Wills and succession:

Cases to digest

Borromeo-Herrera vs Borromeo

Dela Merced vs. Dela Merced.

RAMIREZ vs. RAMIREZ

111 SCRA 82

FACTS:

Jose Ramirez a Filipino, died in Spain leaving only his widow Marcelle Ramirez, a French. In the project
partition, the property was divided into 2 parts: 1st part to the widow, and 2nd part to the grandnephews
the naked ownership. Furthermore, as to the usufruct of the 2nd part, 1/3 was given to the widow and
2/3 to Wanda de Wrobleski, an Austrian. The grandnephews opposed on the ground that usufruct to
Wanda is void because it violates the constitutional prohibition against the acquisition of lands by aliens.

ISSUE:

WON the ground for the opposition is correct.

HELD:

No, it is not correct.

The SC held 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. The SC upheld the usufruct in favor of Wanda because although it is a real right, it does not
vest title to the land in the usufructuary and it is the vesting of title to land in favor of aliens which is
proscribed by the Constitution.