Case Summary (G.R. No. L-13876)
Procedural History
Spouses Florentino-Crisologo sued Dr. Singson for partition, alleging each owned an undivided one-half of the property—Consolacion by virtue of Dona Leona’s will and Singson by inheritance. The Court of First Instance declared them co-owners (½ each) and ordered partition; on appeal, that judgment was affirmed by the Court of Appeals (G.R. No. 3605-R). The present appeal (G.R. No. L-13876) followed.
Testamentary Provision (Clause IX)
In her 1951 will, Dona Leona bequeathed to her grandniece Consolacion Florentino “half of my house of strong materials with galvanized iron roof, including half of its lot” at Vigan. She further provided that, if Consolacion died before or after the testatrix, “this property shall be given in equal parts” to her three brothers—Evaristo, Manuel, Dionisio—or to their forced heirs.
Applicable Law
Civil Code of 1889 (in force at testatrix’s death). Key provisions:
- Art. 774: Permits simple (vulgar) substitution to replace an heir who predeceases, declines or cannot accept the inheritance.
- Art. 781: Validates fideicommissary substitution (heir charged to preserve and transmit inheritance) up to second degree or in favor of persons living at testator’s death.
- Art. 785: Requires fideicommissary substitution to be expressly named or to impose an absolute obligation on the fiduciary to deliver the property to a second heir.
Distinction Between Substitutions
A fideicommissary substitution demands an explicit mandate on the first heir to conserve and transmit the inheritance to a second heir; simple substitution operates by naming a substitute without such obligation. Jurisprudence and doctrine (Manresa) emphasize that absence of an express obligation or terminology of fideicommissary substitution yields a vulgar substitution.
Analysis and Holding
Clause IX does not expres
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Facts of the Case
- The subject property is a residential lot with improvements, located on Plaridel Street, Vigan, Ilocos Sur, covering approximately 193 square meters and registered as Tax No. 10765-C.
- Dona Leona Singson, the original owner, died single on January 13, 1948, leaving surviving relatives: her brothers Evaristo, Manuel, and Dionisio Singson; her nieces Rosario, Emilia, and Trinidad Florentino; and her grandniece Consolacion Florentino.
- On July 31, 1951, Dona Leona executed her last will, which was later admitted to probate in Special Proceeding No. 453 of the Court of First Instance of Ilocos Sur and affirmed by the Court of Appeals (G.R. No. 3605-R).
- Clause IX of the will bequeathed to Consolacion Florentino “the half of my house of strong materials with galvanized iron roof, including half of its lot,” with the provision that if Consolacion died before or after the testatrix, her portion “shall be given in equal parts” to the testatrix’s three brothers or their forced heirs.
Procedural History
- Spouses Consolacion Florentino and Francisco Crisologo (plaintiffs-appellees) filed an action for partition against Dr. Manuel Singson (defendant-appellant), alleging co-ownership: Consolacion by virtue of the will and Singson by inheritance.
- The Court of First Instance of Ilocos Sur, after trial, rendered judgment:
• Declared each party co-owner of an undivided one-half share.
• Ordered them to execute a partition agreement within 30 days, sub