Wills and Succession
WILLS & SUCCESSION Case Digests
Based on the syllabus of Atty. Lielanie Yangyang Espejo, CPA
Succession in General
RAMIREZ vs. RAMIREZ
111 SCRA 82
FACTS: Jose Ramirez a Filipino, died in Spain leaving only his widow Marcelle Ramirez, a French. In the project partition, the property was divided into 2 parts: 1st part to the widow, and 2nd part to the grandnephews the naked ownership. Furthermore, as to the usufruct of the 2nd part, 1/3 was given to the widow and 2/3 to Wanda de Wrobleski, an Austrian. The grandnephews opposed on the ground that usufruct to Wanda is void because it violates the constitutional prohibition against the acquisition of lands by aliens.
ISSUE: WON the ground for the opposition is correct.
HELD: No, it is not correct. The SC held that the Constitutional provision which enables aliens to acquire private lands does not extend to testamentary succession for otherwise the prohibition will be for naught and meaningless. The SC upheld the usufruct in favor of Wanda because although it is a real right, it does not vest title to the land in the usufructuary and it is the vesting of title to land in favor of aliens which is proscribed by the Constitution.
ARTICLE 728. Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession. (620)
JUTIC vs. CA
August 27, 1987
FACTS: Arsenio Seville executed an affidavit in favor of his brother Melquiades. It was stipulated therein that in case the former dies, he would assign all his rights, interest and participation over all his property to Melquiades. Arsenio died intestate and survived by Melquiades, 2 brothers and 2 sisters. Petitioners, children of Arsenio, are now claiming exclusive ownership of the properties of Arsenio on the basis of the affidavit. Private respondents filed a complaint for partition and accounting as relatives
Based on the syllabus of Atty. Lielanie Yangyang Espejo, CPA
Succession in General
RAMIREZ vs. RAMIREZ
111 SCRA 82
FACTS: Jose Ramirez a Filipino, died in Spain leaving only his widow Marcelle Ramirez, a French. In the project partition, the property was divided into 2 parts: 1st part to the widow, and 2nd part to the grandnephews the naked ownership. Furthermore, as to the usufruct of the 2nd part, 1/3 was given to the widow and 2/3 to Wanda de Wrobleski, an Austrian. The grandnephews opposed on the ground that usufruct to Wanda is void because it violates the constitutional prohibition against the acquisition of lands by aliens.
ISSUE: WON the ground for the opposition is correct.
HELD: No, it is not correct. The SC held that the Constitutional provision which enables aliens to acquire private lands does not extend to testamentary succession for otherwise the prohibition will be for naught and meaningless. The SC upheld the usufruct in favor of Wanda because although it is a real right, it does not vest title to the land in the usufructuary and it is the vesting of title to land in favor of aliens which is proscribed by the Constitution.
ARTICLE 728. Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession. (620)
JUTIC vs. CA
August 27, 1987
FACTS: Arsenio Seville executed an affidavit in favor of his brother Melquiades. It was stipulated therein that in case the former dies, he would assign all his rights, interest and participation over all his property to Melquiades. Arsenio died intestate and survived by Melquiades, 2 brothers and 2 sisters. Petitioners, children of Arsenio, are now claiming exclusive ownership of the properties of Arsenio on the basis of the affidavit. Private respondents filed a complaint for partition and accounting as relatives