Title
Testate Estate of Ramirez vs. Vda. de Ramirez
Case
G.R. No. L-27952
Decision Date
Feb 15, 1982
A Filipino testator's estate distribution contested over widow's legitime, validity of substitutions, and usufruct to an alien, ruled under Civil Code provisions.

Case Digest (G.R. No. L-27952)
Expanded Legal Reasoning Model

Facts:

  • Background of the decedent and estate
    • Jose Eugenio Ramirez, Filipino national, died in Spain on December 11, 1964; survived only by his widow Marcelle Demoron de Ramirez. His will was probated by the CFI of Manila (Branch X) on July 27, 1965. Maria Luisa Palacios appointed administratrix.
    • Inventory of net estate (after P5,000 debt):
      • 1/6 undivided share in Escolta land & building – P500,000.00
      • 1/6 undivided share in two Antipolo parcels – P658.34
      • 491 shares Central Azucarera de la Carlota – P8,347.00
      • 10,806 shares Central Luzon Milling Co. – P1,620.90
      • Savings in Philippine Trust Co. – P2,350.73
      • Total net value: P507,976.97
  • Testamentary dispositions and partition project
    • Will’s legacies:
      • Nuda propiedad to grandnephews Roberto and Jorge Ramirez, with vulgar and reciprocal substitutions to their descendants.
      • Usufructs: one-third to widow Marcelle, with vulgar/fideicommissary substitution in favor of Wanda de Wrobleski; two-thirds to Wanda, with substitutions (half to Juan Pablo Jankowski, half to Horace V. Ramirez). Usufructuaries may sell without substitutes’ consent.
    • Administratrix’s partition plan (June 23, 1966):
      • Widow to receive one-half in pleno dominio (legitime).
      • Free portion (remaining one-half) to Roberto and Jorge in nuda propiedad; charged with usufruct: one-third for Marcelle, two-thirds for Wanda.
    • Opposition by Roberto and Jorge:
      • Invalidity of substitutions (vulgar/fideicommissary).
      • Violation of constitutional prohibition on alien acquisition of land.
      • Partition plan ignores testator’s specific gift of Santa Cruz Building to them.

Issues:

  • Widow’s legitime and usufruct
    • Is Marcelle entitled to one-half in full ownership plus additional usufruct on the free portion?
    • Does the usufruct grant impair or exceed her legitime?
  • Validity of substitutions
    • Are the vulgar substitutions valid where first heirs survived the testator?
    • Do the fideicommissary substitutions comply with the one-degree rule and duty to transmit?
  • Alien usufruct
    • Does granting a usufruct over real property to an alien (Wanda) violate the 1935 Constitution (Art. XIII, Sec. 5)?
  • Conformity of partition with testator’s will
    • Does the approved partition violate the testator’s express disposition of the Santa Cruz Building to Roberto and Jorge?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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