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

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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."

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C

"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?

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C

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?

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B

May a person donate that which he does not own?

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

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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?

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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?

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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?

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

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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?

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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?

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

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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?

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

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

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

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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?

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

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

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

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