Philippine Bar review · Question

Practice question: Collation

Multiple Choice Hard

Practice question

A decedent donated property to a compulsory heir. Collation is required, and no exception applies. The property's market value later increases greatly because of events after the donation. A co-heir demands collation at the later increased value solely because the estate is now being partitioned. Which rule does Article 1071 supply?
  1. The co-heir may choose any date producing the largest amount.
  2. Subsequent appreciation automatically belongs to the estate.
  3. All donated property is excluded merely because its value changed.
  4. The donation-time value is collated; subsequent increase is for the donee's benefit.
  5. The latest appraisal necessarily replaces the statutory valuation date.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1071.

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