Case Digest (G.R. No. L-14474)
Case Digest (G.R. No. L-14474)
Facts:
Onesima D. Belen v. Bank of the Philippine Islands and Milagros Belen de Olaguera, G.R. No. L-14474, October 31, 1960, the Supreme Court En Banc, Reyes, J.B.L., J., writing for the Court.Petitioner-appellant Onesima D. Belen sought a judicial declaration in Special Proceedings No. 9226 in the Court of First Instance of Manila concerning the distribution of a legacy under the will and codicil of Benigno Diaz. The codicil, executed September 29, 1944, provided in its paragraph 10 that after certain deductions and priorities the remainder "se distribuira a las siguientes personas que aun viven, o a sus descendientes legitimos" and listed legatees including Filomena Diaz (10%). The will and codicil were admitted to probate after Benigno Diaz’s death on November 7, 1944; administration proceedings were closed in 1950 and the estate was placed under the appellee Bank of the Philippine Islands as trustee for the legatees.
Filomena Diaz died February 8, 1954, leaving two legitimate children: Milagros Belen de Olaguera, who had seven legitimate children of her own, and petitioner Onesima D. Belen. On March 19, 1958, Onesima petitioned the trial court for one-half of whatever share was due to Filomena as legatee, asserting that the phrase "sus descendientes legitimos" should be limited to the descendants nearest in degree (i.e., Filomena’s children) and thus exclude Milagros’ children (Filomena’s grandchildren).
The Court of First Instance denied the petition by order dated May 23, 1958, relying on an earlier resolution which interpreted the phrase to include the legatee’s descendants generally (children and grandchildren). Onesima appealed to the Supreme Court, contending (1) that the trial court’s earlier resolution had not been affirmed by this Court in a prior decision (Arguelles v. Belen de Olaguera, G.R. No. L-10164, Feb. 28, 1958), and (2) that "sus descendientes legitimos" should be interpreted to mean the nearest descendants only (thus excluding grandchildren).
Issues:
- Did this Court in its prior decision in Arguelles v. Belen de Olaguera affirm the trial court’s interpretation of clause 10 of the codicil?
- Does the phrase "sus descendientes legitimos" in the codicil refer only to the descendants nearest in degree (i.e., children) or to all legitimate lineal descendants (including grandchildren), and should the legacy therefore be divided exclusively between the legatee’s children or among children and grandchildren?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)