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: 1 st part
to the widow, and 2nd part to the grandnephews the naked ownership.
Furthermore, as to the usufruct of the 2 nd 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.