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Succession Fbruary 2 2019 Recit

The document provides an assignment for a law school Succession class. It includes a list of 150 case citations related to topics in succession law, along with brief descriptions of the issues addressed in each case. Students are instructed to prepare individual summaries of each case on notecards and organize them in a folder for class. They are also to review assigned readings in preparation for a graded recitation on remaining topics from the previous week's assignment.

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Simeon Suan
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208 views7 pages

Succession Fbruary 2 2019 Recit

The document provides an assignment for a law school Succession class. It includes a list of 150 case citations related to topics in succession law, along with brief descriptions of the issues addressed in each case. Students are instructed to prepare individual summaries of each case on notecards and organize them in a folder for class. They are also to review assigned readings in preparation for a graded recitation on remaining topics from the previous week's assignment.

Uploaded by

Simeon Suan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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SUCCESSION – ASSIGNMENT FOR FEBRUARY 2, 2019

(UNIVERSIDAD DE MANILA COLLEGE OF LAW, 2ND


SEMESTER, SCHOOL YEAR 2018-2019)
 Fraud and undue influence are repugnant allegations

126. Icasiano v. Icasiano, GR L-18979, June 30, 1964, 11 SCRA


422 - SUAN

 Substantial compliance rule

127. Rey v. Cartagena, GR 34288, Nov. 10, 1931, 56 Phil. 282 –


VERGARA RECHEL
 INSTITUTION OF HEIR; DEFINITION
 EFFECTS OF NON-INSTITUTION OR PARTIAL
INSTITUTION OF AN HEIR, ETC.

 Effect of partial disposition of testator’s estate

128. Montinola-Sanson v. CA, GR 76648, Feb. 26, 1988, 158


SCRA 247 - ANDALEON
 FREEDOM OF DISPOSITION; TESTATE SUCCESSION
PREFERRED OVER INTESTACY
129. Cuenco v. CA, GR L-24742, Oct. 26, 1973, 53 SCRA 360 -
BIHASA
130. Hacbang v. Alo, GR L-191031, Oct. 05, 2015 - EGUSQUIZA
 DESIGNATION OF HEIR BY NAME OR OTHER
IDENTIFYING CIRCUMSTANCES
 EFFECT OF ERROR IN NAME, ETC. AND IDEN TICAL
NAMES
 DISPOSITION IN FAVOR OF UNKNOWN OR
UNIDENTIFIED PERSON NOT VALID
 RULE WHERE HEIRS ARE INSTITUTED WITHOUT
DESIGNATION OF SHARES
 CONSTRUCTION WHEN HEIRS ARE INDIVIDUALLY AND
COLLECTIVELY INSTITUTED
 INSTITUTION OF BROTHERS AND SISTERS OF THE
FULL AND HALF BLOOD
 INSTITUTION OF A PERSON AND HIS CHILDREN
 EFFECT OF INSTITUTION OF AN HEIR BASED ON A
FALSE CAUSE

 Annulment of institution of heirs based on false cause; requisites

131. Austria v. Reyes, GR L-23079, Feb. 27, 1970, 31 SCRA 754


- REFORBA
 INSTITUTION OF ONE OR SEVERAL HEIRS TO AN
ALIQUOT PART OF INHERITANCE
 WHEN HEIRS’ TOTAL ALIQUOT PARTS ARE LESS THAN
THE WHOLE INHERITANCE
 RULE WHEN HEIRS’ TOTAL ALIQUOT PARTS EXCEED
THE ENTIRE ESTATE
 PRETERITION OR PRETERMISSION OF HEIRS

 Preterition defined

132. Aznar v. Duncan, GR L-24365, June 30, 1966, 17 SCRA


590 - GO

 Successional rights of illegitimate children

133. Delgado Vda. de De la Rosa v. Heirs of Marciana Rustia


Vda. de Damian, GR 155733, Jan. 27, 2006, 480 SCRA 334 -
ACABO

 Rule on preterition applies to testator’s adopted child, not to


spouse

134. Neri v. Akutin, GR L-47799, May 21, 1943, 74 Phil. 185 -


YANDOC
 COMPLETION OF LEGITIME
 Allotment of smaller share than legitime does not invalidate
institution of heir

135. Reyes v. Barretto-Datu, GR L-17818, Jan. 20, 1967, 19


SCRA 85 - PEDROZO
 PREDECEASE, INCAPACITY AND RENUNCIATION;
GROUNDS FOR DISQUALIFICATION OF HEIRS

 Elements of a valid repudiation or waiver of inheritance

136. Borromeo-Herrera v. Borromeo, GR 41171, July 23, 1987


- PITPIT
 EFFECTS OF PREDECEASE
 SUBSTITUTION OF HEIRS
 KINDS OF SUBSTITUTION
 SIMPLE OR COMMON SUBSTITUTION
 BRIEF OR COMPENDIOUS SUBSTITUTION
 RECIPROCAL SUBSTITUTION; EFFECTS
 CHARGES AND CONDITIONS IMPOSABLE UPON THE
SUBSTITUTE
 FIDEICOMMISSARY SUBSTITUTION

 Duty of first heir to preserve the property for second heir required

137. Crisologo v. Singson, GR L-13876, Feb. 28, 1962, 4 SCRA


491 - ESTAREJA

 Conditions of vulgar or simple substitution

138. PCIB v. Escolin, GR L-27860 and L-27896, Mar. 29, 1974 -


GANNABAN

 Meaning of “one degree” from the first heir

139. Palacios v. Vda. De Ramirez, GR L-27952, Feb. 15, 1982,


111 SCRA 704 - MARIANO
 LEGITIME NOT TO BE AFFECTED BY FIDEICOMMISSARY
SUBSTITUTION
 FIDEICOMMISSARY SUBSTITUTION MUST BE
EXPRESSLY MADE TO BE VALID
 ENTITLEMENT OF FIDUCIARY TO DEDUCTIONS FOR
LEGITIMATE EXPENSES
 WHEN THE RIGHTS OF THE FIRST AND SECOND HEIRS
ARE VESTED
 WHEN FIDEICOMMISSARY SUBSTITUTIONS ARE
DEEMED VOID
 EFFECTS OF NULLITY OF FIDEICOMMISSARY
SUBSTITUTION
 PROVISION ON USUFRUCT
 DISPOSITION DECLARING ESTATE INALIENABLE FOR A
CERTAIN PERIOD

 Purpose of restriction on alienability of estate under Article 870

140. Palad v. Governor of Quezon Province, GR L-24302, Aug.


18, 1972, 46 SCRA 354 - RIBON
 CONDITIONAL TESTAMENTARY DISPOSITIONS AND
TESTAMENTARY DISPOSITIONS WITH A TERM; FREEDOM
OF DISPOSITION
 CHARGE, CONDITION OR SUBSTITUTION UPON THE
LEGITIME DEEMED VOID
 IMPOSSIBLE AND UNLAWFUL CONDITIONS

 Condition contrary to law to be considered as unwritten

141. Miciano v. Brimo, GR L-22595, Nov. 1, 1927, 50 Phil. 867 -


CASTRO
 CONDITION PROHIBITING MARRIAGE
 SCRIPTURA CAPTATORIA OR DISPOSICION CAPTATORIA
 PURELY POTESTATIVE CONDITION
 CASUAL AND MIXED CONDITIONS
 DISPOSITION WITH A SUSPENSIVE TERM
 NEGATIVE POTESTATIVE CONDITION
 0EFFECT OF SUSPENSIVE CONDITION OR TERM OR
FAILURE TO GIVE BOND
 PLACEMENT OF THE ESTATE UNDER ADMINISTRATION
MODE
 ANALOGOUS AND CONSTRUCTIVE COMPLIANCE
 RULES FOR CONDITIONAL OBLIGATIONS
 TERM OR PERIOD IN TESTAMENTARY DISPOSITIONS
 LEGITIME; DEFINITION; WHAT CONSTITUTES
LEGITIME

 Claim for legitime does not amount to claim of title

142. Vizconde v. CA, GR 118449, Feb. 11, 1998, 286 SCRA 217 -
USOP

 Accrual of cause of action to enforce a legitime

143. Imperial v. CA, GR 112483, Oct. 8, 1999, 316 SCRA 393 -


BOLANTE
 WHO ARE THE COMPULSORY HEIRS?

 Compulsory heir defined

144. Rocha v. Tuason, GR 14254, Aug. 5, 1919, 39 Phil. 976 –


VERGARA MARIENYL
 LEGITIME OF LEGITIMATE CHILDREN AND
DESCENDANTS
 LEGITIME OF LEGITIMATE PARENTS OR ASCENDANTS
 LEGITIME OF LEGITIMATE PARENTS
 RESERVA TRONCAL
 PRINCIPLE OF RESERVA TRONCAL
 Reserva troncal defined

145. De Papa v. Camacho, GR L-28032, Sept. 24, 1986, 144


SCRA 281 - MAGTOLES

 Lines of transmission in reserva troncal

146. Gonzales v. CFI of Manila, GR L-34395, May 19, 1981, 104


SCRA 479 - YANGCO

 Who may become reservees (reservatorios)

147. Jardin v. Villamayor, GR 47889, Jan. 17, 1941, 72 Phil.


392 - DURENS

 Propositus, the person from whom degree should be reckoned

148. Cabardo v. Villanueva, GR 19003, Dec. 13, 1922, 44 Phil.


186 - PENA

 4th degree relatives cannot be reservees nor can be represented

149. Florentino v. Florentino, GR 14856, Nov. 15, 1919, 40


Phil. 480 – VERGARA MARIENYL

 Nearest relatives within 3rd degree exclude the more remote ones

150. Padura v. Baldovino, GR L-11960, Dec. 27, 1958, 104 Phil.


1065 - BARACINA

NOTE: Digest/dissect all the given cases and write them on


yellow pad paper (one case per sheet), place them neatly in
your sliding folder with cover page and table of contents, and
submit them during our class for recording and affixing of
initials. Late/incomplete submissions will not be accepted.

Read the details of the assigned topics from the prescribed


textbook and other supplementary reading materials. Be ready
for a graded recitation which will start from the and eight (8)
remaining cases and topics assigned last week.

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