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VVocatus · Bar Exam Practice

Civil Law, 2012 Bar — Question VII-4

Civil Law
2012 BarCivil LawQ. VII-4

ESSAY

John Sagun and Maria Carla Camua, British citizens at birth, acquired Philippine citizenship by naturalization after their marriage. During their marriage, the couple acquired substantial landholdings in London and in Makati. Maria begot three (3) children, Jorge, Luisito, and Joshur. In one of their trips to London, the couple executed a joint will appointing each other as their heirs and providing that upon the death of the survivor between them, the entire estate would go to Jorge and Luisito only but the two (2) could not dispose of nor divide the London estate as long as they live. John and Maria died tragically in the London subway terrorist attack in 2005. Jorge and Luisito filed a petition for probate of their parents' will before a Makati Regional Trial Court. Joshur vehemently objected because he was preterited. Is the testamentary prohibition against the division of the London estate valid? Explain. (1%)

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