On August 21, 1915, an order given by the judge of the Court of First Instance arose from interpreting

the true wishes of the testator, Salvador Y Reyes that on accord to clause 6 of the testament, ownership
and dominion of subject property should be awarded to Basilia Gabino, subject to the reservation made
in behalf od Lorenzo Salvador and Emilio Natividad. Because of this, an amendment was ordered to
clarify the confusion on Clause 6 of the testament. The original clause 6 was: “I bequeath to Doña Basilia
Gabino the ownership and dominion of the urban property, consisting of a house and lot situated on
Calle Lavezares of the said district of San Nicolas and designated by No. 520, and in addition eleven
meters by two meters of the lot designated by No. 419, situated on Calle Madrid. This portion shall be
taken from that part of the lot which is adjacent to the rear of said property No. 520. If the said legatee
should die, Lorenzo Salvador shall be obliged to deliver this house, together with the lot on which it
stands, to my grandson Emilio Natividad, upon payment by the latter to the former of the sum of four
thousand pesos (P4,000), Philippine currency.” This case was filed by Emilio Natividad, the administrator
of the estateof the decedent, Tiburcio Salvador Y. Reyes as an appeal from the order upheld by the CFI.

ISSUE: Whether the CFI erred in interpreting clause 6 of the testament

LAWS:

Article 1181. In conditional obligations, the acquisition of rights, as well as the extinguishment or loss of
those already acquired, shall depend upon the happening of the event which constitutes the condition.

Suspensive Condition/Condition Precedent: Also known as condition antecedent – a condition that

rules an obligation as non-existent should an event NOT take place. The event is considered future and
uncertain. If this event does not happen, the parties will stand as if the conditional obligation never
existed;

Resolutory Condition/Condition Subsequent: A condition that extinguishes rights and obligations

already existing; The rights and obligations are already existing but are under threat of extinction upon
the happening or fulfillment of the resolutory condition.

A “but, if” condition: e.g #1: Piece of land given with a resolutory cause that it be used as a park, if a park
is not constructed then entitles the donor to revoke the obligation. e.g #2: propter nuptias e.g #3:
reserva truncal.

RULING:

No. The CFI did not err with their ruling. The condition imposed by the testator in the double legacy
mentioned depends upon the happening of the event constituting the condition, to wit, the death of the
legatee Basilia Gabino, a perfectly legal condition according to article 1114 of the Civil code, as it is not
impossible of performance and is not contrary to law or public morals, as provided in article 1116 of said
code.

The moment the legatee Gabino dies the other legatee, Lorenzo Salvador, is obliged to deliver the
property to the heir Emilio Natividad who, in his turn and in exchange, must pay the legatee Salvador
the sum of P4,000, thereby fulfilling the double legacy contained in the said sixth clause of the will, the
first of these legacies being the voluntary reservation to Basilia Gabino of the ownership of the said
house, and the second, the conditional legacy of P4,000 to Lorenzo Salvador. If the provisions of article
675 of the Civil Code are to be complied with, it cannot be understood that the testator meant to
bequeath to Basilia Gabino the mere usufruct of the property, inasmuch as, by unmistakable language
employed in the said sixth clause, he bequeathed her the ownership or dominion of the said property —
language which expresses without the slightest doubt his wishes which should be complied with literally,
because it is constant rule or jurisprudence that in matters of last wills and testaments the testator's will
is the law. Also, both conditions set forth by the testator are not contrary to law or public morals. The
August 21 Ruling was affirmed, with costs against the appellant.