Read each question carefully and then answer it directly, concisely and clearly. Start each number on a separate page and answer to a sub-question under the same number may be written continuously on the same and immediately succeeding pages until completed. Do not repeat the questions. A mere "Yes" or "No" answer without explanation or discussion will not be given any credit.
I. A. What is partition?
B. How do you distinguish judicial from extrajudicial partition?
C. Is it necessary that the partition be entrusted to any of the heirs in order that the same be fully effective?
D. Will the partition be valid among the heirs even if the will has not been probated?
E. If only one (1) heir survives the decedent, is there a need for judicial declaration of his heir-ship?
II. JokJok during his marriage with this second wife Gracia acquired ten (10) hectares of coconut land. He likewise left ten (10) million pesos. They agreed to extrajudicially partition the estate. Upon learning of the project of partition, his five (5) children of the previous marriage claim their allege lawful shares. The heirs of the second marriage opposed the claims contending that the same was earned during the second marriage and therefore should exclusively belong to them. Rule on their respective positions giving your reasons. Furthermore, apportion or illustrate their respective shares if any.
III. On his deathbed, Moymoy orally prohibited his compulsory heir, his brothers and a friend, the partition of his ten (10) hectares fruit tree plantation, being a product of his hardwork, including his residential and prime commercial lots for a period of twenty (25) years so that it will remain intact.
A. May the prohibition be respected?
B. If the majority of the heirs, mutually agree to partition the property without the knowledge and consent of the others, can they validly do so?
C. If instead of subdividing the properties, they mutually agree to sell the property in violation of the desire of the decedent. Will the act be valid and legal?
D. Does the prohibition to partition apply only to the free portion?
IV. Pending liquidation of estate, Berting sold his shares out of financial problems to Padring (stranger). Her sister, Berta, angrily seeks your legal opinion as to the legality and validity of the sale contending that it is a "sale of future inheritance". Is she correct?
Furthermore, she now ask your legal opinion whether or not she is allowed by law to exercise her right of redemption after three months from her notice of sale via registered letter.
V. A testator during his last illness confessed to a priest who happened to be his only son. In his will, made shortly after the confession, the testator gave his only son-priest P700,000 out of an estate worth of 1 million pesos. The remaining P300,000 was given to his friend Babe. Then the testator died.
A. How much if any, will the son-priest inherit? Why?
B. How much will the friend get? Why?
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