Monday, January 19, 2009

Philippine bar exam questions 2008 (Civil Q12)

Ernesto, an overseas Filipino worker, was coming home to the Philippines after working for so many years in the Middle East. He had saved P100,000 in his savings account in Manila which he intended to use to start a business in his home country. On his flight home, Ernesto had a fatal heart attack. He left behind his widowed mother, his common-law wife and their twin sons. He left no will, no debts, no other relatives and no other properties except the money in his savings account. Who are the heirs entitled to inherit from him and how much should each receive? (3%)

1 comment:

  1. The mother will be excluded. Under the Civil Code,common law wife can inherit if they lived with each other with no legal impediment.Children can inherit also as legitimate heirs.Here, there is no showing that the common law wife has legal impediment to marry. Hence, both the common law wife and their children could inherit.The mother of the deceased will get nothing.

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