Civil Law, 2011 Bar — Question 92

MULTIPLE CHOICE

X owed Y P1.5 million. In his will, X gave Y a legacy of P1 million but the will provided that this legacy is to be set off against the P1.5 million X owed Y. After the set off, X still owed Y P500,000. Can Y still collect this amount? A) Yes, because the designation of Y as legatee created a new and separate juridical relationship between them, that of testator-legatee. B) It depends upon the discretion of the probate court if a claim is filed in the testate proceedings. C) No, because the intention of the testator in giving the legacy is to abrogate his entire obligation to Y. D) No, because X had no instruction in his will to deliver more than the legacy of P1 million to Y.

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