G.R. No.
113725, June 29, 2000
JOHNNY S.
RABADILLA VS. COURT OF APPEALS AND MARIA MARLENA COSCOLUELLA
Y BELLEZA VILLACARLOS
FACTS: In a Codicil appended to the Last Will and Testament of
testatrix Aleja Belleza, Dr. Jorge Rabadilla was instituted as a devisee of a
parcel of land surveyed as Lot No. 1392 of the Bacolod Cadastre. Pursuant to
the same Codicil, Lot No. 1392 was transferred to the deceased, Rabadilla, and
Transfer Certificate of Title No. 44498 thereto issued in his name. Rabadilla
died and was survived by his wife and children including Johnny (petitioner).
Maria Marlena brought a complaint against the heirs of Dr. Jorge
Rabadilla, to enforce the provisions of subject Codicil alleging that defendant-heirs
failed to comply with their obligation to deliver 100 piculs of sugar to Maria
Marlena from sugar crop years 1985 up to the filing of the complaint as
mandated by the Codicil, despite repeated demands for compliance.
ISSUE: Whether there was no modal institution and the testatrix
intended a mere simple substitution.
RULING: NO. The institution of an heir in the manner prescribed in
Article 882 is what is known in the law of succession as an institucion sub
modo or a modal institution. A "mode" imposes an obligation upon
the heir or legatee but it does not affect the efficacy of his rights to the
succession.
From the provisions of the Codicil litigated upon, it can be gleaned unerringly that the testatrix intended that subject 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 one hundred piculs of sugar to the herein private respondent, Marlena Coscolluela Belleza, during the lifetime of the latter. However, the testatrix did not make Dr. Jorge Rabadilla's inheritance and the effectivity of his institution as a devisee, dependent on the performance of the said obligation. It is clear, though, that should the obligation be not complied with, the property shall be turned over to the testatrix's near descendants. The manner of institution of Dr. Jorge Rabadilla under subject Codicil is evidently modal in nature because it imposes a charge upon the instituted heir without, however, affecting the efficacy of such institution.
Then too, since testamentary dispositions are generally acts of
liberality, an obligation imposed upon the heir should not be considered a
condition unless it clearly appears from the Will itself that such was the
intention of the testator. In case of doubt, the institution should be
considered as modal and not conditional.
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