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3C Succession Case Digests: 4. Heirs of The Late Domingo N. Nicolas v. Metrobank
3C Succession Case Digests: 4. Heirs of The Late Domingo N. Nicolas v. Metrobank
SUCCESSION
CASE DIGESTS
4.
Bonilla v. Barcena
Fule v. Fule
Austria v. Reyes
DKC Holdings v. CA
In re will of Riosa
31. Non v. CA
Petitioners in this case are asserting coownership of the property while respondents claim
that they are the absolute owners by virtue of a deed
of donation executed in their favor. The SC ruled for
respondents. When Virginia P. Viado died intestate in
1982, her part of the conjugal property was
transmitted to her heirs her husband Julian and
their children.. The inheritance, which vested from
the moment of death of the decedent, remained under
a co-ownership regime among the heirs until
partition. Every act intended to put an end to
indivision among co-heirs and legatees or devisees
would be a partition although it would purport to be a
sale, an exchange, a compromise, a donation or an
extrajudicial settlement. The Court found the
Articles 857-870
32. Vda. De Aranas vs. Aranas
Petitioners were assailing the stipulation in
the will which provided that the testators nephew
shall have usufructuary rights and be the first
administrator of certain properties; and that upon his
death or refusal to continue to act as
usufructuary/administrator, the administration shall
pass to the anyone of the sons of his brother.
Petitioners contended that this violated Art. 870, CC.
SC ruled that there was a limitation to the
right of the nephew, namely his death or his refusal.
The disposition must be respected & given effect.
Upon the death or refusal of the nephew, the property
can be disposed of subject to the limitations provided
in Art. 863 concerning fideicommissary substitution.
Articles 871-885
33. Ramirez v. Vda. De Ramirez
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.
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.
34. Miciano vs. Brimo
Testator is a Turkish national who stated in
his will that the institution of legatees therein is
conditional insofar as the said legatees must respect
the testators will to distribute his property in
accordance with the laws of the Philippines. SC ruled
that this condition is void because it is contrary to
law. Under the old civil code, the national law of the
testator should govern his testamentary dispositions.