Institution of Heir

Codal: Articles 840 856

Reference Case #40

Atty. Teresita L. Cruz

R. Ramirez
----------------

TESTATE ESTATE OF THE LATE REVEREND FATHER PASCUAL RIGOR.

THE PARISH PRIEST OF THE ROMAN CATHOLIC CHURCH OF VICTORIA, TARLAC,
petitioner-appellant,
vs.
BELINA RIGOR, NESTORA RIGOR, FRANCISCA ESCOBAR DE RIGOR and JOVITA ESCOBAR DE FAUSTO,
respondents-appellees.
G.R. No. L-22036

April 30, 1979

FACTS:
Testator (Father Rigor) left a will with named devisees constituting his three sisters: Florencia Rigor-Escobar, Belina RigorManaloto and Nestora Rigor-Quiambao as well as his cousin, Fortunato Gamalinda. Also, he devised the 44-has of riceland in
favor to anyone of his nearest male relatives who would pursue an ecclesiastical career until his ordination as a priest.
The lower court approved and all devises was partitioned and delivered except for the 44-ha riceland. Inasmuch as no
nephew of the testator claimed the devise and as the administratrix (Florencia Rigor Escobar) and the legal heirs believed
that the parish priest of Victoria had no right to administer the 44-ha ricelands was not delivered to the church.
After thirteen years, the parish priest of Victoria petition that ricelands be delivered to the church contending that the
testator's grandnephew was studying for the priesthood at the San Jose Seminary.
The intestate heirs countered petition that the bequest be declared inoperative since petitioner admitted that "no nearest
male relative of the testator" has ever studied for the priesthood.
ISSUE:
Did the decedent contemplate only his nearest male relative at the time or at any time of his death to receive the devise?
RATIO DECIDENDI:
The High Court found no merit on the petition.
Citing Article 1025 of the Civil Code, the High Court held that the said bequest refers to the testator's nearest male relative
living at the time of his death and not to any indefinite time thereafter. In order to be capacitated to inherit, the devisee
must be living at the moment the succession opens. The bequest refers to the testator's nephew who was living at the time
of his death, when his succession was opened and the successional rights to his estate became vested, rests on a judicious
and unbiased reading of the terms of the will.
Inasmuch as the testator was not survived by any nephew who became a priest, the unavoidable conclusion is that the
bequest in question was ineffectual or inoperative. Therefore, the administration of the ricelands by the church, as
envisaged in the will, was likewise inoperative.
Concurring with the appellate court, the High Tribunal emphasized that if the devise for any reason should become
ineffective, it shall be merged into the mass of the estate (Art 956) and legal succession shall take place with respect to the
property not effectively disposed (Art 960 [2]).