#60 TESTATE ESTATE OF RAMIREZ v. RAMIREZ, ET AL.

G.R. No. L-27962, February 15, 1982

FACTS:

Jose Ramirez died and left his widow, Marcelle, his two grandnephews Roberto and Jorge, and his
companion Wanda as his principal beneficiaries. The will stated that 1/2 of his estate and the 1/3 of the
usufruct shall belong to Marcelle, that the grandsons shall have 1/2, and the usufruct shall be in favor of
Wanda.

ISSUE:

Is the partition valid?

HELD:

No. As to the usufruct granted to Marcelle, the court ruled that to give Marcelle more than her legitime
will run counter to the testator’s intention for his dispositions even impaired her legitime and tended to
favor Wanda.As to the usufruct in favour of Wanda, the Court upheld its validity. 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. Any alien would be able to circumvent the
prohibition by paying money to a Philippine landowner in exchange for devise of a piece of land.
Notwithstanding this, the Court upholds the usufruct in favour of Wanda because a usufruct does not
vest title to the land in the usufructuary and it is the vesting of title to aliens which is proscribed by the
Constitution.

#79 SUMAYA v. INTERMEDIATE APPELLATE COURT

G.R. No. 68843-44, September 2, 1991

FACTS:

Raul Balantakbo inherited from two (2) different ascendants the two (2) sets of properties subject of this
case: 1) 1/3 interest of a parcel of land from his father Jose, Sr., who died on January 28, 1945; and 2)
1/7 interest from his maternal grandmother, Luisa Bautista, who died on November 3, 1950. On June 13,
1952, Raul died intestate, single, without any issue, and leaving only his mother, Consuelo Joaquin Vda.
deBalantakbo, as his sole surviving heir to the subject real properties.

Vda. de Balantakbo caused the registration of an affidavit of self-adjudication of the estate of Raul,
wherein it was clearly stated that the properties were inherited by Raul from his father Jose, Sr. and
from his maternal grandmother, Luisa Bautista.

Vda de Balantakbo sold the property to Sumaya which was subsequently sold to Villa Honorio
Development Corporation. Villa then transferred and assigned its rights over the property to Agro
Industrial Coconut Cooperative.

The parties admit that the certificates of titles covering the above described properties do not contain
any annotation of its reservable character.
On March 4, 1970,five brothers in full blood of Raul Balantakbo and three surviving children of deceased
Jose Balantakbo, Jr., another brother of the first named Balantakbos, filed civil cases to recover the
subject properties which they claimed were subject to a reserve troncal in their favor.

ISSUE:

Whether or not the affidavit of self-adjudication executed by Consuelo stating the source of the
properties thereby showing the reservable nature of the properties is sufficient annotation of the
reservable nature of the same.

HELD:

No. The Court disagreed with the disposition of the appellate court that there is no need to register the
reservable character of the property, if only for the protection of the reservees (reservatarios), against
innocent third persons.

In this case, the affidavit of self adjudication executed by Consuelo Vda. de Balantakbo which contained
a statement that the property was inherited from a descendant, Raul, which has likewise inherited by
the latter from another ascendant, was registered with the Registry of Property. The failure of the
Register of Deeds to annotate the reservable character of the property in the certificate of title cannot
be attributed to Consuelo.