Question B.14, 2019 Legal Ethics Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

B.14.

(Question B.14, Civil Law, 2019 Bar Exam)

Prior to his death, H, married to W, with children X, Y, and Z, executed a holographic will entirely written, dated, and signed by him. In his will, H instituted W, X, and Y as his heirs, and consequently, made testamentary dispositions in their favor. H, however, expressly disinherited Z on the ground that the latter once filed a civil case against him in order to collect a particular sum of money he previously owed Z.

(a) Was the disinheritance of Z proper? Explain. (3%)

(b) Assuming that the disinheritance of Z was improper, how will it affect the institution of heirs and testamentary dispositions made in H’s will? Explain. (3%)

Suggested Answer:

(a) No. Answer

Under the Civil Code, there are grounds provided for the disinheritance of a child, such as when a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless. Filing a civil case is not one of them. Rule

In the case at bar, H expressly disinherited Z on the ground that the latter filed a civil case against H to collect a sum of money. This cause is not one of the grounds specified under the law resulting in the nullity of the disinheritance. Apply

Thus, the disinheritance of Z was not proper. Conclusion

(b) If Z’s disinheritance was improper, he will be reinstated as a compulsory heir as a child or descendant of H. This will result in the equal reduction of the inheritance of X and Y to cover Z’s legitime.

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

Share:

WhatsApp
Telegram
Facebook
Twitter
Subjects

Political Law, Labor Law

Question 1, 2017 Labor Law Bar Exam

I. (Question I, Labor Law, 2017 Bar Exam) A. What are the accepted tests to determine the existence of an employer-employee relationship? (5%) B. Applying

Question 15, 2018 Labor Law Bar Exam

XV. (Question XV, Labor Law, 2018 Bar Exam) Nexturn Corporation employed Nini and Nono, whose tasks involved directing and supervising rank-and-file employees engaged in company

4. Penalties

Frequency: ★★☆☆☆ a. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) 1)

4. Retroactive effect of penal laws

Frequency: ★★★★☆ Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal,

M. Quasi-offenses

Frequency: ★★★★★ 1. Imprudence and negligence a. Reckless imprudence RECKLESS IMPRUDENCE: Reckless imprudence consists in voluntary, but without malice, doing or falling to do an

I. Anti-Trafficking in Persons Act of 2003

Frequency: ★★★★☆ “Trafficking in Persons” – refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without

A. Effect and application of laws

1. Publication and filing Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a

error: Content is protected.