Philippine Bar review · Question

Practice question: Legitime

Multiple Choice Hard

Practice question

A testator leaves two legitimate children as the only compulsory heirs and a P12 million estate base, with no relevant donations. The will gives Child A P1 million, Child B P3 million, and a friend P8 million as a legacy. Child A demands the shortfall. Which result respects Articles 906 and 907?
  1. The friend keeps P8 million because any written preference defeats legitimes
  2. Child A may demand P2 million to complete the P3 million legitime, with the excessive testamentary gift reduced as necessary
  3. Child A receives the whole P12 million
  4. Child B must lose the entire P3 million legitime
  5. Child A has no remedy because something was left

Legal references

  • Civil Code Articles 886–888 and 904–914: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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