiya and
b) the musa lahu or legatees or devisees are takes effect only after the death of the donor
not disqualified to inherit; and (waqf-bil-wasiya); such waqf partakes of the
c) the dispositions in the wasiyya shall not nature of a testamentary disposition.
exceed the disposable one-third; if it so
exceeds, then the wasiyya is only
partially invalid as to the excess WASIYA VS. WAQF
(1997, 2022)

The essential elements (rukn) of a will Q: Give the distinction between wasiya
(wasiya) are as follows: (will) and waqf (endowment) and their
similarities, if any.
1) The testator must be legally competent
being of major age, of sound and A: The distinction between wasiyah
disposing mind and is not expressly (will/bequest) and waqf (charitable
prohibited under the Muslim Law to endowment) are:
make a will; i. A wasiyah is a will, a written
2) It must be made freely and voluntarily voluntary disposition of a property by
and not in jest or under compulsion, a person known as musi
threat, duress or intimidation; (legator/testator) in favor of a legatee

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Special Shari’a Bar Exam - SUCCESSION (1987-2022)
or legatees (musa lahu) to an extent of two competent adult Muslim male
one-third of his estate and to take witnesses.
effect only after the death of the 2. Written will personally written by the
testator/legator. The person to testator himself, or by another under his
einforce and execute the wasiya is personal, supervision and control, done
called the wasi (eExecutor). in a manner that shows clearly the
ii. A waqf is a donation for Islamic or intention of the testator to execute it, in
charitable purpose for the benefit of the presence of at least two competent,
the ummah or society in general. It credible and disinterested adult male
takes effect either during the lifetime witnesses.
of the dedicator (waqif). 3. Holographic will, the term holographic
iii. If the waqf is created with the will is described in the following
condition that it shall take effect after provision of the Civil Code, in
the death of the waqif, it is called suppletory mannerlaw to the Muslim
waqf-bil-wasiya (testamentary waqf) code, as follows: a holographic will
and partakes the nature of a which must be entirely written, dated
testamentary disposition or wasiya and signed by the hand of the testator
and is subject to the same conditions himself. It is subject to no other form,
of the disposable one third limitation and be made in or out of the Philippines
and ratification by the heirs if in and need not be witnessed”. However,
excess thereof. (See Art. 106, under PD1083, holographic will
PD1083). prepared by a Muslim requires that it be
iv. A wasiya and waqf-bil-wasiya are hand-written in the presence of at least
both donations, except for the purpose two competent, credible, and
of donation. In waqf, charitable disinterested adult male witnesses.
purpose is always presumed.
v. Both require an executor or
administrator, known as Wasi in PROBATION OF WILL
Wasiya and Mutawalli (manager) in (2003, 2006)
waqf.
Q: What is meant by the probate of will?
Explain.
KINDS OF WILL
(1995, 2008) A: Probate of will is the process of probing
into the will, hence “probate”; the process of
Q: What are three (3) kinds of wasiya looking into the validity of a will. Probate of
under the Code of Muslim Personal Laws will is a proper action to be filed before the
of the Philippines? Please discuss each Shari’ah District Court should there be
briefly. contentions against the will.

A: The three kinds of will (wasiya) under

PD 1083 are:
1. Oral or nuncupative will, one orally
made by the testator in a manner that
shows clearly the intention of the testator
to execute it in the presence of at least

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
FORMALITIES
(2006, 2016, 2022)

Q: What are the formalities which are

required for the execution of a written
will (wasiya)?

A: Under Article 102 of PD1083 provides

the formalities required in executing a will:
1) that making of a will is strictly a personal
act; it cannot be left in whole or in part to
the discretion of a third person or
accomplished through the instrumentality of
an agent; and 2) A will may be declared
orally or in writing in a manner that shows
clearly the intention of the testator to
execute it in the presence of a least two
competent, credible and disinterested
witnesses.

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Special Shari’a Bar Exam - SUCCESSION (1987-2022)
____________________________________ Q: Hassan died. His mother Habiba and
TITLE III two (2) full sisters survive him. Mariam
LEGAL SUCCESSION and Sofia. He left properties worth
P120,000.00. Distribute his estate by
DISTANT KINDRED applying the appropriate doctrine in the
(2014, 2016) law of inheritance. Justify your answer.

Q: Define Distant Kindreds and A: This is a proper case of al-kalalah where

enumerate the relatives included in the no residuary heir survives and after
category of Distant Kindreds under the distributing the total portion, a residue is left
Muslim Code or P.D. 1083. which shall revert back to the sharers in
proportion:
A: Distant kindred are blood relatives who
are neither sharers nor residuaries and they The mother is entitled to 1/6 and the two full
are enumerated under Article 131 of sisters to 2/3 equals 5/6 with a residue of
PD1083: 1/6. Applying the doctrine of ar-radd, the
a) The daughter’s children and the children total number of portions shall be reduced
of the son’s daughter and their from 6 to 5; hence:
descendants; The mother is entitled to 1/5 or P24,000 and
b) The excluded grandfather and the two full sisters to 4/5 or 2/5 each or 48,000
excluded grandmother; each.
c) The sister’s children, the brother’s
daughters, the sons of the uterine
brother, and their descendants; and Q: What do you mean by Radd (doctrine
d) The paternal aunts, the uterine uncles of return)?
and the maternal aunts and uncles.
A: Under Article 130 of PD1083, on
reversion of residue, this is if, after
REVERSION OF RESIDUE distributing the portions of the sharers, a
(1983, 1987, 1991, 1997, 2014, 2016, residue is left in the inheritance and there is
Unknown, 2022) no surviving residuary heir, the same shall
revert in its entirety to the lone sharer or to
Q: What is reversion? all the sharers in proportion to their
respective shares. However, the husband or
A: Reversion (radd) literally means to the wife shall not be entitled to any part of
return. Technically, in the Islamic law on the reverted portion as long as there are
succession, if after distributing the portions other sharers or distant kindred.
of the sharers, a residue is left in the
inheritance and there is no surviving
residuary heir, the same shall revert in its CLASSIFICATION OF HEIRS
entirety to the lone sharer or to all the (1991, 1999)
sharers in proportion to their respective
shares. Not being a blood relative, the Q: Give three (3) general classifications of
spouse is not entitled to the residue. heirs and enumerate those falling under
each category.

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Special Shari’a Bar Exam - SUCCESSION (1987-2022)
A: The following are the three (3) general c) One eighth (1/8) – wife
classifications of heirs: d) Two third (2/3) – daughters, son’s
a) Sharers include the Husband, Wife, daughters, full sisters, consanguine
Father, Mother, Grandfather, sisters
Grandmother, Daughter, Son’s Daughter, e) One third (1/3) – mother, uterine brother,
Full Sister, Consanguine Sister, Uterine uterine sister; and
Brother, and Uterine Sister; f) One sixth (1/6) – father, mother,
b) Residuaries include residuaries in their grandfather, grandmother, son’s
own right: the son, son’s son however daughter, consanguine sister, uterine
distant in degree, the father, father’s brother, uterine sister
father, the full brother, consanguine
brother, full brother’s son, consanguine
brother’s son, the full paternal uncle, UNTHAYAYN
consanguine paternal uncle, full paternal (1995, 2001, 2003, 2011, Unknown)
uncle’s son, and consanguine paternal
uncle’s son; residuaries in another’s Q: What are the underlying reasons
right: the son with the daughter, the under Islamic Law, why a male inherits
son’s son with son’s daughter, the full double the share of a female?
brother with full sister, and consanguine
brother with consanguine sister; and A: Based on the Qur’an itself, unthayayn or
residuary together with another: the double share for a male is a Divine
daughter or son’s daughter with full command in succession and belongs to
sister or consanguine sister; Divine Wisdom; however, sociological
c) Distant Kindred include: descendants explanations are put forth as to underlying
through daughter or son’s daughter; false reasons why this is so:
grandparents; sister’s children or a) The male is given the responsibility of
brother’s daughters, uterine brother’s assuring the welfare of the female
sons and descendants; paternal aunts, relative; the male’s strength in
uterine uncles, and maternal aunts and inheritance rights is proportionate to his
uncles responsibilities as the head of the
family—whether he is a son, father,
brother, or uncle;
SHARERS b) Aside from being a blood relative, the
(1987, 1991) male is also a husband who has his own
family to support or will have to pay
Q: Enumerate the heirs who are entitled mahr to contract a marriage;
to the following allotted shares to wit: understandably, his expenses are
exponentially higher than a female’s;
A: There are six furud (shares) mentioned in and
the Qur’an and the following are heirs c) Although the female seems to get the
entitled to them, variably depending on the lower inheritance—half of the male
situation: share—she is, in fact, getting a
a) One half (1/2) – the husband, daughter, substantial amount because she does not
son’s daughter, full sister, consanguine have any responsibility to spend for any
sister of her relatives; her inheritance is hers
b) One fourth (1/4) – husband, wife alone to spend as she pleases.

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)

Q: What do you mean by Aul (Doctrine of

RESIDUARY HEIRS Increase)?
(1987, 1991, 1995, 2001, 2014, 2016)
A: Article 129 of PD1083 provides for the
Q: State the three (3) categories of reduction of shares or al-‘awl that if the
residuary heirs (asabah) and the classes of totality of all the shares assigned to each of
heirs falling under each category under the sharers exceeds the whole inheritance,
the Muslim Code. the shares shall be reduced proportionately.

A: The three categories of residuary heirs

are: EXCLUSION AMONG HEIRS
1. Residuary in their own right: (1991, 2014)
i. Male descendants of the decedent in
the direct line; Q: What is meant by total and partial
ii. Male Ascendants of the decedent in exclusion? Explain each briefly.
the direct line;
iii. Full-- blood or consanguine brother A: Total exclusion or hajb hirman means
of the decedent and their male exclusion of a farther heir by an heir closer
descendants, however distant in in degree to the decedent; such as the father
degree; and totally excluding siblings who are totally
iv. Full- blood or consanguine paternal excluded and will not inherit anything.
uncles of the decedent and their male Whereas, partial exclusion or hajb nuqsan
descendants, however distant in means exclusion only from a portion of an
degree. heir’s supposed share had not a closer heir
partially excluded the farther; such as the
2. Residuary in another’s right: mother entitled to 1/3 but existence of two
i. Daughter’s surviving with the son of or more siblings will reduce such to 1/6.
the decedent;
ii. Son’s daughter surviving with their
own brothers;
iii. Full sisters surviving with their full
brothers; and
iv. Consanguine sisters surviving with
their consanguine brothers

3. Residuary together with another

i. Full-blood or consanguine sisters
surviving with daughters or with
son’s daughters, however distant in
degree from the decedent, are
residuaries together with another.

REDUCTION OF SHARES
(1997, 2016, Unknown, 2022)

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
____________________________________
TITLE IV Examples of transmissible obligations are:
SETTLEMENT AND PARTITION OF a) Obligation to support - Article 68 of
ESTATE PD1083 provides that the ascendants and
descendants shall be obliged to support
ORDER OF PREFERENCE OF each other in the order in which they are
CLAIMS called to succeed by intestacy; hence, if
(1983, 1987, 1991, 1993, 1999, 2001, 2008 a father dies, his obligation to support is
2014) transmitted to the father’s father by order
of succession;
Q: Comment on the order of preference
of claims under Article 135 of the Code of b) Contractual obligations are also
Muslim Personal Laws of the Philippines transmitted to heirs especially the
(P.D. 1083) in relation to Islamic Law. obligation to pay to creditors the debts of
the decedent.
A: With regard to the order of preference of
claims under Article 135 PD1083, there are
seven claims to the estate but under Islamic Q: What are the charges or liens on the
law there are only four general claims, one estate of the decedent in the order of their
of which is debts which include all kinds of preference? Please discuss each briefly.
debts. In Article 135, however, the last claim
is “unpaid dower”; if the wasiya and mirath A: The following are the liens and charges
is distributed before the unpaid dower, then attached to the estate of a decedent, and to
there would be nothing left of the estate; be deducted therefrom under Article 135 of
hence, unpaid dower is considered a debt, PD1083:
and shall be deducted before the disposable a) unpaid taxes refer to all kinds of tax
third wasiya and mirath. imposed by the government on the
person or property
Q: Give at least two (2) examples of b) reasonable funeral expenses are all
transmissible rights and obligations of a resources used in the funeral of the
deceased person. Explain each briefly. decedent, monetary or otherwise;
c) expenses for probate, administration and
A: Examples of transmissible rights are: other judicial expenses are those the
a) Usufruct rights – are transmitted from adjudication of estate in courts, transfer
the decedent to the heir; that the rights of title, and other expenses needed to
(to use and the fruits) in the lease distribute and settle the estate;
contract granted to the decedent when d) debts of the decedent refer to all kinds of
he was alive shall be transmitted and obligations incurred by the decedent;
enjoyed by his heirs until the e) legacies to the extent of the disposable
expiration of such contracts. one-third are dispositions in the will or
b) Intellectual property rights – of the wasiya
decedent over his products shall f) mirath or distribution among the heirs by
likewise pass to his heirs who will order of succession; and
enjoy the benefits, royalties, or other g) unpaid dower which should be part of d)
income derived from such rights. debts

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)

LIABILITY OF HEIRS
(2011, 2014)

Q: Explain briefly the extent of liability of

the heir for the debts of the decedent. Cite
your basis.

A: Article 136 of P.D. 1083 states that the

extent of the liability of the heirs for the
debts of the decedent shall not exceed the
hereditary estate. However, in an authentic
hadith, Islam teaches that one should pay the
debts of their deceased loved ones,
otherwise, the soul of a decedent with
outstanding debts becomes ‘alaqa or
suspended because of unpaid debts.

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
____________________________________ Q: A wife died leaving an estate. At the
SPECIAL CASES time of her death, she was survived by her
husband, father and mother. Compute
UMARYATAN and give their respective shares.
(1983, 1987, 1995, 2003, 2008, Unknown)
A: This is an umaryatan case where after
Q: A person died survived by his father, assigning the share of the spouse, the father
mother, and wife. Distribute his estate and mother shall divide the residue
worth P120,000.00 among the surviving unthayayn:
heirs in accordance with their Husband is entitled to ½;
apportioned shares. The residue of ½ divided unthayayn
Mother is entitled to 1/3 of 1/2 or 1/6; and
A: The Wife is entitled to ¼ or P30,000; Father to 2/3 of ½ or 2/6.
Mother is entitled to 1/3 of the residue or
P30,000; and the father to 2/3 of the residue
or P60,000. Q: A husband died leaving an estate. At
the time of his death, he was survived by
his wife, father and mother. Compute and
Q: A person died survived by her father, give their respective shares.
mother and husband. Distribute her
estate worth P160,000.00 among her A: This is an umaryatan case where after
surviving heirs in accordance with their assigning the share of the spouse, the father
apportioned shares. and mother shall divide the residue
unthayayn:
A: The husband is entitled to ½ or P80,000; Wife is entitled to ¼;
Mother is entitled to 1/3 of the residue or The residue of ¾ divided unthayayn
P26,667; and the father to 2/3 of the residue Mother is entitled to 1/3 of 3/4 or 1/4; and
or P53,333. Father to 2/3 of 3/4 or 3/4.

Q: In the two problems above stated, HIMARIYA

briefly explain your solutions by (1993, 1995)
discussing the applicable rules in the
Muslim Code of Islamic Jurisprudence. Q: A married woman died leaving an
estate. At the time of her death, she was
A: The two problems mentioned above are survived by her husband, mother, two
umaryatan cases, where the only surviving uterine brothers, and a full brother. Give
heirs are the father, mother, and spouse. If their respective shares.
the regular computation and distribution of
furud is followed, then the mother gets a A: In a himariya case, at least two uterine
bigger share than the father while it was the brothers will make the full brother share
latter who sustained his family. The ijma at with the uterine in equal shares:
the time and decision of Caliph ‘Umar (ra) The husband is entitled to ½; the mother to
was to first assign the spouse his/her share 1/6 because there are more than one
and the residue shall be divided unthayayn siblings; and the two uterin brother and full
between the parents. brother

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
will share in the residue of 2/6 or each of the 2. The share of the wife is 1/8 or P450.00;
brother is entitled to 2/18: the mother is entitled to 1/6 or P600.00;
Husband – 9/18 and each daughter to P637.50
Mother – 3/18
Brother – 6/18 or 2/18 each The reserved share of P425.00 shall be given
to the khunta child if determinatively male;
but if female, the reserved share of P425.00
AL-HAMIL/AL-KHUNTHA shall be distributed to the mother and two
(1983, 1995, Unknown, 2008, 2014, 2016) daughters subject to radd because of
al-kalalah.
Q: State the rule on fixing the share of a
hermaphrodite (al-khunta al-mushakal)
in inheritance. Q: A person is survived by his mother, his
wife who is pregnant at the time of his
A: Ilm-ul-Faraid or the science of death, one (1) brother, one (1) sister, a
inheritance in Islam is integrally dependent paternal uncle and a maternal aunt.
on assigned shares for specific genders. In a) Who are entitled to inherit and on
the case of khunta al-mushkal or the what basis?
hermaphrodite, their gender has not been b) Give the share of those entitled to
finally determined. Until such time that their inherit.
gender is determined to be female or male,
then the rule shall be to compute his share as A:
a male minus her share as a female equals a) Those entitled are the mother, wife, and
the reserved share; when he is determined to unborn child (hamil) provided that later
be male, then he gets such reserved share; if it be born completely alive under Article
female, then the female share she received 10 of PD1083.
becomes final and the reserved share shall
be distributed proportionately to her The maternal aunt is a distant
co-heirs. kindred and excluded by the sharers
and residuaries, the paternal uncle is
excluded by the brother.
Q: Mohammad died intestate and was
survived by his wife, mother and two The brother and sister however, are
daughters, and an al-khunta child at the only temporarily excluded pending
time of his death. His net estate is worth the determination of the gender of
P3,600.00. the unborn child. If the child is born
1. How much is the share of the male, then the siblings are excluded;
al-khunta child? if born female, then the siblings
2. How much is the share of the wife become residuary in another’s right
and each of the two daughters. (RAR).

A:
1. The computation should be male share b) The wife is entitled to inherit 1/8 or
minus female share, hence: she will 3/24; the mother 1/6 or 4/24; the residue
receive the female share of P850.00 and of 17/24 shall be given to the unborn
with a reserved share of P425.00 child if born male; if born female, she is

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Special Shari’a Bar Exam - SUCCESSION (1987-2022)
entitled to ½ or 12/24 and the residue of heirs, his sister to ½ or P200,000.00 and the
5/24 to be divided unthayayn between residue to his consanguine paternal uncle,
the brother and sister as RAR. P200,000.00.

The total inheritance of the original

DOCTRINE OF TAS’HEH decedent’s daughter who is the second
(CORRECTION) decedent’s sister is P400,000.00; while the
(1997, Unknown, 2022) first decedent’s consanguine brother who is
the second decedent’s paternal uncle is
Q: What do you mean by Tas’heh P200,000.00.
(Doctrine of Correction)?

A: Tas’heh literally means to correct; in WAIVER OF SHARES

succession, this doctrine is applied in the (1991, 1997, 2006)
distribution of the mirath wherein the
assigned share is not divisible by the number Q: Mustapha died leaving behind five
of heads in one or more stirpes. Hence, the sons, daughter, and his widow as his heirs.
denominator is corrected so that the assigned During his lifetime, Mustapha incurred
shares are exactly divisible by the number of debts so heavily that may require sale of
heads. all his property. Three (3) of his sons
came to his rescue and proposed to pay
the debts in order to preserve the
VESTED INHERITANCE property. However, they paid the debts
(1987, 2014) only with the end in view of excluding the
other two sons from the inheritance. The
Q: A person died leaving a son, a two (2) sons executed waiver of their
daughter, a consanguine brother. The rights over the inheritance in
hereditary estate is P600, 000.00. Before consideration of some cash and movable
settlement and partition of said estate, the property. During their father’s lifetime,
son died. If you were a Judge, how should the two (2) sons never questioned the
you distribute the estate applying related validity of the waiver. Nonetheless, they
rules? asserted ownership over their shares
upon the death of their father. Do these
A: This is a case of vested interest as two sons have right over the estate of
provided under Article 90 of PD1083, that their father? Explain.
rights to succession are vested at the time of
the death of the decedent; hence: A: No. The two (2) sons have no right over
the property left by their father because they
First computation for the P600,000.00 themselves executed the waiver in exchange
would be the son is entitled to 2/3 or of some amounts and movable property.
P400,000.00 and the daughter to Notwithstanding the mal intention of the
P200,000.00; three brothers, absent any vitiation of the
consent of the two brothers to execute the
Second computation would be for the son’s waiver, they are estopped from questioning
share vested in him before he died, its validity and have lost ownership over
P400,000.00 to be distributed to his own their supposed shares. , In Islamic

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
succession, there is neither concept of and mother agreed but the wife objected.
legitime nor collation of advanced legitime. How will your distribute the estate?
During the lifetime of a Muslim, he can Please explain and justify your answer.
dispose of his property as he pleases under
Article 42 of PD1083 and what will be taken A: The share of the wife which is 1/8 shall
into inventory for the estate are those the not be affected so she is entitled to 1/8 of
decedent owned at the time of his death. P480,000 which is P60,000; the remaining
P420,000 minus the Ford P45,000 is
P375,000 to be distributed to the mother
Q: Rakim died intestate or without P62,500 and each son P156,250.
leaving a will (wasiya). He left the
following properties, to wit: house and lot
valued at P300,000.00; brand new car SIMULTANEOUS DEATH
valued at P200,000.00; a farm with fruit (1993, 2011, 2014)
orchard valued at P100,000.00; house
furniture at P50,000.00; Ford Fiera at Q: What is the effect if there’s a doubt as
P45,000.00 and debts in the sum of to which of two or more persons, who are
P215,000.00. He is survived by two (2) called to succeed each other, died first?
sons, a daughter, mother and a wife.
During the settlement of the estate, the A: The effect is that they shall be presumed
daughter waived her claims to the estate to have died at the same time. Article 12 of
provided that she will have the Ford Fiera PD1083 provides that if as between two or
vehicle. Distribute the estate by applying more persons who are called to succeed each
the appropriate rules on inheritance. Let other and there is a doubt as to each of them
us assume that all the heirs agreed to the died first, whoever alleges the death of one
demand of the daughter. prior to the other, shall prove the same. In
the absence such proof it is presumed that
A: The net estate or mirath is P480,000. In they died at the same time and there shall be
this case of waiver of shares, and following no transmission of right from one to the
the rules of inheritance, the original shares other.
should be: wife to 1/8 or P60,000; mother to
1/6 or P80,000; each son to P136,000 and
the daughter to P68,000. But since the Q: Jafar and Jasmin, husband and wife,
daughter asked for the Ford Fiera which is boarded on super Ferry bound for
P45,000, she is, in fact, waiving her right to General Santos City. In its route within
the P23,000 excess of the Ford which shall the vicinity of Romblon, they met strong
be distributed among the other heirs, hence: typhoon Ondoy that struck the vessel and
P480,000 minus the Ford Fiera P45,000; the it sunk, spouses Jafar and Jasmin died as
mirath shall be P435,000 to be distributed to a result. At the time of their death, they
the heirs excluding the daughter: wife left a conjugal estate valued Php.
P54,375.00, mother 72,500, and each son 3,000,000.00 and were survived by the
P154,062.50. following relatives: (1) the father and
mother of Jafar, (2) mother and germane
brother of Jasmin. Who are entitled to
Q: Suppose that in the same problem, inherit from Jafar? Compute and give
only the two (2) sons, the other daughter their share.

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QUESTIONS ASKED MORE THAN ONCE (QuAMTO)

Special Shari’a Bar Exam - SUCCESSION (1987-2022)
A. In the assumption that Jafar and Jasmin
contributed to the conjugal property in equal
portions, then the estate of Jafar and Jasmin
is P1,500,000.00 each. There is no
transmission of successional rights between
them as they are presumed to have died at
the same time.

Heirs of Jafar who can inherit are his father

and mother; his mother is entitled to 1/3 or
P500,000.00 while his father to the entire
residue of 2/3 or P1,000,000.

Jasmin’s mother is entitled to 1/3 or

P500,000.00 while her germane or full
brother to the entire residue as the sole
residuary or P1,000,000.00.

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