Philippine Bar review · Question

Practice question: Legacies and Devises

Multiple Choice Hard

Practice question

A legatee expressly holds the choice in an alternative legacy but dies before choosing. The executor says the choice automatically returns to the executor and can never pass to heirs. What does Article 940 provide?
  1. The legacy always disappears
  2. The right of choice passes to the respective heirs under the provision
  3. The executor always acquires the asset personally
  4. Only a coin toss is lawful
  5. Every choice remains revocable forever

Legal references

  • Civil Code, Articles 876-885,889-901,919-921,934-940 and970-977: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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