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Philippine Bar review · Question

Practice question: Distribution and Partition of the Estate (Rule 90)

Multiple Choice Medium

Practice question

The deceased expressly dispensed with collation of a donation. Does Article 1062 make that donation immune from reduction for inofficiousness?
  1. Yes, express dispensation always defeats every legitime.
  2. Yes, the donor can abolish compulsory succession by that sentence alone.
  3. Yes, even if the donation is proved inofficious.
  4. Yes, because collation and reduction are necessarily identical.
  5. No; the article preserves reduction when the donation is inofficious.

Legal references

  • Rules of Court, Rules 86-90, provisions specifically identified in the explanations: https://lawphil.net/courts/rules/rc_72-109_proceedings.html
  • Civil Code, Articles 1061-1077, collation in partition: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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