Title
IN RE: Estate of Rodriguez vs. Lopez
Case
G.R. No. 25966
Decision Date
Nov 1, 1926
Tomas Rodriguez's will named his guardian and cousin as heirs; guardian's death and incapacity invalidated his share, allowing accretion to the other heir, Luz Lopez de Bueno, over intestate claims.

Case Summary (G.R. No. 22041)

Background and Deaths

Tomas Rodriguez executed his last will on January 3, 1924, designating Vicente F. Lopez and his daughter, Luz Lopez de Bueno, as his sole universal heirs. Vicente passed away just four days later, on January 7, 1924, followed by Tomas's death on February 25, 1924. At the time of the will’s execution, Vicente had not finalized his accounts as guardian of Tomas, who had been declared incapable of managing his affairs.

Legal Issues Surrounding the Will

The core issue concerns the validity of the testamentary provision in favor of Vicente, who had been acting as a guardian and was consequently under a special incapacity as per Article 753 of the Civil Code. This article states that gifts made by a ward to their guardian are invalid until the final accounts are approved, grounding the argument that the provision for Vicente’s benefit is void due to his incapacity.

Accretion and Rights of Heirs

Article 982 of the Civil Code addresses accretion in testamentary succession. It asserts that if both Vicente and Luz are called to inherit without designated shares, and if Vicente dies before the testator, Luz would inherit not only her designated half but also Vicente's share. The trial court ruled that Luz is entitled to the entirety of the estate based on these provisions.

Appellant's Argument on Intestacy

Margarita Lopez contends that the will results in partial intestacy regarding Vicente’s share, inferring that this portion should transfer to her as the next of kin. She invokes Articles 764 and 912, arguing that even if a designated heir is disqualified, the remaining shares can still be inherited by lawful successors.

Court's Rationale and Interpretation

The court analyzed the interplay between the two articles: Article 912 dealing with general intestate succession and Article 983 governing specific conditions of accretion. It concluded that the specific rule of accretion in Article 982 overrides the more general provisions regarding intestate succession. This interpretation was supported by Article 986, reiterating that intestate succession only applies when accretion is impossible.

Distinction Between Incapacity and Accretion

An important aspect discussed is the distinction between "incapacity to succeed" and "incapacity to receive." The court found Vicente's incapacity was specific to his role as guardian and did not provide grounds f

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