QUIZ 1

1. A devisee is a person called to succession by operation of law. FALSE. A devisee is a person to

whom gifts of real property are given by virtue of a will (Art. 782).
2. In order to make a will it is essential that the testator be of sound mind at the time of his death.
FALSE. In order to make a will it is essential that the testator be of sound mind at the time of
its execution (Art. 798).
3. For a will to be valid, it must be in accordance with the law of the nation of the decedent. FALSE.
4. In fideicommissary substitution, the second heir shall acquire a right to succession from the time
of the testator’s death, even though he should die before the fiduciary. TRUE
5. Supervening incapacity does not invalidate an effective will. TRUE
6. Legatees and devisees are persons to whom gifts of real and personal property is given by virtue
of a will. FALSE. Devisees and legatees are person to whom gifts of real and personal property
are respectively given by virtue of a will (Art. 782).
7. The legitime reserved for the legitimate parents shall be divided between them equally, if one of
the parents should have died, the whole shall pass to the survivor. TRUE
8. Every will must be acknowledged before a notary public by the testator and witnesses in the
presence of each other. FALSE. Each and every testator and witnesses may individually
acknowledged the will before the notary public.
9. If the testator be blind, he must personally read the will. FALSE.
10. In recognition of an illegitimate child does not lose its legal effect even though the will wherein
it was made should be revoked. TRUE

11. The compulsory heir/s of X, an illegitimate child is/are

a. His father
b. Legitimate child of his father
c. His nephew
d. Brother
e. All of the above
f. None of the above

12. The legal heirs of X, a Filipino, are, except:

a. His surviving spouse
b. Illegitimate child
c. First cousin dfer
d. Brother
e. Second cousin
f. None of the above

13. A was one of the three witnesses of the execution of the will of X, in the will he gave a car to A.
Which of the following is correct?
a. The legacy is void
b. The will is void
c. A cannot be considered as a competent witness
d. All of the above
e. None of the above
14. X, a French national but a permanent resident of Canada, suffered a heart attack in Japan while
attending a conference. He was survived by his wife, his parents, and two children. He left
properties in the Philippines and in Germany. He left a will which he executed in Tacloban City.
The will of X may be probated if it is in accordance with the
a. Philippine Law
b. Law of Japan
c. Law of Canada
d. All of the above
e. None of the Above

15. The priest who heard the confession of the testator during his last illness is incapable of
succeeding because of
a. Mistake
b. Fraud
c. Undue influence
d. Violence
e. Intimidation
f. None of the above

16. X, who was not in danger of death, disappeared at the age of 76. It was unknown whether or not
he still lives, he shall be presumed dead for the purpose of succession after an absence of
a. One year
b. Five years
c. Seven years
d. Ten years
e. 2 years, from his disappearance

17. Disposition in favor of an heir is revoked by implication of law

a. If he committed a crime
b. He is guilty of adultery or concubinage
c. Accused the testator of a crime
d. Prevented the decedent from making of the will
e. All of the above
f. None of the above

18. The following are grounds for substitution, except:

a. Disinheritance
b. Incapacity
c. Renunciation
d. Predecease
e. None of the above

19. There is no right of representation:

a. In the ascending line
b. In the descending line
c. In the collateral line
d. Both a & b
e. Both a & c
20. The compulsory heir of X, a Filipino is
a. His great grandparents
b. Illegitimate child of his legitimate son
c. His sister
d. Nephew
e. Uncle
f. None of the above

QUIZ 2
1. A will made in the Philippines by a citizen or subject of another country produces effect in the
Philippines if made with the formalities prescribed by the law of the place in which he resides.
FALSE.
2. Full blood relationship is that existing between persons who have legitimate relations. FALSE.
There are full blood relationships but illegitimate relations e.g. anak sa labas.
3. The case of unworthiness shall be without effect if the testator had knowledge at the time he
made the will. FALSE.
4. A voluntary heir is a person called to the succession either by the provisions of a will or by
operation of law. FALSE
5. If the person excluded from the inheritance by reason of incapacity should be a child or
descendant of the decedent and should have children or descendants, the latter shall acquire his
right to the legitime. TRUE. By operation of law. No right of representation in testamentary
succession, it only operates in the (1) legitime; or (2) intestacy.
6. The action for a declaration of incapacity and for the recovery of the inheritance, device, or
legacy shall be bought within five years from the time of the death of the decedent. FALSE
7. An inheritance is deemed accepted if the heir assigns his right to a stranger. TRUE
8. If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may
petition the court to authorize them to accept it in the name of the heir. TRUE
9. If a person, who is called to the same inheritance as an heir by will and ab intestate, repudiates
the inheritance in his capacity as an intestate heir, without knowledge of his being a
testamentary heir, he may still accept in the latter capacity. TRUE.
10. Legal succession takes place if a person dies with a will which has been subsequently lost its
validity. TRUE
11. The compulsory heir of X, a Filipino, is
a. His great grandfather
b. Illegitimate child of his legitimate son
c. His sister
d. Nephew
e. Uncle
12. The legal heirs of X, a Filipino, are, except:
a. His surviving spouse
b. Illegitimate child
c. First cousin
d. Brother
e. Second cousin
13. Of the following who survived X, who will not inherit if X died intestate?
a. His surviving spouse
b. His grandchild by a legitimate son
 c. Mother
d. Illegitimate child of his illegitimate son
e. C & D
14. The priest who heard the confession of the testator X may inherit from X because:
a. the confession was not during the last illness
b. the confession happened before the execution of the will
c. the priest is a compulsory heir of X
d. All of the above
e. None of the above
15. In the will of X, a house and lot was given to A who was the guardian of X. A may inherit if
a. the will was executed before the final accounts of the guardianship was approved
b. the testator died after the approval of the final accounts
c. A is the brother of X
d. All of the above
e. None of the above
16. A, B and C were the witnesses to the execution of the will of X. A legacy may be valid if it is
in favor of
a. spouse of A
b. mother of B
c. child of C
d. grandchild of A
e. all of the above (f) None of the above
17. A killed B. A may inherit from X if B is the
a. spouse of X
b. son of X
c. mother of X
d. brother of X
e. All of the above
f. None of the above
18. For an heir to be incapacitated, conviction is required in the following acts, except:
a. attempt against the life of the testator
b. accusing the testator of a crime
c. adultery with the spouse of the testator
d. All of the above
e. None of the above
19. The capacity of an heir to inherit shall be determined at the
a. time of the execution of the will
b. time of the birth of the heir
c. time of the probate of the will
d. moment of the death of the decedent
e. moment of the death of the heir
f. None of the above
20. X, who was not in danger of death, disappeared at the age of 69. It being unknown whether
or not he still lives, he shall be presumed dead for purposes of succession after an absence of
a. one year
b. five years
c. seven years
 d. ten years, Rules of Court (Rule 131, Sec. 3) If 76 above, 5 years of
disappearance is enough. If in danger of death, 4 years.
e. 2 years, from his disappearance

QUIZ 3

1) If there are different interpretations of a testamentary disposition, that interpretation by which the
disposition is to be operative shall be preferred. FALSE? Art. 788: If a testamentary disposition
admits of different interpretations, in case of doubt, that interpretation by which the
disposition is to be operative shall be preferred.

2) A will executed abroad need not to be probated first in the country where it was executed before it
may be probated here in the Philippines. TRUE

3) A will which is void on its face cannot be the basis of a valid distribution of the estate of the testator.
FALSE

4) The doctrine of renvoi will apply if the decedent is a national of one country and is domiciled in
another. FALSE

5) If the will states that the language used in the will was a language “understood and known” to the
testator, then there is compliance with the requirement that the will must be in a language known to
the testator. FALSE. Jurisprudence

6) A will may be valid even if the testator’s name is affixed thereto by some other person in his
presence and by his express direction. TRUE

7) A will may be valid even if its attestation clause did not state the number of pages. TRUE

8) If the testator and witnesses acknowledged the will before another witness who is also a notary
public, the will cannot be probated. FALSE

9) The notary public need not sign the acknowledgement in the presence of the testator and the
witnesses. TRUE

10) Even if the testator was not blind at the time of the execution of the will, the will may be denied
probate if the will was not read to him twice. TRUE

Part II- Multiple Choice

11) If a cross appears above the name of the testator, the will (a) is void because the law requires a full
signature (b) is void because the law requires a thumb mark (c) is void because it cannot be considered
as a signature (d) may be valid as long as it is the usual way of signing by the testator (e) may
be valid as long as there is a thumb mark together with the cross. JURISPRUDENCE.

12) One of the requirements for a will to be valid if another person signed the will is that: (a) he must
sign his name or the name of the testator (b) the signing must be in the presence of the testator
(c) the signing maybe at the express or implied direction of the testator (d) he must be one of the three
(3) witnesses (e) none of the above

13) X executed a notarial will in September 1998 with A, B, and C as witnesses. In the will, a parcel of
land was given to A. B was a minor at the time of the execution of the will. C is a notary public. The
will (a) is void because one of the three witnesses is also a legatee (b) is void because one of the
three witnesses was a minor at the time of the execution of the will (c) is void because one of
the three witnesses is a notary public (d) may be valid but the devise is void (e) may be valid if the
testator did not acknowledge the will before C

14) If an insertion in a holographic will was made by another person after the execution of the will
without the knowledge of the testator (a) the will is void but the insertion can be given effect (b) the
will is void and the insertion cannot be given effect (c) the will may be valid but the insertion
cannot be given effect (d) the will may be valid and the insertion can be given effect

15) The law requires a holographic will to be dated. However, it may be valid even if it only states (a)
month and day (b) day and year (c) month and year (d) month (e) year

16) Which of the following is absolutely true? (a) Revocation is an act of the testator (b) Revocation
is by operation of law (c) Revocation presupposes a valid act (d) Revocation takes place only during
the lifetime of the testator (e) none of the above.

17) In the will of X, he gave to A a credit in the amount of P1 million. This legacy is deemed revoked
(a) if X sent a demand letter to the debtor (b) if X filed an action against the debtor for the
collection of the said amount (c) if the court ordered the debtor to pay X before the death of X (d)
if the debtor paid X before the death of the latter. A demand letter does not suffice, and a court
order is not necessary. The fact that an action for collection was filed against the debtor, by
implication of law, the legacy is considered revoked.

18) A disposition in favor of an heir is revoked by implication of law if (a) he was convicted of a crime
(b) he is guilty of adultery or concubinage (c) he accused the testator of a crime (d) prevented the
decedent from making a will. Art. 1032: The following are incapable of succeeding by reason
of unworthiness: (7) Any person who by the same means prevents another from making a will,
or from revoking one already made, or who supplants, conceals, or alters the latter’s will.

19) The following are characteristics of a will, except : (a) formal (b) ambulatory (c) joint (d) voluntary
(e) none of the above. Art. 818: Two or more persons cannot make a will jointly, or in the same
instrument, either for for their reciprocal benefit or for the benefit of a third person.

20) A will in the handwriting of the testator may be a valid will (a) only if it is an ordinary will (b) only
if it is an attested will (c) only if it is a holographic will (d) whether it is an ordinary or holographic
will (e) whether it is an ordinary will or attested will

EXAM
1. A person may represent him whose inheritance he has renounced. TRUE. Art. 976: A person
may represent him whose inheritance he has renounced.
2. Should brothers and sisters survive together with nephews and nieces, who was the children of
the decedents brother or sister by full blood, the former shall inherit Per Stripes, and the latter
Per Capita. FALSE. Art. 1005: Should brothers and sisters survive together with nephews and
nieces, who are the children of the decedent’s brothers and sisters of the full blood, the
former shall inherit per capita, and the latter per stripes.
3. Under the NCC, an illegitimate child cannot inherit from the legitimate children and relatives of
his father and mother. FALSE. Art. 992: An illegitimate child has no right to inherit ab intestate
from the legitimate children and relatives of his father or mother; nor shall such children or
relatives inherit in the same manner from the illegitimate children.
4. Heirs who repudiate his share may not be represented. TRUE. Art. 977: Heirs who repudiate
their share may not be represented.
5. The Reservoir is a usufructuary as to the Reservable Property. FALSE. Jurisprudence
6. The grandchild of the brother of the prepositus may inherit by right of representation. FALSE.
7. An institution pertaining to the entire estate may be valid. TRUE
8. The loss of parental authority is a valid ground for disinheriting a parent. TRUE. Art. 920: The
following shall be sufficient causes for the disinheritance of parents or ascendants, whether
legitimate or illegitimate: (6) The loss of parental authority for causes specified in this Code;
9. If the will containing a disinheritance was revoked, the disinherited heir is considered as
imperfectly disinherited. FALSE
10. A compulsory heir who dies before the testator transmits nothing to his heirs. FALSE
11. The right of representation may take place in the direct descending line, and the collateral lines,
but never the ascending line. TRUE. Art. 972: The right to representation takes place in the
direct descending line, but never in the ascending line. In the collateral line, it takes place only
in favor of children of brothers or sisters, whether they be of the full or half blood.
12. In the collateral line, it takes place, only in favor of the children of brothers or sisters, whether
they are legitimate or illegitimate. FALSE. Art. 972: In the collateral line, it takes place only in
favor of children of brothers or sisters, whether they be of the full or half blood.
13. The relatives nearest in degree excludes the more distant ones. TRUE. Art. 962: In every
inheritance, the relatives nearest in degree excludes the more distant ones, …
14. Relatives in the same degree inherit in equal shares. FALSE. Art. 962: Relatives in the same
degree shall inherit in equal shares, subject to the provisions of Art. 1006 with respect to
relatives of the full and half blood, and of Art. 987, paragraph 2, concerning division between
the paternal and maternal lines.
15. The legacy or devise shall be without effect if the thing bequeathed is totally lost during the
lifetime of the testator after his death. FALSE. Art. 957: The legacy or devise shall be without
effect: (3) If the thing bequeathed is totally lost during the lifetime of the testator, of after his
death without the heir’s fault. …
16. Legal Succession may take place even if a person dies with a valid will or one which has
subsequently lost its validity. TRUE
17. If the legatee or devisee acquires the thing after the execution of the will, he can claim nothing
by virtue of the legacy or devise. FALSE. Art. 933: The legacy or devise of a thing which at the
time of the execution of the will already belonged to the legatee or devisee shall be
ineffective, even though another person may have interest therein. If the testator expressly
orders that the thing be freed from such interest or encumbrance, the legacy or devise shall
be valid to that extent.
 18. A devise of an indeterminate real property shall be valid only if there be immovable property of
its kind in the estate. TRUE. Art. 941: A legacy of indeterminate real property shall be valid
only if there be immovable property of its kind in the estate.
19. If the testator bequeath or devise something pledged or mortgaged to secure a recoverable
debt before the execution of the will, the estate is obliged to pay the debt. FALSE. Art. 934: If
the testator should bequeath or devise something pledged or mortgaged to secure a
recoverable debt before the execution of the will, the estate is obliged to pay the debt, unless
the contrary intention appears.
20. In a fideicommissary substitution, the second heir shall acquire a right to the succession from
the time of the testator’s death, even though he should die before the fiduciary. TRUE. Art. 866:
The second heir shall acquire a right to the succession from the time of the testator’s death,
even though he should die before the fiduciary. The right of the second heirs shall pass to his
heirs.
21. The substitute shall be subject to the same charges and conditions imposed upon the original
heir. FALSE. Art. 862: The substitute shall be subject to the same charges and conditions
imposed upon the instituted heir, unless the testator has expressly provided the contrary, or
the charges or conditions are personally applicable only to the heir instituted.
22. Impossible conditions, those contrary to good customs or public policy, and those prohibited by
law shall annul the substitution. FALSE. Art. 878: A disposition with a suspensive term does not
prevent the instituted heir from acquiring his rights and transmitting them to his heirs even
before the arrival of the term. ???
23. An absolute condition not to contract a first or subsequent marriage shall be considered as not
written. FALSE. Art. 874: An absolute condition not to contract a first or subsequent marriage
shall be considered as not written unless such condition has been imposed on the widow or
widower by the deceased spouse, or by the latter’s ascendants or descendants.
24. The probate court has no power to pass upon the validity of any provision made in the will.
FALSE. Nepumuceno v. CA
25. The fact…
26. When a will cannot be found by proper or diligent search after the death of the testator, it is
presumed to be revoked. TRUE. Gago v. Mamuyac
27. Subsequent wills which do not revoke the previous one in an express manner, annuls only such
disposition in the prior wills as are inconsistent with or contrary to those contained in the latter
wills. TRUE. Art. 831:

QUIZ FROM ANOTHER SCHOOL

1. The person from whom the property came and the descendant or brother or sister have to die for
reservation to exist. FALSE. The reserva arises only upon the second transfer (by operation of
law, from the transferee in the first transfer to another ascendant)

Requisites of Reserva Troncal:

a. That the property was acquired by a descendant (praepositus) from an ascendant or
from a brother or sister (origin) by gratuitous title;
b. That said descendant died without an issue;
c. That the property is inherited by another ascendant by operation of law; and
d. That there are relatives within the third degree belonging to the line which said
property came.
2. A brother can be preterited. FALSE
3. The reservor is a usufructuary as to the reservable property. FALSE
4. Preterition is the omission of an heir in the will. FALSE. Preterition is the total omission of an
heir in the will.
5. The reservatarios will not be able to recover the reservable property alienated by the reservista.
FALSE
6. Preterition shall annul the institution of heirs insofar as it may prejudice the person disinherited,
but the devices and legacies and other testamentary dispositions shall be valid to such extent as
will not impair the legitime. TRUE
7. Reserva troncal is extinguished upon the death of the reservista. FALSE
8. There may be a partial disinheritance of an heir.
9. Uncles are excluded by nephews of the praepositus. TRUE
10. The children and descendants of the person disinherited shall take his or her place and shall
preserve the rights of compulsory heirs with respect to the legitime. TRUE
11. The following heirs can be preterited, except: Preterition is the total omission of a compulsory
heir from the inheritance.
a. A legatee
b. A parent
c. A legitimate daughter
d. An illegitimate son
e. A grandparent
12. For a property to be a reservable property, it must be acquired from the praepositus by:
a. Gratuitous title
b. Onerous title
c. Operation of law
d. Death of the ascendant
e. None of the above
13. In reserve troncal, the reservatario is:
a. One degree removed from the praepositus
b. Within two degrees from the praepositus
c. Within three degrees from the praepositus
d. Ascendant of the praepositus
e. Descendant of the praepositus
14. Reserva lineal arises upon death of the
a. Origin
b. Praepositus
c. Reservista
d. Reservoir
e. Reservatarios
15. There will be an imperfect disinheritance of:
a. The cause is not one of those set forth in the Civil Code
b. The will is void
c. The disinherited heir is not a compulsory heir
d. The deceased died intestate
e. The heir was not mentioned in the will
16. The following shall be sufficient causes for the disinheritance of children, except:
a. Conviction of a crime
 b. When a child leads a disgraceful life
c. Refusal without justifiable cause to support the parent
d. When a child by fraud causes the testator to make a will
e. None of the above
17. This is a sufficient cause of the disinheritance of parents:
a. When the parent has been convicted of adultery
b. The loss of parental authority
c. The refusal to support the children
d. All of the above
e. One of the above
18. The following may be a reservatario, except:
a. Brother of the praepositus
b. Great grandmother of the praepositus
c. Niece of the praepositus
d. Cousin of the praepositus
e. None of the above
19. The following heirs cannot be preterited, except:
a. A legatee
b. A spouse
c. An heir born after the death of the testator. The heir must be in the direct line who must
survive the testator.
d. A cousin
e. None of the above
20. For a reservation to arise, the property must be:
a. An indeterminate property
b. A consumable property
c. A non-consumable property
d. A fungible property
e. A determinate property