Blas et al vs Santos et al

Sometime before 1898, Simeon Blas married Marta Cruz with whom he had three
children. He also had grandchildren from his children with Marta Cruz. In 1898, Marta
Cruz died. In 1899, Blas married Maxima Santos (they had no children) but the
properties he and his former wife acquired during the first marriage were not liquidated.
In 1936, Simeon Blas executed a will disposing half of his properties in favor of Maxima
the other half for payment of debts, Blas also named a few devisees and legatees
therein. In lieu of this, Maxima executed a document whereby she intimated that she
understands the will of her husband; that she promises that shell be giving, upon her
death, one-half of the properties shell be acquiring to the heirs and legatees named in
the will of his husband; that she can select or choose any of them depending upon the
respect, service, and treatment accorded to her by said legatees/heirs/devisees.
In 1937, Simeon Blas died. In 1956, Maxima died and Rosalina Santos became
administratrix of her estate. In the same year, Maria Gervacio Blas, child of Simeon Blas
in his first marriage, together with three other grandchildren of Simeon Blas (heirs of
Simeon Blas), learned that Maxima did not fulfill her promise as it was learned that
Maxima only disposed not even one-tenth of the properties she acquired from Simeon
Blas.
The heirs are now contending that they did not partition Simeon Blas property precisely
because Maxima promised that theyll be receiving properties upon her death.
ISSUE: Whether or not the heirs should receive properties based on the promise of
Maxima.
HELD: Yes. The promise is valid and enforceable upon her death. Though it is not a will
(it lacks the formality) nor a donation, it is still enforceable because said promise was
actually executed to avoid litigation (partition of Simeon Blas estate) hence it is a
compromise.
It is not disputed that this document was prepared at the instance of Simeon Blas for the
reason that the conjugal properties of his first marriage had not been liquidated. It is an
obligation or promise made by the maker to transmit one-half of her share in the

conjugal properties acquired with her husband, which properties are stated or declared
to be conjugal properties in the will of the husband.