Atty. Rabuya's Forecast
En Banc Aquino vs. Aquino (2021) – New interpretation of Art. 992 of the CC
The barrier rule is no longer applicable in the direct line. Thus, an illegitimate child may now inherit from the legitimate parent of the child’s natural or biological parent by representing the latter.
The right of representation in Art. 982 now applies to the illegitimate child. Art. 982 does not distinguish between legitimate and illegitimate grandchildren.
The prohibition under Art. 992 now applies only to intestate succession in the collateral line. Meaning, the illegitimate child is still prohibited to inherit from the legitimate children of his/her natural parent and the parent’s legitimate collateral relatives.
POLITICAL LAW: Civil Liability of Government Officials for Disallowed Benefits 💫⚖️
Under Sections 38 and 39, Chapter 9, Book I of the Administrative Code of 1987 and Madera v. Commission on Audit (2020), when a Notice of Disallowance is upheld, government officials who approved or certified the grant of disallowed benefits are civilly liable to return the disallowed amount only when they acted in evident bad faith, with malice, or were grossly negligent in the performance of their official duties.
#Awesambar2026 #StrivewithHopeandGrit #SuccessAchievedthroughMerit
POLITICAL LAW; Law on Public Officers: CHAIR'S CASE 📍
Under Waterfront Philippines, Inc. v. Social Security System (2021, J. Gaerlan), a government contract is entered into by a public officer acting as an agent of the State, whose contracting power is limited to his or her actual authority conferred by law.
Thus, the officer may enter into only contracts within the scope of such authority, and the government is bound only to the extent of the authority actually given.
Accordingly, a contract entered into beyond the officer’s actual authority does not bind or obligate the government.
A few days before the Bar, remember this:
You do not need to know everything.
At this point, what matters more than adding another hundred pages to your notes is protecting what you have already learned.
Sleep. Eat properly. Stay healthy. Keep your mind clear. Review what is important, but resist the temptation to measure your preparation by how many more materials you can finish.
The Bar is not won by the examinee who studied the most in the final few days. It is won by the examinee who arrives on exam day able to think clearly, recall what matters, spot the issue, and answer the question in front of them.
You have spent months—perhaps years—preparing for this.
Trust your preparation.
Your task now is not to become a different examinee before the Bar.
It is to make sure that the best version of the examinee you have already become shows up on exam day.
Take care of yourself.
We still have a Bar to pass.