Professional Documents
Culture Documents
15 por accion
..............................................1,620.90
TESTATE ESTATE OF JOSE EUGENIO RAMIREZ, MARIA
LUISA PALACIOS, Administratrix, petitioner-appellee, Cuenta de Ahorros en el
vs. Philippine Trust
MARCELLE D. VDA. DE RAMIREZ, ET AL., oppositors, JORGE
and ROBERTO RAMIREZ, legatees, oppositors- appellants. Co.......................................................................
....................... 2,350.73
TOTAL...................................
ABAD SANTOS, J.: ...........................
P512,976.97
The main issue in this appeal is the manner of partitioning the
testate estate of Jose Eugenio Ramirez among the principal MENOS:
beneficiaries, namely: his widow Marcelle Demoron de Ramirez;
his two grandnephews Roberto and Jorge Ramirez; and his Deuda al Banco de las Islas
companion Wanda de Wrobleski. Filipinas, garan-
The task is not trouble-free because the widow Marcelle is a tizada con prenda de las acciones de La Carlota
French who lives in Paris, while the companion Wanda is an ......... P 5,000,00
Austrian who lives in Spain. Moreover, the testator provided for
substitutions.
VALOR
LIQUIDO................................
Jose Eugenio Ramirez, a Filipino national, died in Spain on ........... P507,976.97
December 11, 1964, with only his widow as compulsory heir. His
will was admitted to probate by the Court of First Instance of
Manila, Branch X, on July 27, 1965. Maria Luisa Palacios was The testamentary dispositions are as follows:
appointed administratrix of the estate. In due time she submitted
an inventory of the estate as follows: A.—En nuda propiedad, a D. Roberto y D. Jorge
Ramirez, ambas menores de edad, residentes
INVENTARIO en Manila, I.F., calle 'Alright, No. 1818, Malate,
hijos de su sobrino D. Jose Ma. Ramirez, con
sustitucion vulgar a favor de sus respectivos
Una sexta parte (1/6) descendientes, y, en su defecto, con sustitucion
proindiviso de un te vulgar reciprocal entre ambos.
It may be useful to recall that "Substitution is the appoint- judgment (a) The substitutes (Juan Pablo Jankowski and Horace V.
of another heir so that he may enter into the inheritance in default Ramirez) are not related to Wanda, the heir originally instituted.
of the heir originally instituted." (Art. 857, Civil Code. And that there Art. 863 of the Civil Code validates a fideicommissary substitution
are several kinds of substitutions, namely: simple or common, brief "provided such substitution does not go beyond one degree from
or compendious, reciprocal, and fideicommissary (Art. 858, Civil the heir originally instituted."
Code.) According to Tolentino, "Although the Code enumerates
Wills and Succession Succession in General 1
What is meant by "one degree" from the first heir is explained by One-half (1/2) thereof to his widow as her legitime;
Tolentino as follows:
One-half (1/2) thereof which is the free portion to Roberto and
Scaevola Maura, and Traviesas construe Jorge Ramirez in naked ownership and the usufruct to Wanda de
"degree" as designation, substitution, or Wrobleski with a simple substitution in favor of Juan Pablo
transmission. The Supreme Court of Spain has Jankowski and Horace V. Ramirez.
decidedly adopted this construction. From this
point of view, there can be only one tranmission The distribution herein ordered supersedes that of the court a quo.
or substitution, and the substitute need not be No special pronouncement as to costs.
related to the first heir. Manresa, Morell and
Sanchez Roman, however, construe the word
"degree" as generation, and the present Code SO ORDERED.
has obviously followed this interpretation. by
providing that the substitution shall not go
beyond one degree "from the heir originally
instituted." The Code thus clearly indicates that
the second heir must be related to and be one
generation from the first heir.
The appellants claim that the usufruct over real properties of the
estate in favor of Wanda is void because it violates the
constitutional prohibition against the acquisition of lands by aliens.
The court a quo upheld the validity of the usufruct given to Wanda
on the ground that the Constitution covers not only succession by
operation of law but also testamentary succession. We are of the
opinion 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.
Any alien would be able to circumvent the prohibition by paying
money to a Philippine landowner in exchange for a devise of a
piece of land.