G.R. No.
L-27952, February 15, 1982
TESTATE
ESTATE OF JOSE EUGENIO RAMIREZ, MARIA LUISA PALACIOS, ADMINISTRATRIX VS.
MARCELLE D. VDA. DE RAMIREZ, ET AL., OPPOSITORS, JORGE AND ROBERTO RAMIREZ,
LEGATEES
FACTS: Jose
Eugenio Ramirez, a Filipino national, died in Spain with only his widow as
compulsory heir. His will was admitted to probate in Manila. The administratrix
submitted a project of partition as follows: the property of the deceased is to
be divided into two parts. One part shall go to the in satisfaction of her
legitime; the other part or "free portion" shall go to Jorge and
Roberto Ramirez. Furthermore, one third (1/3) of the free portion is charged
with the widow's usufruct and the remaining two-third (2/3) with a usufruct in
favor of Wanda.
Jorge
and Roberto opposed the project of partition on the ground that the provisions
for fideicommissary substitutions are invalid because the first heirs are not
related to the second heirs or substitutes within the first degree.
ISSUE: Whether the proposed partition is in accordance with
law.
RULING: NO. It may be useful to recall that Substitution
is the appointment of another heir so that he may enter into the inheritance in
default of the heir originally instituted. As regards the substitution in its
fideicommissary aspect, the appellants are correct in their claim that it is void
for the reason that the substitutes (Juan Pablo Jankowski and Horace V.
Ramirez) are not related to Wanda, the heir originally instituted. Art. 863 of
the Civil Code validates a fideicommissary substitution "provided such
substitution does not go beyond one degree from the heir originally
instituted."
From
this, it follows that the fideicommissary can only be either a child or a
parent of the first heir. These are the only relatives who are one generation
or degree from the fiduciary. There is no absolute duty imposed on Wanda to
transmit the usufruct to the substitutes as required by Arts. 865 and 867 of
the Civil Code. In fact, the appellee admits "that the testator
contradicts the establishment of a fideicommissary substitution when he permits
the properties subject of the usufruct to be sold upon mutual agreement of the
usufructuaries and the naked owners.
Comments
Post a Comment