INSTITUTION OF HEIRS Section 703 provides that actions to recover title or

possession of real property, actions to recover damages for

1SANTOS VS MANARANG, 27 PHIL 209 (1914) injury to person or property, real and personal, and actions to
recover the possession of specified articles of personal
property, shall survive, and may be commenced and
FACTS: prosecuted against the executor or administrator; "but all
other actions commenced against the deceased before his
Don Lucas de Ocampo, who died on November 18, 1906, death shall be discontinued and the claims therein involved
possessed real and personal properties, which he left to this presented before the committee as herein provided."
three (3) children by his last will and testament. The fourth
clause of the said will stipulated he had a list of debts that he Section 708 provides that a claim secured by a mortgage or
wanted his wife and executors to pay. Among the debts other collateral security may be abandoned and the claim
mentioned are in favor of Isidro Santos, the plaintiff of this prosecuted before the committee, or the mortgage may be
case. foreclosed or the security be relied upon, and in the event of
a deficiency judgment, the creditor may, after the sale of
A probate of Don Lucas de Ocampo’s was then conducted mortgage or upon the insufficiency of the security, prove
where a committee was appointed to hear and determine such deficiency before the committee on claims.
claims against the estate. The committee submitted its report
to the court, but the claim of Isidro Santos as regards to the There are also certain provisions in section 746 et seq., with
late de Ocampo’s debt to him was excluded in the same. reference to the presentation of contingent claims to the
committee after the expiration of the time allowed for the
Santos filed a petition to the court asking that the committee presentation of claims not contingent.
be required to reconvene and pass upon (note: “pass upon,”
defined in legal terms means to be conveyed or transferred The claims of Santos did not fall within any of these sections
by will, deed, or other instrument of conveyance) his claims because they are described in the will as “debts”. There is
against the estate which were recognized in the will of nothing in the will to indicate that any or all of them are
testator. He argued that he was not given due notice by the contingent claims, claims for the possession of or title to real
committee to present his claim. The court denied the petition. property, damages for injury to person or property, real or
personal, or for the possession of specified articles of
Aggrieved, Santos instituted proceedings against Leandra personal property. Nor is it asserted by Santos that they do.
Manarang, the administratrix of de Ocampo’s estate to The conclusion is that they were claims proper to be
recover the sums mentioned in the will as due him. However, considered by the committee.
the court ruled in favor of Manarang. Hence, this appeal.
So when and under what circumstances may the committee
ISSUES: be recalled to consider belated claims?
Whether or not the lower court erred in refusing to reconvene The Supreme stressed the provisions of Section 689:
the committee for the purpose of considering plaintiff's
claims. (NO)
That court shall allow such time as the
circumstances of the case require for the creditors
Whether or not the court erred in dismissing his petition
to present their claims the committee for
wherein he asks that the administratrix be compelled to pay
examination and allowance; but not, in the first
over to him the amounts mentioned in the will as debts due
instance, more than twelve months, or less than six
him. (NO)
months; and the time allowed shall be stated in the
commission. The court may extend the time as
RULING:
circumstances require, but not so that the whole
time shall exceed eighteen months.
As to the first issue, the Supreme Court held that the lower
court did not err in refusing to reconvene the committee for
the purpose of considering plaintiff's claims because his It cannot be questioned that thus section supersedes the
claims were not included among those that the said ordinary limitation of actions provided for in chapter 3 of the
committee was authorized by law to pass upon (please refer Code. It is strictly confined, in its application, to claims
to above definition). against the estate of deceased persons, and has been
almost universally adopted as part of the probate law of the
The Court pointed out the following provisions of the law as United States. It is commonly termed the statute of
regards to the determination if the claims of Santos really nonclaims (note: it is defined as neglect or failure to make a
deserved a reconvening of the committee that was appointed demand within the time limited by law), and its purpose is to
to hear and determine claims against the estate of Don settle the affairs of the estate with dispatch, so that residue
Lucas de Ocampo: may be delivered to the persons entitled thereto without their
being afterwards called upon to respond in actions for
Section 686 empowers the committee to try and decide claims, which, under the ordinary statute of limitations, have
claims which survive against the executors and not yet prescribed.
administrators, even though they be demandable at a future
day "except claims for the possession of or title to real The object of the law in fixing a definite period
estate." within which claims must be presented is to insure
the speedy settling of the affairs of a deceased
Section 700 provides that all actions commenced against the person and the early delivery of the property of the
deceased person for the recovery of money, debt, or estate in the hands of the persons entitled to
damages, pending at the time the committee is appointed, receive it. (Estate of De Dios, 24 Phil. Rep., 573.)
shall be discontinued, and the claims embraced within such
actions presented to the committee. The Supreme also highlighted the provisions of Section 690:
 On application of a creditor who has failed to time. A debt arises from an obligation recognized by law (art.
present his claim, if made within six months after 1089, Civil Code) and once established, can only be
the time previously limited, or, if a committee fails to extinguished in a lawful manner. (Art. 1156, id.) Debts are
give the notice required by this chapter, and such demandable and must be paid in legal tender.
application is made before the final settlement of Legacies may, and often do, consist of specific articles of
the estate, the court may, for cause shown, and on personal property and must be satisfied accordingly. In order
such terms as are equitable, renew the commission to collect as legacy the sum mentioned in the will as due
and allow further time, not exceeding one month, him, the plaintiff must show that it is in fact a legacy and not
for the committee to examine such claim, in which a debt. As he has already attempted to show that this sum
case it shall personally notify the parties of the time represents a debt, it is an anomaly to urge now it is a legacy.
and place of hearing, and as soon as may be make
the return of their doings to the court. Was it the intention of the testator to leave the plaintiff a
legacy of P7,454? We have already touched upon this
If the committee fails to give the notice required, that is a question. Plaintiff's claim is described by the testator as a
sufficient cause for reconvening it for further consideration of debt. It must be presumed that he used this expression in its
claims which may not have been presented before its final ordinary and common acceptation; that is, a legal liability
report was submitted to the court. But, as stated above, this existing in favor of the plaintiff at the time the will was made,
is not the case made by the plaintiff, as the committee did and demandable and payable in legal tender. Had the
give the notice required by law. testator desired to leave a legacy to the plaintiff, he
would have done so in appropriate language instead of
Where the proper notice has been given the right to have the including it in a statement of what he owed the plaintiff.
committee recalled for the consideration of a belated claim
appears to rest first upon the condition that it is presented The decedent's purpose in listing his debts in his will is set
within six months after the time previously limited for the forth in the fourth clause of the will, quoted above. There is
presentation of claims. In the present case the time nothing contained in that clause which indicates, even
previously limited was six months from July 23, 1907. This remotely, a desire to pay his creditors more than was legally
allowed the plaintiff until January 23, 1908, to present his due them.
claims to the committee. However, the petition of Santos
was presented on July 14, 1909. 2HEIRS OF PM URITA, SR. VS HEIRS OF LM URITA, 657
SCRA 555 (2011)
The Court concluded the first issue by saying that the maxim
“ignorantia legis neminem excusat” or ignorance of the law
FACTS: In his lifetime, Alfonso Ureta (Alfonso) begot 14
excuses no one since in this case, Santos took too long to
children (Policronio, Liberato, Narciso, Prudencia, Vicente,
realize his mistake and now seeks to assert his right when
Francisco, Inocensio, Roque, Adela, Wenefreda, Merlinda,
they have been lost through his own negligence. 
Benedicto, Jorge, and Andres) The children/heirs of
Policronio, are opposed to the rest of Alfonso’s children and
As to the second issue, the Supreme Court ruled that the
their descendants (Heirs of Alfonso). Alfonso was financially
court did not err in dismissing the petition of Santos wherein
well-off during his lifetime. He owned several fishpens, a
he asks that the administratrix be compelled to pay over to
fishpond, a sari-sari store, a passenger jeep, and was
him the amounts mentioned in the will as debts due him.
engaged in the buying and selling of copra. Policronio, the
eldest, was the only child of Alfonso who failed to finish
While the Court concedes to the maxim, dicat testor et erit
schooling and instead worked on his father’s lands.
lex or "the will of the testator is the law of the case," the law
imposes certain restrictions upon the testator, not only as to
Alfonso, Policronio, Liberato, Prudencia, and Francisco, met
the disposition of his estate, but also as to the manner in
at the house of Liberato. Francisco, who was then a
which he may make such disposition.
municipal judge, suggested that in order to reduce the
inheritance taxes, their father should make it appear that he
Obviously, the plaintiff is not seeking possession of or title to
had sold some of his lands to his children. Accordingly,
real property or specific articles of personal property.
Alfonso executed four (4) Deeds of Sale covering several
When a committee is appointed as herein provided, no
parcels of land in favor of Policronio, Liberato, Prudencia,
action or suit shall be commenced or prosecute against the
and his common-law wife, Valeriana Dela Cruz. The Deed of
executor or administrator upon a claim against the estate to
Sale in favor of Policronio covered six parcels of land, which
recover a debt due from the state; but actions to recover the
are the properties in dispute in this case. Since the sales
seizing and possession of real estate and personal chattels
were only made for taxation purposes and no monetary
claimed by the estate may be commenced against him. (Sec.
consideration was given, Alfonso continued to own, possess
699, Code Civ. Proc.)
and enjoy the lands and their produce.
The sum of money prayed for in the complaint must be due
When Alfonso died, Liberato acted as the administrator of his
the plaintiff either as a debt of a legacy. If it is a debt, the
father’s estate. He was later succeeded by his sister
action was erroneously instituted against the administratrix.
Prudencia, and then by her daughter, Carmencita Perlas.
Is it a legacy?
Except for a portion of parcel 5, the rest of the parcels
transferred to Policronio were tenanted by the Fernandez
It is clear that this committee has nothing to do with legacies.
Family. These tenants never turned over the produce of the
It is true that a debt may be left as a legacy, either to the
lands to Policronio or any of his heirs, but to Alfonso and,
debtor (in which case it virtually amounts to a release), or to
later, to the administrators of his estate.
a third person. But this case can only arise when the debt is
an asset of the estate. It would be absurd to speak of a
Policronio died. Except for the said portion of parcel 5,
testator's leaving a bare legacy of his own debt. (Arts. 866,
neither Policronio nor his heirs ever took possession of the
878, Civil Code.)
subject lands.
The creation of a legacy depends upon the will of the
Alfonso’s heirs executed a Deed of Extra-Judicial Partition,
testator, is an act of pure beneficence, has no binding
which included all the lands that were covered by the
force until his death, and may be avoided in whole or in
aforementioned four (4) deeds of sale. Conrado, Policronio’s
part by the mere with whim of the testator, prior to that
eldest son, representing the Heirs of Policronio, signed the ISSUE: W/N Article 842 is applicable in the case at bar.
Deed of Extra-Judicial Partition in behalf of his co-heirs.
RULING: No.
After their father’s death, the Heirs of Policronio found tax
declarations in his name covering the six parcels of land and Article 842 of the Civil Code provides:
they obtained a copy of the Deed of Sale executed by Art. 842. One who has no compulsory heirs may dispose
Alfonso in favor of Policronio. Not long after, the Heirs of by will of all his estate or any part of it in favor of any person
Policronio allegedly learned about the Deed of Extra-Judicial having capacity to succeed.
Partition involving Alfonso’s estate when it was published in
the Aklan Reporter. Believing that the six parcels of land One who has compulsory heirs may dispose of his estate
belonged to their late father, and as such, excluded from the provided he does not contravene the provisions of this Code
Deed of Extra-Judicial Partition, the Heirs of Policronio with regard to the legitime of said heirs.
sought to amicably settle the matter with the Heirs of
Alfonso. Earnest efforts proving futile, the Heirs of Policronio This article refers to the principle of freedom of disposition by
filed a Complaint for Declaration of Ownership, Recovery of will. What is involved in the case at bench is not a disposition
Possession, Annulment of Documents, Partition, and by will but by Deed of Sale. Hence, the Heirs of Alfonso need
Damages9 against the Heirs of Alfonso before the RTC not first prove that the disposition substantially diminished
where the following issues were submitted: (1) whether or their successional rights or unduly prejudiced their legitimes.
not the Deed of Sale was valid; (2) whether or not the Deed
of Extra-Judicial Partition was valid; and (3) who between the (Preterition (Art. 854) has been defined as the total omission
parties was entitled to damages. of a compulsory heir from the inheritance. It consists in the
silence of the testator with regard to a compulsory heir,
RTC: dismissed the Complaint of the Heirs of Policronio and omitting him in the testament, either by not mentioning him
ruled in favor of the Heirs of Alfonso. It found that, among at all, or by not giving him anything in the hereditary property
others, the Heirs of Alfonso clearly established that the Deed but without expressly disinheriting him, even if he is
of Sale was null and void; that although tax declarations mentioned in the will in the latter case. Preterition is thus a
were issued in the name of Policronio, he or his heirs never concept of testamentary succession and requires a will. In
took possession of the subject lands except a portion of the case at bench, there is no will involved. Therefore,
parcel 5; and that all the produce were turned over by the preterition cannot apply.)
tenants to Alfonso and the administrators of his estate and
never to Policronio or his heirs; that there was no money 3DEL ROSARIO VS DEL ROSARIO, 2 PHIL 34 (1903)
involved in the sale, even granting that there was, as claimed
by the Heirs of Policronio, P2,000.00 for six parcels of land,
the amount was grossly inadequate; and that the aggregate FACTS: Don Nicolas del Rosario died in this city on July 14,
area of the subject lands was more than double the average 1897, leaving a last will, the eighth, ninth, eleventh, and
share adjudicated to each of the other children in the Deed eighteenth clauses of which are as follows:
of Extra-Judicial Partition. The Deed of Extra-Judicial
Partition, on the other hand, was declared valid as all the "Eighth. The testator declares that the 5,000 pesos which he
heirs of Alfonso were represented and received equal shares brought to his marriage he hereby bequeaths to his nephews
and all the requirements of a valid extra-judicial partition Enrique Gloria y Rosario and Ramon del Rosario, natural
were met. children of his brother Clemente del Rosario,
notwithstanding the fact that they purport to be the issue of
CA: it affirmed the finding of the RTC that the Deed of Sale the marriage of Escolastico Gloria and Rosendo del Rosario,
was void but annulled the Deed of Extra-Judicial Partition successively.
due to the incapacity of one of the parties to give his consent
to the contract. It held that before Conrado could validly bind "Ninth. The testator declares that the said sum of 5,000
his co-heirs to the Deed of Extra-Judicial Partition, it was pesos is to be divided, 3,000 pesos for the first named and
necessary that he be clothed with the proper authority. The 2,000 pesos for the second named, the delivery of the said
CA ordered the remand of the case to the RTC for the proper sums to be effected by the wife of the testator, provided that
partition of the estate, with the option that the parties may these young men behave themselves as they have done up
still voluntarily effect the partition by executing another to the present time, and do not cease to study until taking
agreement or by adopting the assailed Deed of Partition with the degree of bachelor of arts, and then take a business
the RTC’s approval in either case. Otherwise, the RTC may course, if their health will permit, their support to be paid out
proceed with the compulsory partition of the estate in of the testamentary estate and they to live in the house of
accordance with the Rules. the widow.

MRs by the respective parties were denied by the CA for "Eleventh. The testator declares that in case the said young
lack of merit. Hence, the present Petitions for Review on men should be still engaged in study at the time of the death
Certiorari. of the testator’s wife, they shall continue to be supported at
the expense of the testamentary estate, without deducting
The Heirs of Policronio argued that, among other things, such expenses from their legacies, if they should desire to
even assuming that the Heirs of Alfonso have an interest in continue the same studies.
the Deed of Sale, they would still be precluded from
questioning its validity. They posited that the Heirs of Alfonso "Eighteenth. The testator further states that although his wife
must first prove that the sale of Alfonso’s properties to is at the present time fifty-five years of age, and
Policronio substantially diminished their successional rights consequently is not likely to marry again, as she herself
or that their legitimes would be unduly prejudiced, says, nevertheless it is possible that the opposite of what
considering that under Article 842 of the Civil Code, one who she asserts might occur, and, if so, then it is to be regarded
has compulsory heirs may dispose of his estate provided as sufficient reason to authorize the young men Ramon and
that he does not contravene the provisions of the Civil Code Enrique, so often referred to, to separate from their aunt, in
with regard to the legitime of said heirs. Having failed to do which event they are to be supported by the testamentary
so, they argued that the Heirs of Alfonso should be estate on a small allowance of twenty-five pesos per month,
precluded from questioning the validity of the Deed of Sale. provided that they continue their studies or should be in poor
health, this without in any respect reducing the amount of known; but upon the death of her sister-in-law, Doña Luisa,
their shares." then her share shall not pass in its entirety to her male
children, except the sum of 1,000 pesos, and the remainder
Don Ramon del Rosario, one of the persons mentioned in shall be paid to her nephews, Don Enrique Gloria and Don
these clauses, brought this action in 1902 against Don Ramon del Rosario, natural children of her brother-in-law
Clemente del Rosario, the then executor, asking, among Don Clemente del Rosario."
other things, that the said executor pay him an allowance
from the death of the widow of the testator at the rate of 75 Doña Luisa died one year after Don Nicolas and two years
pesos a month, and that the executor allow him to live in the before the death of Doña Honorata, which, as has been said,
house in which the widow was living at that time. The widow occurred on July 7, 1900. Don Enrique Gloria died on July 6,
of the testator, Doña Honorata Valdez, died on July 7, 1900. 1900.

The court below ordered judgment in respect to this Don Ramon del Rosario claims in this action that he is now
allowance, and the right to live in the house as prayed for by entitled, by virtue of both wills, to a certain part of the share
the plaintiff. of the estates left to said Doña Luisa during her life, and he
asks that the defendant be directed to render accounts and
While by the eighth clause the support of the plaintiff and of to proceed to the partition of the said estates. The
Don Enrique Gloria is charged against the estate, yet the controversy between the parties upon this branch of the case
eleventh clause makes it plain that this unconditional right is as follows:
was to last only during the lifetime of the widow. After her
death the right to this allowance is made to depend on the Defendant: The defendant claims that the plaintiff is entitled
continuance of their studies. That this is the correct to nothing under the wills, because the gift to him was
construction of the will is made more plain by the eighteenth conditional, the condition being that he should be the natural
clause above quoted. In the case of their separation from son of Don Clemente, recognized by the latter as such in
their aunt by her remarriage, they were entitled to the one of the ways pointed out by the Civil Code; that he cannot
specified allowance of 25 pesos a month only on condition prove such recognition, the parol evidence presented at the
that they were pursuing, their studies or were in poor health. trial being prohibited by said Code, and that he has therefore
The plaintiff was still pursuing his studies. On the contrary, not complied with the condition.
he found that the plaintiff had fulfilled the condition by
obtaining the degree of bachelor of arts in 1898. Plaintiff: The plaintiff claims that such evidence was proper,
that both wills state that Don Ramon del Rosario is the
The right to live in the house of the widow terminated at her natural son of Don Clemente, and that in any event the
death. bequests are made to the plaintiff by name.

The seventh clause of the will of Don Nicolas is was later The court below, holding the parol evidence immaterial,
modified by a codicil, as follows: ordered judgment for the plaintiff as prayed for.

"That in the seventh clause of said testament he desires and ISSUE: Whether or not the plaintiff is entitled as an heir
wills that in the distribution of his property and that of his wife
among the male children of his brothers, Clemente and RULING: Yes. Where legatees are pointed out by name in
Rosendo del Rosario, and those of his sister, Luisa del the will the fact that they are referred to as the natural sons
Rosario, in such distribution his nephews Enrique Gloria and of a third person does not make the legacy conditional upon
Ramon del Rosario must be understood to be included, in proof of such relationship but is descriptive merely.
addition to the legacies mentioned in his said testament."
So far as the disposition of that part of the inheritance left in
The thirteenth clause of his will was modified by the codicil the aunt’s will to Doña Luisa for life is concerned, the
as follows: question is free from doubt. It is distinctly declared that
Ramon del Rosario and Enrique Gloria shall take certain
"That in the thirteenth clause the testator provided that upon parts of it after 1,000 pesos have been deducted. They are
the death of his sister, Luisa del Rosario, her male children pointed out by name as the legatees. It is true that they are
were to inherit from her up to the sum of 1,000 pesos, and called the natural sons of Don Clemente. But this is merely a
this he rectifies, for better understanding, to the effect that it further description of persons already w ell identified, and, if
is his will that the remainder of all her portion should be false, can be rejected in accordance with the provision of
divided into equal parts, one-third to go to his brother Don article 773 of the Civil de, which by article 789 is applicable
Clemente del Rosario and the other two thirds to be divided to legatees.
equally among his said nephews, Enrique Gloria and Ramon
del Rosario." 4BELEN VS BPI, 109 PHIL 1008, 1960

Doña Honorata Valdez made her will three days after that of
her husband. The seventh clause is as follows:

"The testatrix declares that she institutes her beloved

husband, Don Nicolas del Rosario y Alejo, as her heir to all
the property which she may have at her death, and in the
unexpected case of the death of her said husband then she
institutes as heirs her brothers-in-law, Don Rosendo and
Don Clemente del Rosario y Alejo, and her sister-in-law,
Doña Luisa del Rosario, who shall enjoy the usufruct during
their lifetime of all the revenue of the said property. Upon the
death of any of them, then the property shall pass to the
male children of her said brothers-in-law and sister-in-law,
the issue of lawful marriage or natural children who may be
 and not of the testator. There is no logical reason in this case
to presume that the testator intended to refer to the rules of
intestacy, for he precisely made a testament and provided
substitutes for each legatee; nor can it be said that his
affections would prefer the nearest relatives of the legatee to
those more distant, since he envisages all of them in a
group, and only as mere substitutes for a preferred
beneficiary.

Should Article 959 (old Art. 751) be applied by analogy?

There are various reasons against this. The most important
one is that under this article, as recognized by the principal
commentators on the Code of 1889, the nearest exclude all
the farther relatives and the right of representation does not
operate.

The result would be that by applying to the descendants of

Filomena Diaz the "nearest relatives" rule of Article 959, the
inheritance would be limited to her children, or anyone of
them, excluding the grandchildren altogether. This could
hardly be the intention of the testator who, in the selfsame
clause 10 of his codicil (ante), speaks of "cuatro hijos de mi
difunto hermano Fabian" and of "los hijos de Domingo
Legarda," as well as of "descendientes legitimos" of the
other legatees, to us indicating clearly that he understood
well that hijos and descendientes are not synonymous terms.
FACTS: Benigno Diaz executed a codicil on September 29, Observe that, in referring to the substitutes of Filomena Diaz,
1944. When Diaz died, the codicil was admitted to probate. Nestor Santiago and Isabel M. de Santiago, the testator,
The estate was placed under the administration of BPI. does not even use the description "sus hijos 6
descendientes," but only "descendientes".
10 years later, Filomena Diaz died, leaving two legitimate
children, Milagro Olaguera and Onesima Belen Onesima It is suggested that "descendientes legitimos" could mean
files a petition in Special Proceedings contending that the the nearest descendant but with right of representation in
estate of Filomena under the codicil should only be divided favor of the more distant relatives. Unquestionably, the
between her and Milagros, to the exclusion of the 7 testator was at liberty to provide a series of successive
legitimate children of Milagros. Onesima, as legatee, prayed substitutions in the order of proximity of relationship to the
that BPI be ordered to deliver her ½ of whatever share is due original legatee. And he, likewise, was free to ordain that the
to Filomena. more distant descendants should enjoy the right of
representation as in intestate succession. But to arrive at
The court denied this petition and held that the share of such conclusion, we must declare that the testator had:
Filomena should also be distributed among her
grandchildren. Descendientes include not only children but (a) Rejected, or intended to reject, the right of accretion
also grandchildren. among co-heirs and co-legatees, as established for
testamentary successions by Articles 1016 (old Art. 982) and
Onesima appealed and argued that: the term “sus 1019, and intended to replace such accretion with
descendeintes legitimos” as used in the codicil, should be representation:
interpreted to mean descendants nearest in degree to the
original legatee Filomena. In this case, they are her two "Art. 1016. In order that the right of accretion may take place
daughters, Milagros and Onesima, excluding the 7 in a testamentary succession, it shall be necessary:
grandchildren of said legatee. (1) That two or more persons he called to the same
inheritance, or to the same portion thereof, pro indiviso; and
ISSUE: Whether the words “sus descendientes legitimos” (2) That one of the persons thus called die before the
(their legitimate descendants) refer conjointly to all living testator or renounce the inheritance, or be incapacitated to
descendants (children and grandchildren) of the legatee, as receive it.
a class. *******

Art. 1019. The heirs to whom the portion goes by the right of
HELD: YES, it refers to all living descendants
accretion take it in the same proportion that they inherit."
Onesima cited Art 959 (old Art 751) of the Civil Code stating (b) Refused, likewise, the rule of Article 846 (reproduced
"A distribution made in general terms in favor of the testator's from Article 765 of the Code of 1889) providing that:
relatives shall be understood as made in favor of those "Heirs instituted without designation of shares shall inherit- in
nearest in degree." equal parts", which would not obtain if the right of
representation were to apply;
The argument fails to note that this article is specifically
limited in its application to the case where the beneficiaries (c) Rejected finally the rule of Article 1022 (old Art. 986), that
are relatives of the testator, not those of the legatee. In such vacancies in the free part should be filled according to the
an event, the law assumes that the testator intended to refer rules of accretion, or substitution (not representation); and in
to the rules of intestacy, in order to benefit the relatives default of these two, ultimately inherited by the testator's own
closest to him. heirs intestate:

The ratio legis (that among a testator's relatives the closest "Art. 1022. In testamentary succession, when the right of
are dearest) obviously does not apply where the accretion does not take place, the vacant portion of the
beneficiaries are relatives of another person (the legatee) instituted heirs, if no substitute has been designated, shall
pass to the legal heirs of the testator, who shall receive it preterition because Francisco received a house and lot inter
with the same charges and obligations." vivos as an advance on his legitime.

5MORALES VS OLONDRIZ, 783 SCRA 151, 2016 Respondents Contend:

FACTS: Alfonso Juan P. Olondriz, Sr. (the decedent) died The respondent heirs counter: (1) that it is within the RTC's
on June 9, 2003. He was survived by his widow, Ana Maria jurisdiction to reverse or modify an interlocutory order setting
Ortigas de Olondriz, and his children: Alfonso Juan O. the case for probate; (2) that the petitioner failed to mention
Olondriz, Jr., Alejandro Marino O. Olondriz, Isabel Rosa O. that she did not appear in any of the evidentiary hearings to
Olondriz, Angelo Jose O. Olondriz, and Francisco Javier disprove their allegation of preterition; (3) that the RTC and
Maria Bautista Olondriz. His widow and children are the CA both found that Francisco was preterited from the
collectively referred to as the respondent heirs. will; and (4) that Francisco's preterition annulled the
institution of heirs and opened the case into intestacy.
Believing that the decedent died intestate, the respondent
heirs filed a petition with the Las Piñas RTC for the partition ISSUE: Whether or not the pretiration of one of the
of the decedent's estate and the appointment of a special compulsory heirs opens the inheritance to an intestate
administrator on July 4, 2003. succession

However, on July 28, 2003, Iris Morales filed a separate Held: YES.
petition with the RTC alleging that the decedent left a will
dated July 23, 1991. Morales prayed for the probate of the Preterition is the complete and total omission of a
will and for her appointment as special administratrix. compulsory heir from the testator's inheritance without the
heir's express disinheritance.
The pertinent portions of the decedent's will reads:
Article 854 of the Civil Code states the legal effects of
Upon my death, IRIS MORALES OLONDRIZ shall be the preterition:
executor hereof and administrator of my estate until its
distribution in accordance herewith, x x x Art. 854. The preterition or omission of one, some, or all of
the compulsory heirs in the direct line, whether living at the
My entire estate shall be divided into six (6) parts to be time of the execution of the will or born after the death of the
distributed equally among and between (1) IRIS MORALES testator, shall annul the institution of heir; but the devises
OLONDRIZ, my children (2) ALFONSO JUAN OLONDRIZ, and legacies shall be valid insofar as they are not inofficious.
JR., (3) ALEJANDRO OLONDRIZ, (4) ISABEL OLONDRIZ,
(5) ANGELO OLONDRIZ, and their mother (6) MARIA If the omitted compulsory heirs should die before the
ORTEGAS OLONDRIZ, SR. testator, the institution shall be effectual, without prejudice to
the right of representation.
Notably, the will omitted Francisco Javier Maria Bautista
Olondriz, an illegitimate son of the decedent. Under the Civil Code, the preterition of a compulsory heir in
the direct line shall annul the institution of heirs, but the
On January 6, 2004, the respondent heirs moved to dismiss devises and legacies shall remain valid insofar as the
the probate proceedings because Francisco was preterited legitimes are not impaired. Consequently, if a will does not
from the will. institute any devisees or legatees, the preterition of a
compulsory heir in the direct line will result in total intestacy
RTC RULING:
In the present case, the decedent's will evidently omitted
Francisco Olondriz as an heir, legatee, or devisee. As the
The RTC observed: (1) that Morales expressly admitted that
decedent's illegitimate son, Francisco is a compulsory heir in
Francisco Javier Maria Bautista Olondriz is an heir of the
the direct line. Unless Morales could show otherwise,
decedent; (2) that Francisco was clearly omitted from the
Francisco's omission from the will leads to the conclusion of
will; and (3) that based on the evidentiary hearings,
his preterition.
Francisco was clearly preterited. Thus, the RTC reinstated
Alfonso Jr. as administrator of the estate and ordered the
case to proceed in intestacy. During the proceedings in the RTC, Morales had the
opportunity to present evidence that Francisco received
donations inter vivos and advances on his legitime from the
CA RULING:
decedent. However, Morales did not appear during the
hearing dates, effectively waiving her right to present
On May 27, 2011, the CA dismissed Morales' petition for evidence on the issue. We cannot fault the RTC for reaching
certiorari. The CA reasoned that while probate proceedings the reasonable conclusion that there was preterition.
take precedence over intestate proceedings, the preterition
of a compulsory heir in the direct line annuls the institution of
heirs in the will and opens the entire inheritance into 6NERI VS AKUTIN, 72 PHIL 322, 1941
intestate succession.
FACTS: This is a case where the testator Agripino Neri in his
Petitioner Contends: will left all his property by universal title to the children by his
second marriage, the herein respondents, with omission of
Morales maintains that the RTC committed grave abuse of the children by his first marriage, the herein petitioner. The
discretion when it ordered the case to proceed intestate omission of the heirs in the will was contemplated by the
because: (1) the probate of a decedent's will is mandatory; testator with the belief that he had already given each of the
(2) the RTC Branch 254 already ordered the case to proceed children portion of the inheritance, particularly a land he had
into probate; (3) the order setting the case for probate abandoned was occupied by the respondents over which
already attained finality; (4) the probate court cannot touch registration was denied for it turned out to be a public land,
on the intrinsic validity of the will; and (5) there was no and an aggregate amount of money which the respondents
were indebted to their father.
 partition  and  distribution  was  executed  by  and  between
Agripino Neri y Chavez, who died on December 12, 1931, Jose  P. Viola, Rafael Viola and  Silvio  Viola, legitimate 
had by his first marriage six children named Eleuterio, children of  Maximo  Viola  and  Juana Toura,  where the 
Agripino, Agapito, Getulia, Rosario and Celerina; and by his properties  left  by  their  father,  Maximo  Viola,  were 
second marriage with Ignacia Akutin, five children named divided  among  themselves. This was granted and
Gracia, Godofredo, Violeta, Estela Maria, and Emma. terminated in 1937.
Getulia, daughter in the first marriage, died on October 2,
1923, that is, a little less than eight years before the death of In 1939, Donato  Lajom  filed  a complaint  praying that he
said Agripino Neri y Chavez, and was survived by seven be  declared  a  natural  child  of  Maximo  Viola,  impliedly
children named Remedios, Encarnacion, Carmen, Trinidad, recognized  and  acknowledged  in  accordance  with the 
Luz, Alberto and Minda. In Agripino Neri's testament, which laws  in  force  prior  to  the  Civil  Code,  thereby  being a 
was admitted to probate on March 21, 1932, he willed that co-heir  of  Jose  P.  Viola,  Rafael  Viola  and  Silvio  Viola; 
his children by the first marriage shall have no longer any that  the  agreement  of  partition  and  distribution executed
participation in his estate, as they had already received their in  1935  by  these  three  legitimate  children of  Maximo 
corresponding shares during his lifetime. Viola be  declared  null  and  void, and after collation,
payment of debts and accounting of fruits, a new partition be
RTC: At the hearing for the declaration of heirs, the trial ordered adjudicating one-seventh of the estate left by
court found, contrary to what the testator had declared in his Maximo Viola to Donato Lajom and two-seventh to each of
will, that all his children by the first and second marriages the three respondents.
intestate heirs of the deceased without prejudice to one-half
of the improvements introduced in the properties during the Respondents maintained that they are the sole heirs of
existence of the last conjugal partnership, which should Maximo Viola; that petitioner was fully aware of the
belong to Ignacia Akutin. proceedings which was terminated two years before he filed
an action and that without having previously asserted any
CA: The Court of Appeals affirmed the trial court's decision right whatsoever to any part of said estate, he is now barred
with the modification that the will was "valid with respect to from doing so; and that assuming the appellee to be an
the two-thirds part which the testator could freely dispose of. acknowledged natural child of Maximo Viola, his right of
"This judgment of the Court of Appeals is now sought to be action had prescribed.
reviewed in this petition for certiorari. The Court of Appeals
invoked the provisions of article 851 of the Civil Code, which The CFI Nueva Ecija rendered a decision in favor of the
read in part as follows: petitioner and was affirmed by CA on appeal. The decision
annulled the partition entered into by the respondents and
Disinheritance made without a statement of the cause, or for ordered the collation of all the properties in question. The
a cause the truth of which, if contradicted, is not proven, ... properties in question were described in an inventory
shall annul the institution of the heir in so far as it prejudices attached to petitioner’s original complaint in case No. 8077
the person disinherited; but the legacies, betterments, and and did not include a certain riceland with an area of 215
other testamentary dispositions, in so far as they do no hectares. Petitioner instituted this present case and alleged
encroach upon the legitime, shall be valid. that the said riceland should be included in the collation of
properties which was denied.
ISSUE: Should there be cancellation of the will, in view of the
omission of heirs? Is there disinheritance in this case? It was also alleged by the petitioner that he was a victim of
preterition, and that the institution of heirs made by the
HELD: Yes. The Court annulled the institution of heirs and deceased Dr. Maximo Viola became ineffective, and that
declared a total intestacy on the ground that testator left all Civil Case No. 8077 was thereby converted into an intestate
his property by universal title to the children by his second proceedings for the settlement of his estate.
marriage, without expressly disinheriting the children by his
first marriage but upon the erroneous belief that he had ISSUE: Whether or not the petitioner is a victim of
given them already more shares in his property than those preterition. 
given to the children by his second marriage. 
HELD: NO, this contention is clearly untenable. There might
Disinheritance made without a statement of the cause, if have been merit if we were dealing with a special
contested, shall annul the institution of heirs in so far as it is proceedings for the settlement of the testate estate of a
prejudicial to the disinherited person. This is but a case of deceased person, which, in consequence of said preterition,
preterition which annuls the institution of heirs. would thereby acquire the character of a proceeding for the
settlement of an intestate estate, with jurisdiction over any
Preterition consists in the omission in the testator's will of the and all properties of the deceased.
forced heirs or anyone of them, either because they are not
mentioned therein, or, though mentioned, they are neither But, Civil Case No. 8077 is an ordinary civil action, and the
instituted as heirs nor are expressly disinherited (Cf. 6 authority of the court having jurisdiction over the same is
Manresa, 346.) limited to the properties described in the pleadings, which
admittedly do not include the aforementioned riceland.
In the instant case, while the children of the first marriage
were mentioned in the will, they were not accorded any Without prejudice to the institution of the corresponding
share in the hereditary property, without expressly being intestate proceedings by the proper party, the petition was
disinherited. It is, therefore, a clear case of preterition as denied.
contended by appellants.
SUBSTITUTION OF HEIRS
7LAJOM VS LEUTERIO, 107 PHIL 651, 1960

FACTS: Maximo  Viola  died  on  September  3,  1933.  1. PEREZ VS GARCHITORENA, 54 PHIL 431, 1930 -
Judicial  proceedings  of  his  testate  estate  were  instituted 
in the  Court  of  First  Instance.  In 1935, an agreement  of 
FACTS: The amount of P21,428.58 is deposited in name of fact that by clause XI in connection with clause X, the
Carmen de Perez (Heiress), with the association known as substitution is ordered where the heiress instituted dies after
La Urbana as the final payment of the liquidated credit of the testatrix, this cannot be a case of simple substitution.
Ana Maria Alcantara, deceased.   
  ISSUE:  Whether or not there is a fideicommissary
Defendant Mariano Garchitorena held a judgment for substitution
P7,872.23 against Joaquin Perez Alcantara, husband of  
Carmen G. de Perez, the sheriff levied an attachment on  DISCUSSION:
said amount deposited with La Urbana.  
  In clause IX, the testatrix institutes the plaintiff herein her
The plaintiff, alleging that said deposit belongs to the sole and universal heiress, and provides that upon her
fideicommissary heirs of the decedent Ana Maria death (the testatrix's) and after probate of the will and
Alcantara, secured a preliminary injunction restraining the approval of the report of the committee on claims and
execution of said judgment on the sum so attached. appraisal, said heiress shall receive and enjoy the whole
  hereditary estate.
The defendants contend that the plaintiff is the decedent's  The word sole does not necessarily exclude the idea of
universal heiress, and pray for the dissolution of the substitute heirs; and taking these three clauses together,
injunction. such word means that the plaintiff is the sole heiress
  instituted in the first instance.
The court below held that said La Urbana deposit belongs to
the plaintiff's children as fideicommissary heirs of Ana Maria The disposition contained in clause IX, that said heiress shall
Alcantara, and granted a final writ of injunction. receive and enjoy the estate, is not incompatible with a
  fideicommissary substitution (it certainly is incompatible
The clauses of said will relevant to the points in dispute, with the idea of simple substitution, where the heiress
between the parties are the ninth, tenth, and eleventh, instituted does not receive the inheritance). In fact the
quoted below: enjoyment of the inheritance is in conformity with the idea of
fideicommissary substitution, by virtue of which the heir
Ninth. Being single and without any forced heir, to show my instituted receives the inheritance and enjoys it, although at
gratitude to my niece-in-law, Carmen Garchitorena, of age, the same time he preserves it in order to pass it on the
married to my nephew, Joaquin Perez Alcantara, and living second heir.
in this same house with me, I institute her as my sole and
universal heiress to the remainder of my estate after the The fideicommissary substitution, requires three things:
payment of my debts and legacies, so that upon my death (according to the quotation from Manresa)
and after probate of this will, and after the report of the
committee on claims and appraisal has been rendered and 1. A first heir called primarily to the enjoyment of the estate.
approved, she will receive from my executrix and properties 2. An obligation clearly imposed upon him to preserve and
composing my hereditary estate, that she may enjoy them transmit to a third person the whole or a part of the estate.
with God's blessing and my own. 3. A second heir.

Tenth. Should my heiress Carmen Garchitorena die, I order To these requisites, the decision of November 18, 1918
that my whole estate shall pass unimpaired to her surviving adds another, namely that the fideicommissarius be entitled
children; and should any of these die, his share shall serve to the estate from the time the testator dies, since he is to
to increase the portions of his surviving brothers (and sisters) inherit from the latter and not from the fiduciary.
by accretion, in such wise that my estate shall never pass
out of the hands of my heiress or her children in so far as it is The fideicommissum arising from a fideicommissary
legally possible. substitution, which is of Roman origin, is not exactly
equivalent to, nor may it be confused with, the English
Eleventh. Should my aforesaid heiress, Carmen "trust."
Garchitorena, die after me while her children are still in their
minority, I order that my estate be administered by my It should also be noted that said clause IX vests in the
executrix, Mrs. Josefa Laplana, and in her default, by heiress only the right to enjoy but not the right to dispose of
Attorney Ramon Salinas and in his default, by his son the estate. It says, she may enjoy it, but does not say she
Ramon Salinas; but the direction herein given must not be may dispose of it. This is an indication of the usufruct
considered as an indication of lack of confidence in my inherent in fideicommissary substitution. Clause X
nephew Joaquin Perez Alcantara, whom I relieve from the expressly provides for the substitution. It is true that it
duties of administering my estate, because I recognize that does not say whether the death of the heiress herein
his character is not adapted to management and referred to is before or after that of the testatrix; but from the
administration. whole context it appears that in making the provisions
contained in this clause X, the testatrix had in mind a
The appellants contend that in these clauses the testatrix fideicommissary substitution, since she limits the
has ordered a simple substitution, while the appellee transmission of her estate to the children of the heiress by
contends that it is a fideicommissary substitution. this provision, "in such wise that my estate shall never
  pass out of the hands of my heiress or her children in so
This will certainly provides for a substitution of heirs, and of far as it is legally possible."
the three cases that might give rise to a simple substitution  
(art. 774, Civil Code), only the death of the instituted heiress Another clear and outstanding indication of fideicommissary
before the testatrix would in the instant case give place to substitution in clause X is the provision that the whole
such substitution, inasmuch as nothing is said of the waiver estate shall pass unimpaired to the heiress's children,
of inheritance, or incapacity to accept it. As a matter of fact, that is to say the heiress is required to preserve the
however, clause XI provides for the administration of the whole estate, without diminution, in order to pass it on
estate in case the heiress instituted should die after the in due time to the fideicommissary heirs.  
testatrix and while the substitute heirs are still under age.
And it is evident that, considering the nature of simple Lastly, clause XI more clearly indicates the idea of
substitution by the heir's death before the testator, and the fideicommissary substitution, when a provision is therein
made in the event the heiress should die after the (b) That should Jorge Rabadilla die ahead of me, the
testatrix. That is, said clause anticipates the case where aforementioned property and the rights which I shall set forth
the instituted heiress should die after the testatrix and hereinbelow, shall be inherited and acknowledged by the
after receiving and enjoying the inheritance. children and spouse of Jorge Rabadilla.
 
RULING: FOURTH
 
The foregoing leads us to the conclusion that all the (a)....It is also my command, in this my addition (Codicil), that
requisites of a fideicommissary substitution, according to should I die and Jorge Rabadilla shall have already received
the quotation from Manresa above inserted, are present in the ownership of the said Lot No. 1392 of the Bacolod
the case of substitution now under consideration, to wit: Cadastre, covered by Transfer Certificate of Title No. RT-
4002 (10942), and also at the time that the lease of Balbinito
1. At first heir primarily called to the enjoyment of the estate. G. Guanzon of the said lot shall expire, Jorge Rabadilla shall
In this case the plaintiff was instituted an heiress, called to have the obligation until he dies, every year to give to Maria
the enjoyment of the estate, according to clause IX of the Marlina Coscolluela y Belleza, Seventy (75) (sic) piculs of
will. Export sugar and Twenty Five (25) piculs of Domestic sugar,
until the said Maria Marlina Coscolluela y Belleza dies.
2. An obligation clearly imposed upon the heir to preserve
and transmit to a third person the whole or a part of the FIFTH
estate. Such an obligation is imposed in clause X which
provides that the "whole estate shall pass unimpaired to her (a) Should Jorge Rabadilla die, his heir to whom he shall
(heiress's) surviving children;" thus, instead of leaving the give Lot No. 1392 of the Bacolod Cadastre, covered by
heiress at liberty to dispose of the estate by will, or of leaving Transfer Certificate of Title No. RT-4002 (10492), shall have
the law to take its course in case she dies intestate, said the obligation to still give yearly, the sugar as specified in the
clause not only disposes of the estate in favor of the heiress Fourth paragraph of his testament, to Maria Marlina
instituted, but also provides for the disposition thereof in Coscolluela y Belleza on the month of December of each
case she should die after the testatrix. year.

3. A second heir. Such are the children of the heiress SIXTH

instituted, who are referred to as such second heirs both in
clause X and in clause XI. I command, in this my addition (Codicil) that the Lot No.
1392, in the event that the one to whom I have left and
Finally, the requisite added by the decision of November 18, bequeathed, and his heir shall later sell, lease, mortgage this
1918, to wit, that the fideicommissarius or second heir said Lot, the buyer, lessee, mortgagee, shall have also the
should be entitled to the estate from the time of the testator's obligation to respect and deliver yearly ONE HUNDRED
death, which in the instant case, is, rather than a requisite, a (100) piculs of sugar to Maria Marlina Coscolluela y Belleza,
necessary consequence derived from the nature of the on each month of December, SEVENTY FIVE (75) piculs of
fideicommissary substitution, in which the second heir does Export and TWENTY FIVE (25) piculs of Domestic, until
not inherit from the heir first instituted, but from the testator. Maria Marlina shall die, lastly should the buyer, lessee or the
  mortgagee of this lot, not have respected my command in
By virtue of this consequence, the inheritance in question this my addition (Codicil), Maria Marlina Coscolluela y
does not belong to the heiress instituted, the plaintiff herein, Belleza, shall immediately seize this Lot No. 1392 from my
as her absolute property, but to her children, from the heir and the latter's heirs, and shall turn it over to my near
moment of the death of the testatrix, Ana Maria Alcantara. desendants, (sic) and the latter shall then have the obligation
to give the ONE HUNDRED (100) piculs of sugar until Maria
Therefore, said inheritance, of which the amount referred to Marlina shall die. I further command in this my addition
at the beginning, which is on deposit with the association (Codicil) that my heir and his heirs of this Lot No. 1392, that
known as La Urbana in the plaintiff's name, is a part, does they will obey and follow that should they decide to sell,
not belong to her nor can it be subject to the execution of the lease, mortgage, they cannot negotiate with others than my
judgment against Joaquin Perez, who is not one of the near descendants and my sister."
fideicommissary heirs.
  Pursuant to the same Codicil, Lot No. 1392 was transferred
2RABALLA VS CA, 334 SCRA 522, 2000 to the deceased, Dr. Jorge Rabadilla. Dr. Jorge Rabadilla
died in 1983 and was survived by his wife Rufina and
FACTS: In a Codicil appended to the Last Will and children Johnny (petitioner), Aurora, Ofelia and Zenaida, all
Testament of testatrix Aleja Belleza, Dr. Jorge Rabadilla, surnamed Rabadilla. On August 21, 1989, Maria Marlena
predecessor-in-interest of the herein petitioner, Johnny S. Coscolluela y Belleza Villacarlos brought a complaint gainst
Rabadilla, was instituted as a devisee of 511, 855 square the above-mentioned heirs of Dr. Jorge Rabadilla, to enforce
meters of that parcel of land. The said Codicil, which was the provisions of subject Codicil. The Complaint alleged that
duly probated and admitted in Special Proceedings No. 4046 the defendant-heirs violated the conditions of the Codicil, in
before the then Court of First Instance of Negros Occidental, that:
contained the following provisions:
1. Lot No. 1392 was mortgaged to the Philippine
"FIRST National Bank and the Republic Planters Bank in disregard
of the testatrix's specific instruction to sell, lease, or
I give, leave and bequeath the following property owned by mortgage only to the near descendants and sister of the
me to Dr. Jorge Rabadilla resident of 141 P. Villanueva, testatrix.
Pasay City:
2. Defendant-heirs failed to comply with their
(a) Lot No. 1392 of the Bacolod Cadastre, covered by obligation to deliver one hundred (100) piculs of sugar (75
Transfer Certificate of Title No. RT-4002 (10942), which is piculs export sugar and 25 piculs domestic sugar) to plaintiff
registered in my name according to the records of the Maria Marlena Coscolluela y Belleza from sugar crop years
Register of Deeds of Negros Occidental.
1985 up to the filing of the complaint as mandated by the institution and the testatrix intended a mere simple
Codicil, despite repeated demands for compliance. substitution - i.e. the instituted heir, Dr. Jorge Rabadilla, was
to be substituted by the testatrix's "near descendants" should
3. The banks failed to comply with the 6th paragraph the obligation to deliver the fruits to herein private
of the Codicil which provided that in case of the sale, lease, respondent be not complied with. In addition, since the
or mortgage of the property, the buyer, lessee, or mortgagee testatrix died single and without issue, there can be no valid
shall likewise have the obligation to deliver 100 piculs of substitution and such testamentary provision cannot be
sugar per crop year to herein private respondent. given any effect.

The plaintiff then prayed that judgment be rendered ordering ISSUE: Whether or not the testamentary institution of Dr.
defendant-heirs to reconvey/return-Lot No. 1392 to the Jorge Rabadilla is merely a substitution and not a modal
surviving heirs of the late Aleja Belleza. institution within the purview of Article 882 of the New Civil
Code.
During the pre-trial, the parties admitted that:
RULING: It is a modal institution under Arts. 882 and 883
On November 15, 1998, the plaintiff (private respondent) and of the Civil Code.
a certain Alan Azurin, son-in-law of the herein petitioner who
was lessee of the property and acting as attorney-in-fact of Substitution is the designation by the testator of a person or
defendant-heirs, arrived at an amicable settlement and persons to take the place of the heir or heirs first instituted.
entered into a Memorandum of Agreement on the obligation Under substitutions in general, the testator may either:
to deliver one hundred piculs of sugar, to the following effect:
(1) provide for the designation of another heir to whom the
"That for crop year 1988-89, the annuity mentioned in Entry property shall pass in case the original heir should die before
No. 49074 of TCT No. 44489 will be delivered not later than him/her, renounce the inheritance or be incapacitated to
January of 1989, more specifically, to wit: inherit, as in a simple substitution; or

75 piculs of 'A' sugar, and 25 piculs of 'B' sugar, or then (2) leave his/her property to one person with the express
existing in any of our names, Mary Rose Rabadilla y Azurin charge that it be transmitted subsequently to another or
or Alan Azurin, during December of each sugar crop year, in others, as in a fideicommissary substitution.
Azucar Sugar Central; and, this is considered compliance of
the annuity as mentioned, and in the same manner will The Codicil sued upon contemplates neither of the two. In
compliance of the annuity be in the next succeeding crop simple substitutions, the second heir takes the inheritance in
years. default of the first heir by reason of incapacity, predecease
or renunciation. In the case under consideration, the
That the annuity above stated for crop year 1985-86, 1986- provisions of subject Codicil do not provide that should Dr.
87, and 1987-88, will be complied in cash equivalent of the Jorge Rabadilla default due to predecease, incapacity or
number of piculs as mentioned therein and which is as renunciation, the testatrix's near descendants would
herein agreed upon, taking into consideration the composite substitute him. What the Codicil provides is that, should Dr.
price of sugar during each sugar crop year, which is in the Jorge Rabadilla or his heirs not fulfill the conditions imposed
total amount of ONE HUNDRED FIVE THOUSAND PESOS in the Codicil, the property referred to shall be seized and
(P105,000.00). turned over to the testatrix's near descendants.

That the above-mentioned amount will be paid or delivered Neither is there a fideicommissary substitution here and on
on a staggered cash installment, payable on or before the this point, petitioner is correct. In a fideicommissary
end of December of every sugar crop year. substitution, the first heir is strictly mandated to preserve the
property and to transmit the same later to the second heir. In
However, there was no compliance with the aforesaid the case under consideration, the instituted heir is in fact
Memorandum of Agreement except for a partial delivery of allowed under the Codicil to alienate the property provided
50.80 piculs of sugar corresponding to sugar crop year 1988 the negotiation is with the near descendants or the sister of
-1989. the testatrix. Thus, a very important element of a
fideicommissary substitution is lacking; the obligation clearly
imposing upon the first heir the preservation of the property
On July 22, 1991, the Regional Trial Court dismissed the
and its transmission to the second heir. "Without this
complaint. RTC finds that the action is prematurely filed as
obligation to preserve clearly imposed by the testator in his
no cause of action against the defendants has as yet arose
will, there is no fideicommissary substitution."
in favor of plaintiff. While there maybe the non-performance
of the command as mandated exaction from them simply
because they are the children of Jorge Rabadilla, the title The Court of Appeals did not erred in ruling that the
holder/owner of the lot in question, does not warrant the filing institution of Dr. Jorge Rabadilla under subject Codicil is in
of the present complaint. the nature of a modal institution and therefore, Article 882 of
the New Civil Code is the provision of law in point.
On appeal by plaintiff, the First Division of the Court of
Appeals reversed the decision of the trial court. It argued that Art. 882. The statement of the object of the institution or the
defendants-appellee has an obligation under Aleja Belleza's application of the property left by the testator, or the charge
codicil, as heirs of the modal heir, Jorge Rabadilla, to deliver imposed on him, shall not be considered as a condition
such amount of sugar to plaintiff-appellant. unless it appears that such was his intention.

Petitioner now contends to the Supreme Court that the Court That which has been left in this manner may be claimed at
of Appeals erred in resolving the appeal in accordance with once provided that the instituted heir or his heirs give
Article 882 of the New Civil Code on modal institutions and in security for compliance with the wishes of the testator and
deviating from the sole issue raised which is the absence or for the return of anything he or they may receive, together
prematurity of the cause of action. Petitioner maintains that with its fruits and interests, if he or they should disregard this
Article 882 does not find application as there was no modal obligation.
Art. 883. When without the fault of the heir, an institution relatives of Mrs. Hodges). But this does not mean
referred to in the preceding article cannot take effect in the that no effect should be given to their designation,
exact manner stated by the testator, it shall be complied with for the truth is that they were also instituted to said
in a manner most analogous to and in conformity with his remaining properties. The institution of Mr. Hodges
wishes. partakes of a resolutory condition, this is really a
resolutory term, because Mr. Hodges would surely
The institution of an heir in the manner prescribed in Article die, sooner or later that is, ownership of the
882 is what is known in the law of succession as an inherited properties would end at his death (that is,
institucion sub modo or a modal institution. In a modal while he was free, as owner, to dispose of the
institution, the testator states (1) the object of the institution, properties inter vivos, he was not free to do so
(2) the purpose or application of the property left by the mortis causa). The institution of Mrs. Hodges’
testator, or (3) the charge imposed by the testator upon the brothers and sisters is on the other hand an
heir. A "mode" imposes an obligation upon the heir or institution subject to a suspensive condition (this is
legatee but it does not affect the efficacy of his rights to the really a suspensive term), their inheritance having
succession. On the other hand, in a conditional testamentary become vested at the time of Mrs. Hodges’ death,
disposition, the condition must happen or be fulfilled in order but only operative upon the death of Mr. Hodges. 
for the heir to be entitled to succeed the testator. The 2. With respect to the second issue, the allegation of
condition suspends but does not obligate; and the mode the PCIB that Mrs. Hodges’ estate is 1/4 of the total
obligates but does not suspend. mass is a judicial admission of a fact (the existence
of the foreign law being a fact), and by the principle
From the provisions of the Codicil litigated upon, it can be of estoppel, would prevent the PCIB from alleging
gleaned unerringly that the testatrix intended that subject that Mrs. Hodges’ estate is less than 1/4.
property be inherited by Dr. Jorge Rabadilla. It is likewise
clearly worded that the testatrix imposed an obligation on the
said instituted heir and his successors-in-interest to deliver 4VDA. DE ARANAS VS ARANAS, 150 SCRA 415, 1987
one hundred piculs of sugar to the herein private respondent,
Marlena Coscolluela Belleza, during the lifetime of the latter. FACTS: Fr. Teodoro Aranas, a priest of the Roman Catholic
However, the testatrix did not make Dr. Jorge Rabadilla's Church, died. He had executed his Last Will and Testament
inheritance and the effectivity of his institution as a devisee, which was admitted to probate. In said Last Will and
dependent on the performance of the said obligation. It is Testament, Fr. Teodoro Aranas stipulated the following:
clear, though, that should the obligation be not complied
with, the property shall be turned over to the testatrix's near
A. The return to Aniceto Aranas or his heirs of all properties
descendants. The manner of institution of Dr. Jorge
acquired by Fr. Aranas from his brother Aniceto Aranas and
Rabadilla under subject Codicil is evidently modal in nature
ten (10) parcels of land described in the Will inherited by the
because it imposes a charge upon the instituted heir without,
testator from his parents.
however, affecting the efficacy of such institution.
B. The return to Carmelo Aranas or his heirs of all properties
3PHIL. COMMERCIAL AND INDUSTRIAL BANK VS acquired by Fr.Aranas from his brother Carmelo Aranas and
ESCOLIN, 56 SCRA 266, 1974 ten (10) parcels of land described in the Will inherited by the
testator from his parents.
FACTS: An American citizen from Texas, Linnie Jane
Hodges, died in the Philippines, leaving certain properties, C. The special administration of the remainder of the estate
both real and personal, in our country. In her will, she made of the testator by Vicente Aranas, a faithful and serviceable
her husband, Mr. Hodges, her only heir. She likewise stated nephew and designating him also as recipient of 1/2 of the
in the will that upon her husband’s demise, the undisposed produce of said properties after deducting the expenses for
properties from her estate would be given equally among her the administration and the other 1/2 of the produce to be
own brothers and sisters. Some five years later, Mr. Hodges, given to the Catholic Church for the eternal repose of the
also a citizen of Texas, died. testator’s soul. Said pertinent provision reads as follows:
Fourth. It is my will that the lands I had bought from other
The administrator of the estate of Mr. Hodges, the PCIB, persons should be converged and placed under a “special
claims that the designation of the brothers and sisters of Mrs. administrator.” Thes pecial administrator of these lands, for
Hodges was an attempted substitution, but cannot be given his office, should receive one half of all the produce from
effect because it is not a simple nor a vulgar nor a which shall be deducted the expenses for the administration,
fideicommissary substitution, and that under American law, and the other half of the produce should be received by the
the estate of Mrs. Hodges consists of 1/4 of the total Roman Catholic Church and should be spent for my soul,
conjugal estate. Vicente B. Aranas (Tingting), because he is a faithful and
serviceable nephew, should be the first special administrator
ISSUES:  of said properties, without bond, until his death or until he
1. w/n the designation of Mrs. Hodges’ brothers and should not want to hold the said office anymore. Anyone of
sisters valid? NO the sons of my brother Carmelo Aranas can hold the said
2. If under Texas law, the estate of Mrs. Hodges is office of special administrator, and none other than they.
less than 1/4, how much must be regarded as her Their father, my brother Carmelo Aranas shall be the one to
estate? decide who among them shall hold the said office, but upon
the death of my said brother Carmelo Aranas, his said sons
HELD:  will havepower to select the one among them ourselves. The
1. The designation of the brothers and sisters of Mrs. special administration is perpetual.
Hodges is not a valid substitution (not a simple or
vulgar substitution because the will does not say
ISSUE: Whether or not the properties under Group C of the
that said relatives would inherit if Mr. Hodges would
testate estate of the late Fr. Teodoro Aranas are subject to
predecease, be incapacitated, or should repudiate
remunerative legacies by way of usufruct of the net proceeds
the inheritance; and not a fideicommissary
of 1/2 of the estate after deducting expenses for
substitution for Mr. Hodges was not obliged to
administration in favor of Vicente Aranas, during his lifetime
preserve and transmit said properties to the
and shall continue an administrator of the estate, and, who,
upon his death or refusal to continue such usufruct, may be interposes as special defenses the fact that the two parcels
succeeded by any of the brothers of the administrator as of land were ordinary unconditional devise of realties in trust
selected by their father, Carmelo Aranas, if still alive or one contained in the last will and testament of the late Luis Palad
selected by his sons if, he, Carmelo, is dead for the establishment and maintenance of a secondary
school for the continued benefit and welfare of the
HELD: Yes. It was the sincere intention and desire of the inhabitants of Tayabas; that Article 605 of the new Civil Code
testator to reward his nephew Vicente Aranas for his faithful (on usufruct) does not apply to the case at bar; that to give
and unselfish services by allowing him to enjoy one-half of effect to the above-mentioned testamentary grant, the
the fruits of the testator’s third group of properties until Philippine Legislature enacted Acts Nos. 3232, 3462 and
Vicente’s death and/or refusal to act as administrator in 3757 creating the Luis Palad High School to be established
which case, the administration shall pass to anyone chosen and maintained with funds coming from said two parcels of
by Carmelo Aranas among his sons and upon Carmelo’s land, which institution is still existing and being maintained
death, his sons will have the power to select one among for the benefit of the inhabitants of the said town; that the
themselves. testator intended the said testamentary grant or devise of
land for the establishment and maintenance of a high school
Vicente Aranas therefore as a usufructuary has the right to to be permanent and not subject to any resolutory or other
enjoy the property of his uncle with all the benefits which condition; that the ownership of the two parcels of land had
result from the normal enjoyment (or exploitation) of been irrevocably vested in the province of Quezon as trustee
another’s property, with the obligation to return, at the with the municipality of Tayabas as cestui que trustent; that
designated time, either the same thing, or in special cases its the plaintiffs as alleged heirs of the late Luis Palad are bereft
equivalent. This right of Vicente to enjoy the fruits of the of any interest in said lots; and that the defendants are
properties is temporary and therefore not perpetual as there conscientiously devoting the funds from the said two parcels
is a limitation namely his death or his refusal. for the establishment and maintenance of the said high
school in accordance with the will of the testator and they
have not enriched themselves or benefited therefrom; that
Likewise his designation as administrator of these properties
the province of Quezon had to appropriate funds for the
is limited by his refusal and/or death and therefore it does
maintenance of the said high school when the income from
not run counter to Art. 870 of the Civil Code relied upon by
the disputed lands became insufficient; that the said high
the petitioners. Be it noted that Vicente Aranas is not
school is not entirely self-supporting; that the alleged
prohibited to dispose of the fruits and other benefits arising
average annual net income (P7,000.00) of the two parcels of
from the usufruct.
land is exorbitant and unfounded; that the claims or
demands of the plaintiffs had been released or had
Neither are the naked owners (the other heirs) of the prescribed.
properties, the usufruct of which has been given to Vicente
Aranas prohibited from disposing of said naked ownership
In a decision rendered on December 10, 1924, the Supreme
without prejudice of course to Vicente’s continuing usufruct.
Court held that the said testamentary disposition in the
holographic will of the late Luis Palad created a trust for the
establishment and maintenance of a secondary school to be
financed with the income of the two lots aforesaid for the
5PALAD VS GOVERNOR OF QUEZON PROVINCE, 46 benefit of the inhabitants of the town of Tayabas
SCRA 354, 1972
Implementing the trust thus created, the Philippine
Plaintiffs-appellants Miguel Palad et.al, alleged that they are Legislature enacted Act No. 3232, which established the Luis
the remaining immediate heirs and/or successors-in-interest Palad Rural High School as an agricultural high school, the
of the deceased Luis Palad, they being the grandchildren of expenses for the establishment and maintenance of which
Policarpio Palad and Victor Palad, both deceased brothers of shall be paid out of the funds left by the late Luis Palad and
the late Luis Palad; that the defendant provincial governor is any other funds which may be donated by the Government
the trustee and/or administrator and the defendant or any of its dependencies or any other persons. The
municipality of Tayabas the beneficiary of the lots in Director of Education is authorized to receive from the
question; that the purpose of the trusteeship of the aforesaid provincial governor as trustee of the estate of Luis Palad the
lots as constituted by the last will and testament of Luis sums necessary for the proper operation, construction and
Palad was to erect or establish a high school in the town out upkeep of the permanent buildings of the School. Act No.
of the income of the two lots for the benefit of the said town; 3757 converted the said agricultural school into a regular
that the said trust was duly fulfilled upon the complete high school to be known as the Luis Palad High School.
establishment in 1932 of a high school now known as "Luis
Palad High School”, that the town of Tayabas has been ISSUES: W/N trial court erred in (1) holding that the
enjoying the income of the said lots as beneficiary for the last Supreme Court ruled in the case of Government vs. Abadilla
54 years since November 9, 1904 up to the present time, that the trust was a permanent one created for the benefit of
while the defendant provincial governor continues to be the the Luis Palad High School and is a perpetual charge upon
trustee and/or administrator of the two lots in violation of the land devised, 
Article 605 of the Civil Code; that the aforesaid lots have a
net annual income of P7,000; and that since the (2) in not declaring the termination of the usufruct of the trust
establishment of the Luis Palad High School in 1932 or since estate as provided in Art. 515 of the Spanish Civil Code, and 
November, 1904 in accordance with Article 605 of the Civil
Code, the plaintiffs were already entitled to the reversion of (3) in not ordering the dissolution of this trusteeship under
the two lots in their favor and to the dissolution and/or Art. 870 of the New Civil Code.
termination of the trusteeship.
HELD: NO
The answer filed by the provincial fiscal alleges that they
have no knowledge or information sufficient to form a belief
As to the nature of the trust created by the last will and
as to the truth of plaintiffs' claim that they are the immediate
testament of the late Luis Palad, the law of the case is the
heirs and successors-in-interest of the deceased Luis Palad,
decision in Government vs. Abadilla, et al., supra, that "the
denies the rest of the allegations in the complaint, and
testator proposed to create a trust for the benefit of a
secondary school to be established in the town of Tayabas, FACTS: This petition for certiorari, filed under Rule 65 of the
naming as trustee ... the civil governor of the province of Rules of Court, assails the Order of the Regional Trial Court
Tayabas ..." 4 and that "if the trustee holds the legal title and (RTC) of Manila which denied petitioners’ (Hilarion, Jr. and
the devise is valid, the natural heirs of the deceased have no Enrico Orendain, heirs of Hilarion Orendain, Sr.) Motion to
remaining interest in the land except their right to the Dissolve the Trusteeship of the Estate of Doña Margarita
reversion in the event the devise for some reason should fail, Rodriguez.
an event which has not as yet taken place. From a reading of  
the testamentary clause under discussion it seems quite The decedent, Doña Margarita Rodriguez, died in Manila,
evident that the intention of the testator was to have the leaving a last will and testament. Said will was admitted to
income of the property accumulate for the benefit of the probate and the RTC Manila approved the project of partition
proposed school until the same should be established." 5 presented by the executor of Doña Margarita Rodriguez’s
will.
Article 515 of the Old Spanish Civil Code prohibiting the  
creation of a usufruct for more than thirty (30) years in favor At the time of her death, the decedent left no compulsory
of any town, province or association, does not apply to the or forced heirs but some of Doña Margarita Rodriguez’s
instant case; because what was constituted by the last will testamentary dispositions contemplated the creation of
and testament of the late Luis Palad is a trust, not a usufruct. a trust to manage the income from her properties for
distribution to beneficiaries specified in the will, to wit:
Article 870 of the New Civil Code, which regards as void any   
disposition of the testator declaring all or part of the estate CLAUSULA SEGUNDA O PANG-DALAWA: - x x x
inalienable for more than 20 years, is not violated by the trust Ipinaguutos ko na matapos magawa ang pagaayos ng aking
constituted by the late Luis Palad; because the will of the Testamentaria at masara na ang Expediente ng aking
testator does not interdict the alienation of the parcels Testamentaria, ang lahat ng pagaare ko sa aking
devised. The will merely directs that the income of said two ipinaguutos na pangasiwaan sa habang panahon ay
parcels be utilized for the establishment, maintenance and ipagbukas sa Juzgado ng tinatawag na "FIDEICOMISO" at
operation of the high school. ang ilalagay na "fideicomisario" ang manga taong nasabi ko
na sa itaas nito, at ang kanilang gaganahin ay ang nasasabi
sa testamentong ito na gaganahen ng tagapangasiwa at
And even if the trust herein involved falls within the
albacea. x x x x
prohibition of the said Article 870, the same cannot be given
  
retroactive effect, the testator having died long before the
CLAUSULA DECIMA O PANG-SAMPU: - Ipinaguutos ko
effectivity of the New Civil Code.
na ang manga pagaareng nasasabi sa Clausulang ito ay
pangangasiwaan sa habang panahon, at ito nga ang
Appellants seem to cling to the statement in the decision in ipagbubukas ng "Fideicomiso" sa Jusgado pagkatapos
the Abadilla case that: "From a reading of the testamentary na maayos ang naiwanan kong pagaare. Ang
clause under discussion it seems quite evident that the pangangasiwaang pagaare ay ang manga sumusunod:
intention of the testator was to have the income or the   
property accumulate for the benefit of the proposed school Ang lahat ng pagaaring nasasabe sa Clusulang ito (hindi
until the same should be established ."  kasama ang "generator" at automovil) hindi maisasanla o
maipagbibili kailan man, maliban sa pagaaring nasa Quezon
They argue that upon the establishment of the school in Boulevard, Maynila, na maaring isanla kung walang fondo na
1932, the trust ceased, as the object or purpose thereof had gagamitin sa ipagpapaigui o ipagpapagawa ng panibago
been accomplished. alinsunod sa kaayusang hinihingi ng panahon.
CLAUSULA DECIMA SEGUNDA O PANG-LABING
The word "established" should not be limited to the initial DALAWA: - Ang kuartang matitipon sa Banco ayon sa
construction of the high school, which alone will not serve tagubilin na nasasaysay sa Clausulang sinusundan nito ay
the purpose of the testamentary disposition of the testator, if gagamitin sa manga sumusunod na pagkakagastusan; at
the maintenance and operation of the school are excluded ganito din ang gagawin sa lahat ng aking pagaare na
from its scope. To give full effect to the intention of the nasasakop ng fideicomiso at walang ibang pinaguukulan.
testator, the said portion of the decision should be read Ang pagkakagastusan na ito ay ang sumusunod:
together with the preceding statement therein that "it seems   
evident that by the clause in question the testator proposed Herein the Clause 10 of the will explicitly prohibits the
to create a trust for the benefit of a secondary school to be alienation or mortgage of the specified properties.
established in the town of Tayabas," The benefit that could  
be derived from a secondary school cannot be enjoyed by After almost four decades, petitioners Hilarion, Jr. and Enrico
the residents of the town of Tayabas if the school is not in Orendain, heirs of Hilarion Orendain, Sr. who was mentioned
operation or functioning. It can only function and operate if in Clause 24 of the decedent’s will, moved to dissolve the
the needed funds are provided therefor. This the testator trust on the decedent’s estate, which they argued had been
realized only too well and therefore willed that the income in existence for more than twenty years, in violation of
from the two lots should be utilized for the maintenance and Articles 867 and 870 of the Civil Code.
upkeep of the school.  
The RTC then ruled which it said that:
As We ruled in the Abadilla case, the trust ceases only if the  
devise fails — if the maintenance of the high school is The above-cited provisions of the civil code find no
abandoned and its operation stopped. Since the school application in the present motion to dissolve the trust created
continues to operate and is being maintained, with the by the testatrix. There is no question that the testamentary
income from the two parcels of land subject of the trust, and disposition of Doña Margarita Rodriguez prohibiting the
donations from the government and other sources, the mortgage or sale of properties mentioned in clause X of her
devise has not yet failed. Last Will and Testament forevermore is void after the lapse
of the twenty year period. However, it does not mean that the
6ORENDAIN, JR. VS TRUSTEESHIP AND ESTATE OF trust created by [the] testatrix in order to carry out her wishes
DOÑA M. RODRIGUEZ, 591 SCRA 285, 2009 under clauses 12, 13 and 24 will also become void upon
expiration of the twenty year period. 
   
The question as to whether a trust can be perpetual, the The Court further said that it is not unmindful of its ruling in
same finds support in Article 1013, paragraph 4 of the Civil Palad, et al. v. Governor of Quezon Province, et al. where
Code, which provides that "the Court, at the instance of an we declared, thus:
interested party or its motion, may order the establishment of  
a permanent trust so that only the income from the property Article 870 of the New Civil Code, which regards as void any
shall be used." Hence, this petition. disposition of the testator declaring all or part of the estate
  inalienable for more than 20 years, is not violated by the
ISSUE: WON the trusteeship over the properties left by trust constituted by the late Luis Palad; because herein
Dona Margarita Rodriguez can be dissolved applying the the will of the testator does not interdict the alienation of
Articles 867 and 870 of the Civil Code as intestacy applies the parcels devised. The will merely directs that the income
for her failure to institute an heir in the will? of said two parcels be utilized for the establishment,
  maintenance and operation of the high school.
HELD: Yes.  
But in the present case, however, the Court reached a
The Court ruled that RTC Manila was mistaken in denying different conclusion as the testatrix specifically prohibited
petitioners’ motion to dissolve and ordering the disposition of the alienation or mortgage of her properties which were
the properties in Clause 10 according to the testatrix’s definitely more than the two (2) properties. The herein
wishes. As regards these properties, intestacy should testatrix’s large landholdings cannot be subjected indefinitely
apply as the decedent did not institute an heir. to a trust because the ownership thereof would then
  effectively remain with her even in the afterlife.
Article 782, in relation to paragraph 2, Article 960 of the Civil  
Code, provides: In light of the foregoing, therefore, the trust on the testatrix’s
  properties must be dissolved.
Art. 782. An heir is a person called to the succession either  
by the provision of a will or by operation of law.
CONDITIONAL TESTAMENTARY CONDITIONS AND
Art. 960. Legal or intestate succession takes place: WITH A TERM
(2) When the will does not institute an heir to, or dispose
of all the property belonging to the testator. In such case,
1MORENTE VS DE LA SANTA, 9 PHIL 387, 1907
legal succession shall take place only with respect to the
property of which the testator has not disposed;
  FACTS:
In herein case, apparent from the decedent’s last will and
testament is the creation of a trust on a specific set of The will of Consuelo Morente contains the following clauses:
properties and the income accruing therefrom. Nowhere in
the will can it be ascertained that the decedent intended 1. I hereby order that all real estate which may belong to me
any of the trust’s designated beneficiaries to inherit shall pass to my husband, Gumersindo de la Santa.
these properties. 
  2. That my said husband shall not leave my brothers after
The decedent’s will did not institute any heir thereto, as my death, and that he shall not marry anyone; should my
clearly shown by the following:
said husband have children by anyone, he shall not convey
 
any portion of the property left by me, except the one-third
1. Clause 2 instructed the creation of trust;
 2. Clause 3 instructed that the remaining income from part thereof and the two remaining thirds shall be and remain
specified properties, after the necessary deductions for for my brother Vicente or his children should he have any.
expenses, including the estate tax, be deposited in a fund
with a bank; 3. After my death I direct my husband to dwell in the camarin
  in which the bakery is located, which is one of the properties
3. Clause 10 enumerated the properties to be placed in belonging to me.
trust for perpetual administration (pangasiwaan sa
habang panahon); Her husband, Gumersindo de la Santa, married again within
  four months of the death of the testatrix. Elena Morente, a
4. Clauses 11 and 12 directed how the income from the sister of the deceased, filed a petition in the proceeding
properties ought to be divided among, and distributed to the relating to the probate of the will of Consuelo Morente
different beneficiaries; and
pending in the Court of First Instance of the Province of
 
Tayabas in which she alleged the second marriage of
5. Clause 24 instructed the administrators to provide medical
support to certain beneficiaries, to be deducted from the fund Gumersindo de la Santa and asked that the legacy to him
deposits in the bank mentioned in Clauses 2 and 3. abovementioned be annulled. Objection was made in the
  court below by the husband to the procedure followed by the
Also, the Court found the RTC’s holding as erroneous in petitioner.
paragraph 4, Article 1013 of the same code specifically
allows a perpetual trust, because this provision of law is ISSUE: WON the will of Consuelo contained modal
inapplicable.  This article is among the Civil Code provisions institution
on intestate succession, specifically on the State
inheriting from a decedent, in default of persons entitled HELD: No. Article 790 of the Civil Code provides that
to succeed. Under this article, the allowance for a testamentary provisions may be made conditional and article
permanent trust, approved by a court of law, covers 793 provides that a prohibition against another marriage may
property inherited by the State by virtue of intestate
in certain cases be validly imposed upon the widow or
succession. The article does not cure a void testamentary
widower. But the question in this case is, Did the testatrix
provision which did not institute an heir. Accordingly, the
article cannot be applied to dispose of herein decedent’s intend to impose a condition upon the absolute gift which is
properties. contained in the first clauses of the will?
 
It is to be observed that by the second clause she directs to collect as legacy the sum mentioned in the will as due
that her husband shall not leave her sisters. It is provided in him, the plaintiff must show that it is in fact a legacy and not
the third clause that he must continue to live in a certain a debt. As he has already attempted to show that this sum
building. It is provided in the second clause that he shall not represents a debt.
marry again. To no one of these orders is attached the
condition that if he fails to comply with them he shall lose the The testator left the total net assets of his estate, without
legacy given to him by the first clause of the will. It is reservation of any kind, to his children per capita. There is no
nowhere expressly said that if he does leave the testatrix's indication that he desired to leave anything by way of legacy
sisters, or does not continue to dwell in the building to any other person. These considerations clearly refute the
mentioned in the will he shall forfeit the property given him in suggestion that the testator intended to leave plaintiff any
the first clause; nor is it anywhere expressly said that if he thing by way of legacy. His claim against the estate having
marries again he shall incur such a loss. We are bound to been a simple debt, the present action was improperly
construe the will with reference to all the clauses contained instituted against the administratrix.
therein, and with reference to such surrounding
circumstances as duly appear in the case, and after such But it is said that the plaintiff's claims should be considered
consideration we cannot say that it was the intention of the as partaking of the nature of a legacy and disposed of
testatrix that if her husband married again he should forfeit accordingly. If this be perfect then the plaintiff would receive
the legacy above mentioned. In other words, there being no nothing until after all debts had been paid and the heirs by
express condition attached to that legacy in reference to the force of law had received their shares. From any point of
second marriage, we cannot say that any condition can be view the inevitable result is that there must be a hearing
implied from the context of the will. sometime before some tribunal to determine the correctness
of the debts recognized in the wills of deceased persons.
In order to make a testamentary provision conditional, such
condition must fairly appear from the language used in the This hearing, in the first instance, cannot be had before the
will. court because the law does not authorize it. Such debtors
must present their claims to the committee; otherwise their
2SANTOS VS MANARANG, 27 PHIL 209, 1914 claims will be forever barred.

FACTS: Don Lucas de Ocampo died on November 18, 3MICIANO VS BRIMO, 50 PHIL 867, 1927
1906, possessed of certain real and personal property which,
by his last will and testament dated July 26, 1906, he left to Topic/Doctrine: SUCCESSIONS; CONDITIONAL
his three children. LEGACY; CONDITION CONTRARY TO LAW; NULLITY
OF.— If the condition imposed upon the legatee is that he
The fourth clause of this will reads as follows: respect the testator’s order that his property be distributed in
accordance with the laws of the Philippines and not in
I also declare that I have contracted the debts detailed accordance with the laws of his nation, said condition is
illegal, because, according to article 10 of the Civil Code,
below, and it is my desire that they may be religiously paid
said laws govern his testamentary disposition, and, being
by my wife and executors in the form and at the time agreed
illegal, shall be considered unwritten, thus making the
upon with my creditors. institution unconditional.

Among the debts, two in favor of the plaintiff, Isidro Santos. FACTS: The partition of the estate left by the deceased
In his petition, asking that the committee be reconvened to Joseph G. Brimo is in question in this case. The judicial
consider his claims, plaintiff states that his failure to present administrator of this estate filed a scheme of partition. Andre
the said claims to the committee was due to his belief that it Brimo, one of the brothers of the deceased, opposed it. The
was unnecessary to do so because of the fact that the court, however, approved it.
testator, in his will, expressly recognized them and directed
that they should be paid. The errors which the oppositor-appellant assigns are: (1)
The approval of said scheme of partition; (2) the denial of his
He alleges that the committee on claims should have been participation in the inheritance; (3) the denial of the motion
for reconsideration of the order approving the partition; (4)
reconvened to pass upon his claim against the estate. It is
the approval of the purchase made by Pietro Lanza of the
clear that this committee has nothing to do with legacies. It is
deceased’s business and the deed of transfer of said
true that a debt may be left as a legacy, either to the debtor, business; and (5) the declaration that the Turkish laws are
or to a third person. But this case can only arise when the impertinent to this cause, and the failure not to postpone the
debt is an asset of the estate. approval of the scheme of partition and the delivery of the
deceased’s business to Pietro Lanza until the receipt of the
ISSUE: Whether or not the testator intended to leave the depositions requested in reference to the Turkish laws.
plaintiff a legacy or a debt?
The appellant’s opposition is based on the fact that the
HELD: The creation of a legacy depends upon the will of the partition in question puts into effect the provisions of Joseph
testator, is an act of pure beneficence, has no binding force G. Brimo’s will which are not in accordance with the laws of
until his death, and may be avoided in whole or in part by the his Turkish nationality, for which reason they are void as
mere with whim of the testator, prior to that time. A debt being in violation of article 10 of the Civil Code.
arises from an obligation recognized by law and once
But the fact is that the oppositor did not prove that said
established, can only be extinguished in a lawful manner.
testamentary dispositions are not in accordance with the
Turkish laws, inasmuch as he did not present any evidence
Debts are demandable and must be paid in legal tender. showing what the Turkish laws are on the matter, and in the
Legacies may, and often do, consist of specific articles of absence of evidence on such laws, they are presumed to be
personal property and must be satisfied accordingly. In order the same as those of the Philippines.
It has not been proved in these proceedings what the
Turkish laws are. He, himself, acknowledges it when he
desires to be given an opportunity to present evidence on
this point; so much so that he assigns as an error of the
court in not having deferred the approval of the scheme of
partition until the receipt of certain testimony requested
regarding the Turkish laws on the matter. The refusal to give
the oppositor another opportunity to prove such laws does
not constitute an error, It is discretionary with the trial court.
and, taking into consideration that the oppositor was granted
ample opportunity to introduce competent evidence, we find
no abuse of discretion on the part of the court in this
particular.

There is, therefore, no evidence in the record that the

national law of the testator Joseph G. Brimo was violated in
the testamentary dispositions in question which, not being
contrary to our laws in force must be complied with.

ISSUE: Whether or not the court erred in approving the

scheme of partition of the estate of Joseph G. Brimo?

HELD: No. The approval of the scheme of partition in

respect was not erroneous. In regard to the first assignment
of error which deals with the exclusion of the herein
appellant as a legatee, inasmuch as he is one of the persons
designated as such in the will, it must be taken into
consideration that such exclusion is based on the last part of
the second clause of the will.

The institution of legatees in this will is conditional, and the

condition is that the instituted legatees must respect the
testator’s will to distribute his property, not in accordance
with the laws of his nationality, but in accordance with the
laws of the Philippines.

If this condition as it is expressed were legal and valid, any

legatee who fails to comply with it, as the herein oppositor
who, by his attitude in these proceedings has not respected
the will of the testator, as expressed, is prevented from
receiving his legacy.

The fact is, however, that the said condition is void, being
contrary to law, for article 792 of the Civil Code. And said
condition is contrary to law because it expressly ignores the
testator’s national law when, according to article 10 of the
Civil Code above quoted, such national law of the testator is
the one to govern his testamentary dispositions.

Said condition then, in the light of the legal provisions above

cited, is considered unwritten, and the institution of legatees
in said will is unconditional and consequently valid and
effective even as to the herein oppositor. Gomez vs. North
Negros Sugar Co.

It results from all this that the second clause of the will
regarding the law which shall govern it, and to the condition
imposed upon the legatees, is null and void, being contrary
to law. All of the remaining clauses of said will with all their
dispositions and requests are perfectly valid and effective it
not appearing that said clauses are contrary to the testator’s
national laws.

The orders appealed from are modified and it is directed that

the distribution of this estate be made in such a manner as to
include the herein appellant Andre Brimo as one of the
legatees, and the scheme of partition submitted by the
judicial administrator is approved in all other respects,
without any pronouncement as to costs.