Civil Law, 2011 Bar — Question 71

MULTIPLE CHOICE

ML inherited from his father P5 million in legitime but he waived it in a public instrument in favor of his sister QY who accepted the waiver in writing. But as it happened, ML borrowed P6 million from PF before the waiver. PF objected to the waiver and filed an action for its rescission on the ground that he had the right to ML's P5 million legitime as partial settlement of what ML owed him since ML has proved to be insolvent. Does PF, as creditor, have the right to rescind the waiver? A) No, because the waiver in favor of his sister QY amounts to a donation and she already accepted it. B) Yes, because the waiver is prejudicial to the interest of a third person whose interest is recognized by law. C) No, PF must wait for ML to become solvent and, thereafter, sue him for the unpaid loan. D) Yes, because a legitime cannot be waived in favor of a specific heir; it must be divided among all the other heirs.

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