Right of Representations, IPRA, and Donation

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1
Succession is the mode of acquisition where a person's property, rights, and obligations are transmitted after death to another or others by will or by operation of law.
Succession
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A person whose property is transmitted through succession, whether or not he left a will, is called a
Decedent
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A decedent who left a will is called a
Testator
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A person called to succession either by a will or by operation of law is called a
Heir
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All the property, rights, and obligations of a person that are not extinguished by death are called
Inheritance
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The rights to succession are transmitted from the moment of the death of the
Decedent
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The succession that results from the designation of an heir made in a legally executed will is called
Testamentary succession
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The succession that takes place when a person dies without leaving a valid will is called
Legal or intestate succession
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The succession that is effected partly by will and partly by operation of law is called
Mixed succession
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A will acknowledged by the testator and witnesses before a notary public is called a
Notarial will
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A will entirely written, dated, and signed by the hand of the testator is called a
Holographic will
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The proceeding that determines whether a will was validly executed and whether the testator had testamentary capacity is called
Probate
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The part of the testator's property that cannot be disposed of because the law reserves it for certain heirs is called
Legitime
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Heirs to whom the law reserves a portion of the estate are called
Compulsory heirs
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The compulsory heirs who are children and descendants with respect to their legitimate parents and ascendants are the
Legitimate children and descendants
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In default of legitimate children and descendants, the compulsory heirs are the
Legitimate parents and ascendants
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The surviving husband or wife of the decedent who is legally married to the decedent is the
Widow or widower / surviving legal spouse
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Children recognized by law as natural children and natural children by legal fiction are included among the
Compulsory heirs
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Children conceived or born of a marriage that is void from the beginning are children included by
Legal fiction
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Children conceived after the annulment of a voidable marriage are included among children recognized by
Legal fiction
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Succession based on the presumed will of the decedent is called
Intestate succession
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The order of preference in intestate succession based on presumed love and affection is
Descendants, ascendants, then collaterals
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Legitimate children, adopted children, and illegitimate children belong to the
Descending direct line
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Parents and other ascendants belong to the
Ascending direct line
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Brothers, sisters, nephews, nieces, and other relatives in the side line belong to the
Collateral line
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The rule that the relative nearest in degree excludes the more distant relatives, subject to the right of representation, is the
General rule in intestate succession
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When descendants inherit directly from the decedent, they belong to the
Direct descending line
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When parents and other ascendants inherit from the decedent, they belong to the
Direct ascending line
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Legal or intestate succession takes place when a person dies without a
Will
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Legal or intestate succession also takes place when the decedent's will is
Void or has subsequently lost its validity
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When a will does not dispose of all the testator's property, legal succession applies to the property that was
Not disposed of
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When the instituted heir cannot inherit and there is no substitution or right of accretion, succession may take place by
Operation of law
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A person who has been found legally unworthy to inherit is considered
Incapable of becoming an heir
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A person convicted of attempting against the life of the testator, spouse, descendants, or ascendants may be
Unworthy to inherit
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A person who fraudulently, violently, or through intimidation or undue influence causes a testator to make or change a will may be
Unworthy to inherit
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A person who falsifies or forges a supposed will of the decedent is
Incapable of becoming an heir
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A priest who heard the confession of the testator during the testator's last illness may be
Incapable of becoming an heir under the stated rule
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A guardian receiving testamentary dispositions from a ward before final approval of guardianship accounts may be
Incapable of becoming an heir
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A person who attested to the execution of a will, subject to the stated legal restrictions, may be
Incapable of becoming an heir
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A physician, surgeon, nurse, health officer, or druggist who cared for the testator during the last illness may be
Incapable of becoming an heir
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The right by which a representative is raised by fiction of law to the place and degree of the person represented and acquires the rights the latter would have received is called
Right of representation
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Under Article 970, the right of representation is a right created by
Fiction of law
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The representative is called to the succession by
Law, not by the person represented
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A representative succeeds the person whom the represented person would have
Succeeded
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The right of representation takes place in the direct
Descending line
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The right of representation never takes place in the direct
Ascending line
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In the collateral line, representation takes place in favor of the children of
Brothers or sisters, whether of full or half blood
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In the collateral line, representation may take place in favor of
Nephews and nieces
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Under the stated rule, representation in the collateral line does not extend to
Grandnephews and grandnieces
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For representation to take place, the representative must be capable of
Succeeding the decedent
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When an estate is divided by representation, the division is made
Per stirpes
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Under per stirpes distribution, representatives cannot inherit more than what the person they represent would have inherited if that person were
Living or capable of inheriting
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When children of one or more brothers or sisters survive together with their uncles or aunts, they may inherit by
Representation
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When the children of the brothers or sisters are the only survivors, they inherit in
Equal portions
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A person may represent a person whose inheritance he has
Renounced
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Renouncing one inheritance does not necessarily prevent a person from inheriting through
Representation in another succession
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Heirs who repudiate their share may not be
Represented
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The law that recognizes, protects, and promotes the rights of Indigenous Cultural Communities and Indigenous Peoples is the
Indigenous Peoples Rights Act of 1997 (IPRA)
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The law enacted on October 29, 1997, to recognize, protect, and promote the rights of ICCs/IPs is the
IPRA
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The government agency created by IPRA to formulate and implement policies, plans, and programs for ICCs/IPs is the
National Commission on Indigenous Peoples (NCIP)
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The agency under the Office of the President that is primarily responsible for recognizing, protecting, and promoting ICC/IP rights is the
NCIP
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The ancestral lands and domains recognized through native title are associated with the rights of
Indigenous Cultural Communities and Indigenous Peoples
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The legal concept recognizing the pre-conquest rights of ICCs/IPs to lands and domains that were never public lands is called
Native title
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The title formally recognizing the rights of ICCs/IPs over ancestral domains identified and delineated under IPRA is the
Certificate of Ancestral Domain Title (CADT)
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The title formally recognizing the rights of ICCs/IPs over ancestral lands is the
Certificate of Ancestral Land Title (CALT)
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Claims on land, resources, and rights belonging to the whole community within a defined territory are called
Communal claims
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The body of written or unwritten rules, usages, customs, and practices traditionally and continually recognized by ICCs/IPs is called
Customary laws
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The consensus of ICC/IP members obtained according to customary laws and without external manipulation, interference, or coercion is called
Free and Prior Informed Consent (FPIC)
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A group of people or homogeneous societies identified by self-ascription and ascription by others, living as an organized community in a communally bounded territory and sharing cultural traits, is an
Indigenous Cultural Community / Indigenous People
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Organizational and cultural leadership systems and decision-making institutions identified by ICCs/IPs are called
Indigenous political structures and governance
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Claims on land and rights that have been devolved to individuals, families, and clans are called
Individual claims
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The period extending as far back as memory can go during which ICCs/IPs are known to have occupied and used a territory under a claim of ownership is called
Time immemorial
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The rights of ICCs/IPs to sustainably use, manage, protect, and conserve land, air, water, minerals, plants, animals, sacred sites, and other valuable areas are called
Rights to ancestral domains and lands / resource rights
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The four major categories of rights recognized under IPRA are
Right to ancestral domains and lands; right to self-governance and empowerment; right to social justice and human rights; right to cultural integrity
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The right of ICCs/IPs to own their ancestral lands and domains is the
Right to ownership
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The right of ICCs/IPs to develop lands and natural resources within their territories is the
Right to develop lands and natural resources
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The right of ICCs/IPs to remain in their ancestral territories is the
Right to stay in the territories
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The right concerning ICCs/IPs who are displaced from their territories is the
Right in case of displacement
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The right of ICCs/IPs to regulate the entry of migrants into their territories is the
Right to regulate entry of migrants
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The right of ICCs/IPs to safe and clean air and water is the
Right to safe and clean air and water
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The right of ICCs/IPs to claim parts of reservations is the
Right to claim parts of reservations
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The right of ICCs/IPs to resolve conflicts within their communities is the
Right to resolve conflict
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The right of ICCs/IPs to transfer land or property is the
Right to transfer land/property
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The right allowing ICCs/IPs to recover property under the conditions provided by law is the
Right to redemption
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The responsibilities of ICCs/IPs occupying a duly certified ancestral domain include maintaining ecological balance, restoring denuded areas, and
Observing laws
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The government commission created by IPRA to protect and promote the rights of ICCs/IPs is the
National Commission on Indigenous Peoples (NCIP)
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The NCIP is composed of how many commissioners belonging to ICCs/IPs?
Seven commissioners
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The right of ICCs/IPs to determine and decide their own priorities for development affecting their lives, beliefs, institutions, spiritual well-being, and lands is the
Right to determine and decide priorities for development
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The special measures for improving the economic and social conditions of ICCs/IPs include employment, vocational training, housing, sanitation, health, and
Social security
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The right of ICCs/IPs to manifest, practice, develop, and teach their spiritual and religious traditions is a
Right to religious, cultural sites and ceremonies
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The right of ICCs/IPs to maintain, protect, and have access to their religious and cultural sites is part of the
Right to religious, cultural sites and ceremonies
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The right of ICCs/IPs to use and control ceremonial objects is part of the
Right to religious, cultural sites and ceremonies
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The right of ICCs/IPs to repatriation of human remains is part of the
Right to religious, cultural sites and ceremonies
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The right of ICCs/IPs to full ownership, control, and protection of their cultural and intellectual rights is the
Right to Indigenous Knowledge Systems and Practices and to Develop Own Sciences and Technologies
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The law providing that ICCs/IPs have priority rights in harvesting natural resources within ancestral domains is
IPRA, Section 57
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A donation is an act of liberality whereby a person gratuitously disposes of a thing or right in favor of another who
Accepts it
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The person who gives a donation is called the
Donor
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The person who receives a donation is called the
Donee
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A donation made because of the donee's merits or services that do not constitute a demandable debt is also a
Donation
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A donation that imposes a burden on the donee that is less than the value of the thing given is also a
Donation
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Illegal or impossible conditions in simple and remuneratory donations are considered
Not imposed
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A donation intended to take effect upon the death of the donor is treated as a
Testamentary provision
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A donation intended to take effect during the donor's lifetime is called a
Donation inter vivos
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A donation inter vivos may have delivery of the property postponed until after the donor's death while still remaining a
Donation inter vivos
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The fruits of donated property after acceptance generally pertain to the
Donee
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A donation subject to the resolutory condition of the donor's survival is a
Donation inter vivos
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Donations inter vivos are governed by the general provisions on
Contracts and obligations, when not otherwise determined by the Title on Donations
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A donation with an onerous cause is governed by the rules on
Contracts
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A remuneratory donation is governed by the provisions on donations for the portion that exceeds the value of the
Burden imposed
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A donation is perfected from the moment the donor knows of the
Acceptance by the donee
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A person who may contract and dispose of property may generally
Make a donation
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Guardians and trustees cannot donate property
Entrusted to them
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The donor's capacity is determined at the time of
Making the donation
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Persons not specially disqualified by law may generally
Accept donations
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A donation made between persons guilty of adultery or concubinage at the time of donation is
Void
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A donation made between persons found guilty of the same criminal offense in consideration thereof is
Void
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A donation made to a public officer or the officer's spouse, descendants, or ascendants by reason of the officer's office is
Void
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Incapacity to succeed by will is also applicable to
Donations inter vivos
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Minors and persons unable to contract may become donees, but acceptance must be made by their
Parents or legal representatives
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A donation to a conceived and unborn child may be accepted by the persons who would legally represent the child if the child were
Already born
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A donation to an incapacitated person is
Void
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A donee must personally accept a donation or accept through an authorized person with the required
Power
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Acceptance of a donation must be made during the lifetime of both the
Donor and donee
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A movable donation may generally be made
Orally or in writing
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An oral donation of a movable requires simultaneous delivery of the thing or the document representing the
Right donated
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If the value of donated personal property exceeds ₱5,000, the donation and acceptance must be
In writing
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For an immovable donation to be valid, it must be made in a
Public document
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A public document for an immovable donation must specify the property donated and the value of the
Charges the donee must satisfy
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Acceptance of an immovable donation may be made in the same deed or in a separate
Public document
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If acceptance of an immovable donation is made in a separate instrument, the donor must be notified in
Authentic form
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A donation may cover all or part of the donor's present property provided the donor reserves sufficient means for
His own support and the support of relatives legally entitled to support
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A donation cannot include
Future property
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Future property refers to anything the donor cannot dispose of at the time of the
Donation
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A person cannot give or receive by donation more than he may give or receive by
Will
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A donation exceeding the allowable limitation is called
Inofficious
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When a donation is made jointly to several persons, they generally receive
Equal shares
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The right of accretion generally does not exist among several joint donees unless the donor
Provides otherwise
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For a joint donation to a husband and wife, there is generally a right of
Accretion
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The donee is subrogated to the donor's rights and actions in case of
Eviction
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The donor is generally not obliged to warrant donated property except when the donation is
Onerous
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A donor who reserves the right to dispose of some donated property but dies without exercising that right leaves the reserved property to the
Donee
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Ownership may be donated to one person while usufruct is donated to another or others if all donees are
Living at the time of donation
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A reversion may validly be established in favor of the
Donor
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A reversion in favor of third persons is valid only if those persons are
All living at the time of donation
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When a donation requires the donee to pay the donor's debts without a contrary declaration, the donee is liable only for debts previously
Contracted
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The donee is not responsible for debts exceeding the value of the donated property unless
A contrary intention clearly appears
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When there is no stipulation regarding payment of debts, the donee is liable when the donation was made in
Fraud of creditors
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A donation is presumed to be in fraud of creditors when the donor failed to reserve sufficient property to pay
Prior debts
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A donation inter vivos by a person without children or descendants may be revoked or reduced if the donor later has
Children
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A donation may be revoked or reduced if a child believed dead when the donation was made is later found to be
Alive
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A donation may be revoked or reduced if the donor subsequently
Adopts a minor child
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When a donation is revoked or reduced because of the birth, appearance, or adoption of a child, it is reduced insofar as it exceeds the portion freely disposable by
Will
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When property affected by revocation or reduction has been sold, its
Value must be returned
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The action for revocation or reduction based on the birth, appearance, or adoption of a child generally prescribes after
Four years
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A donation may be revoked when the donee fails to comply with a condition imposed by the
Donor
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When a donation is revoked for failure to comply with a condition, the donated property shall be
Returned to the donor
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The action for revocation based on noncompliance with a donation condition prescribes after
Four years
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A donation may also be revoked by the donor because of
Ingratitude
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