Deck 16: Donation, Probate, and Reserva Troncal in Philippine Law

Question 1

When is donation deemed perfected?

A)Upon the signing of the deed of donation.
B)When the donor comes to know of the acceptance of the donation by the donee.
C)Upon delivery of the object of donation.
D)Upon registration of the deed of donation.

Answer 1

When the donor comes to know of the acceptance of the donation by the donee.

Question 2

The deed of donation by A in favor of B states: "Donation Inter Vivos" but there is a provision that although the land donated shall be delivered to the donee immediately upon perfection of the same with right to enjoy the fruits of the land, it will pass to the donee after the death of the donor. After the donor's death, the heirs sought to recover the property. Will the action prosper?

A)No, because since the donation is a inter vivos, it took effect driving the lifetime of the donor.
B)No, because the donee has acquired ownership over the property.
C)Yes, because the donation is a donation mortis causa hence, it has to comply with the formalities of a will and since it did not, it is void. (Art. 728, NCC)
D)No, because a donation inter vivos is irrevocable.

Answer 2

Yes, because the donation is a donation mortis causa hence, it has to comply with the formalities of a will and since it did not, it is void. (Art. 728, NCC)

Question 3

A executed a deed of donation in favor of B and sent it to Ilocos Norte. One month later A became insane and still insane when he received the notice of acceptance of the donation. He died without recovering his sanity. Is the donation valid?

A)Yes, because at the time of the donation, he was capacitated.
B)Yes, because the acceptance can even be conveyed to his legal representatives.
C)Yes, because there is only one moment which must be considered inorder to determine the donor's capacity to make donation, that is the time of the making of the donation (Art. 737, NCC) when he offered to donate.
D)No, Article 737 declares that the donor's capacity shall be determined as of the time of the making of the donation and in relation to Article 734, NCC, the law declares that a donation is perfected from the moment the donor knows of the acceptance of the donation.

Answer 3

No, Article 737 declares that the donor's capacity shall be determined as of the time of the making of the donation and in relation to Article 734, NCC, the law declares that a donation is perfected from the moment the donor knows of the acceptance of the donation.

Question 4

State the nature of this donation: "I hereby donate to X "mortis causa" a 1000 square meter lot worth ₱10M subject to the condition that this donation shall be deemed revoked if he fails to build a house on the land worth ₱1M within one (1) year from date hereof and delivery shall be made after my death."

A)It is a donation mortis causa as intended.
B)It is a donation mortis causa since delivery will be made after death, it will be effective only from that time.
C)Donation inter vivos that is conditional, the designation not controlling and that the conditions indicate that it is inter vivos.
D)Mortis causa as it will take effect after death as delivery will confer ownership upon the done.

Question 5

"I hereby donate to A" a parcel of land subject to the condition that he will support me for the rest of my life, shoulder my hospitalization and burial expenses." What is the nature of the donation?

A)Remuneratory donation inter vivos.
B)Conditional donation inter vivos. (obligation imposed is merely a charge or burden whose value is less than the value of the thing given.)
C)Onerous donation inter vivos. (the obligation to defray the support, etc. indicates that such obligation is the consideration for the donation and vice versa. The properties donated are the conditions for the donation. (Art. 726, NCC. Laureta v. Mata, 46 Phil. 668. Concepcion v. Concepcion, 91 Phil. 823. Arts. 733 and 726, NCC)
D)Conditional donation which can be revoked.

Question 6

A donated a house and lot to B orally. Since then, B has been in possession for a period of 30 years declaring the same for taxation purposes. Is the donation valid?

A)No, the donation is void because it was not put into writing.
B)Yes, the oral donation can be the basis of a valid title because of laches.
C)No, the donation is void because it was not put into a public instrument.
D)Yes, the donation is valid because a contract can be valid in any form.

Question 7

A executed a deed of donation to the DECS subject to the condition that it be devoted for educational purposes. The DECS did not accept it in the same instrument or in an authentic writing but took possession of the property and constructed a school building. Twenty (20) years thereafter, it executed a deed of exchange with B for a bigger property. Can A revoke the donation?

A)A can ask for the recoveyance of the property because the donation is void as it was not accepted by DECS in the same instrument.
B)A cannot ask for reconveyance because there was acceptance thru DECS possession and compliance with the condition.
C)A can recover because DECS did not comply with the condition.
D)A cannot recover because of prescription.

Question 8

May a person sell that which he does not own?

A)No, otherwise the sale is void.
B)No, otherwise, the seller cannot confer ownership upon the vended.
C)Yes, provided that he is the owner at the time of the delivery.
D)No, otherwise, the buyer would be prejudiced.

Question 9

May a person donate that which he does not own?

A)Yes, provided that it is accepted by the donee.
B)Yes, provided that he can deliver it.
C)No, because he cannot confer ownership of something he does not own.
D)Yes, provided that the parties agree.

Question 10

May an oral donation propter nuptias be the basis of a title?

A)No, because it must be in a public instrument.
B)No, because it must be in writing.
C)Yes, through adverse possession for 30 years. (Pensader v. Pensader, 47 Phil. 459).
D)No, because it is not effective as a transfer of title. (Heirs of Maningding v. CA, 31 July 1987. Gesmundo v. CA, 23 December 1999).

Question 11

A executed a deed of donation in favor of B who accepted it. It however states that the donation will take effect upon A's death and B cannot alienate, but it further states that B can register the deed and obtain a title. What is the nature of the donation?

A)Mortis causa.
B)Conditional donation inter vivos.
C)Inter vivos.
D)Conditional donation mortis causa.

Question 12

A executed a conditional donation to B who accepted it. When B failed to comply, A sold it to C. Is the sale valid?

A)Yes, because of automatic revocation for failure to comply with the condition.
B)Yes, because A was exercising a right.
C)No, because of the absence of automatic revocation clause.
D)Yes, because he was still the owner at the time of the sale.

Question 13

What is the status of a conditional donation if the condition imposed is unlawful?

A)Donation is void because it contains an illegal condition.
B)Donation is valid but the condition is considered as not imposed.
C)Donation is unenforceable.
D)Donation is voidable.

Question 14

What kind of donation requires compliance with the elements of a valid will?

A)Donations mortis causa
B)Conditional donation
C)Donations inter vivos
D)Donations in consideration of marriage

Question 15

What is the effect if there is an illegal and impossible condition in a simple donation?

A)The illegality or impossibility of the condition will annul not only the condition but also the obligation even if the impossible condition is a condition not to do.
B)The illegality or impossibility of the condition will annul not only the condition but also the obligation unless the impossible condition is a condition not to do.
C)The donation is valid because the illegal or impossible condition is simply considered as not impose
D)Hence, the condition is void but the donation is valid.

Question 16

Is a swimming pool an attractive nuisance?

A)Yes, because it is attractive to persons of tender age at play.
B)Yes, if there are instruments and implements that make it different from an ordinary body of water.
C)No, because it is just a mere duplication of a body of water.
D)No, if the owner employed means to protect the lives and limbs of persons who enter into it.

Question 17

A executed a will in his handwriting with three (3) witnesses, one of whom is the notary public. The probate was contested on the ground that the notary public before whom it was acknowledged was one of the witnesses. How do you think the court will decide?

A)It will declare the will void because there are only two (2) witnesses.
B)It will declare the will void because the notary public cannot subscribe before himself.
C)It may grant the probate and consider it a holographic will
D)It will declare the will extrinsically void.

Question 18

The following are the questions which a probate court can determine, except:

A)Question on the identity of the will.
B)Question on the due execution of the will
C)Question of validity and nature of contracts
D)Question on the capacity of the testator.

Question 19

Of the enumeration below, which is not a limitation of fideicommissary substitution?

A)The substitution must not go beyond one degree from the heir originally instituted (Art. 863, NCC).
B)The fiduciary and the fideicommissary must be living at the time of the death of the testator (Art. 863).
C)The substitution can burden the legitime (Art. 864).
D)The substitution must be made expressly (Art. 865).

Question 20

In the will of Doña A, one of the beneficiaries is the wife of the minister who rendered aid to the testator during the latter's illness. Is she qualified?

A)No, because of the possibility of undue influence that may have been exerted by the minister.
B)No, because since the priest is disqualified, the will is a circumvention of the prohibition.
C)Yes, because the law extends the disqualification of priests and ministers of the gospel to their relatives within the fourth degree as well as the church, order chapter, community or institution to which they may belong. (Art. 1027(2).
D)No, because what cannot be done directly, it cannot be done indirectly.

Question 21

A left a gross estate of ₱600,000.00 and debts amounting to ₱60,000.00. He was survived by his wife, three (3) legitimate children, and acknowledged illegitimate child and an unacknowledged adulterous child. How will you divide the estate?

A)I will divide the estate giving ½ to the legitimates. ¼ to the wife and the rest to the two (2) illegitimates.
B)I will distribute it by giving ½ to the legitimates. same share as one of the legitimates to the widow. the illegitimates will get ½ of the share of each of the legitimates.
C)I will divide the estate equally among the legitimate children and the widow.
D)I will not give the illegitimates because of the iron curtain.

Question 22

The following can be considered as the rationale behind reserva troncal, except:

A)To reserve certain property in favor of certain relatives.
B)To maintain as absolutely as possible, with respect to the property to which it refers, a separation between the paternal and maternal lines, so that property of one line may not pass to the other, or through them to strangers.
C)To prevent persons outside of a family from securing, by some accident of life, property that would otherwise remain therein.
D)To show solidarity of the family.

Question 23

In relation to reserva troncal, the following statements are correct, except:

A)The reservista can sell the property, but subject to resolutory condition.
B)The reservatarios may rescind the contract of sale by the reservista upon the death of the reservista.
C)The reservista can sell because he acquires ownership of the reservable property subject to the resolutory condition that there must exist at the time of his death reservatarios.
D)The reservista can execute a will to dispose of the property subject of reserve to his own relatives.

Question 24

A executed a last will and testament instituting his parents, brothers and sisters. He did not institute his wife. Is the will valid is he did not institute his wife?

A)The will is valid because it is A's prerogative as to the persons whom he wishes to institute because a will is an act whereby a person is given the right to control to a certain degree the disposition of his estate to take effect after his death.
B)The will is valid because the wife is not an heir in direct line, hence there is no preterition.
C)The will is void because the wife is a compulsory heir of A.
D)The will is valid, anyway, the wife has a share in the conjugal partnership.

Question 25

One of the four (4) witnesses in the will of A is the notary public. Is the will valid?

A)The will is valid because the signature of the notary public is a mere surplusage.
B)The will us void because the notary public cannot subscribe before himself.
C)The will is valid because there is substantial compliance with the requirements of a will.
D)The will is valid especially so that the law must give tender care to the will because it is the voice of the testator even after his death.