G.R. No.

L-27952 February 15, 1982 TESTATE ESTATE OF JOSE EUGENIO RAMIREZ, MARIA LUISA PALACIOS, Administratrix, petitioner-appellee, vs. MARCELLE D. VDA. DE RAMIREZ, ET AL., oppositors, JORGE and ROBERTO RAMIREZ, legatees, oppositors- appellants.

Facts: Jose Eugenio Ramirez, a Filipino national, died in Spain on 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 appointed administratrix of the estate. the widow Marcelle is a French who lives in Paris, while the companion Wanda is an Austrian who lives in Spain. Moreover, the testator provided for substitutions. The deceased was survived by his spouse, 2 grandnephews, and his companion. The administrator submitted a partition to the court which divided the estate into 2: one-half would go to the widow in satisfaction of her legitime; the other half, which is the free portion, would go to the grandnephews; however, 1/3 of the free portion is charged with the widows usufruct and the remaining 2/3 with a usufruct in favor of the companion. The grandnephews opposed the substitution on the ground that the 1st heirs are not related to the substitutes within the 1st degree. Issue: The main issue in this appeal is the manner of partitioning the testate estate of Jose Eugenio Ramirez among the principal beneficiaries, namely: his widow Marcelle Demoron de Ramirez; his two grandnephews Roberto and Jorge Ramirez; and his companion Wanda de Wrobleski. Whether the fideicommissary substitution is valid if the substitutes are related to the companion within one degree. Decision: SC ruled that the fideicommissary substitution is void. The substitutes (grandnephews) are not related to the companion within one degree. In effect, the SC ruled that one degree means one generation and not one designation. So, it follows that the fideicommissary can only be either a child or a parent of the 1st heir.