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.
Abad Santos, J.:


FACTS:
Jose Eugenio Ramirez, a Filipino national, died in Spain with only his widow, Marcelle Demonon as compulsory heir. The
property of the deceased is to be divided into two parts. One part shall go to the widow, the other part or "free portion"
shall go to Jorge and Roberto Ramirez, the deceaseds two grandnephews. Furthermore, one third (1/3) of the free
portion is charged with the widow's usufruct and the remaining two-thirds (2/3) with a usufruct in favor of Wanda. Jorge
and Roberto opposed the partition alleging that substitution in favor of Wanda who is an alien is invalid and is a violation
of Art XIII Sec 5 of the Constitution.

ISSUE:
WON the partition is valid insofar as Marcelles legitime, the substitutions and the usufruct of Wanda is concerned

HELD:
Marcelles legitime should not be questioned since she is the widow and no burden, encumbrance, condition or
substitution of any kind shall be imposed. Vulgar substitutions are valid but fideicommissary substitutions are void since
appellants herein are not related to Wanda. The usufruct of Wanda is valid since any alien could avoid the prohibition by
paying money to a Philippine landowner in exchange for a piece of land but an alien may be bestowed usufructuary rights
over a parcel of land in the Philippines. Therefore, the usufruct in favor of Wanda is upheld because it does not vest title to
the land in the usufructuary and it is the vesting of title that is prohibited by the Constitution.