Title
Natividad vs. Gabino
Case
G.R. No. 11386
Decision Date
Mar 31, 1917
Emilio Natividad contested Tiburcio Salvador y Reyes’ will, arguing Basilia Gabino held only usufruct over property; Supreme Court upheld Gabino’s full ownership, affirming testamentary intent.

Case Summary (G.R. No. 55134)

Background of the Decedent's Family and Will

Tiburcio Salvador y Reyes was legally married to Anselma Nicasio, who died in 1868, leaving a daughter Higinia Salvador. Higinia married Clemente Natividad and passed away in 1913, leaving two grandchildren, Emilio and Purificacion Natividad y Salvador. In his will executed on November 9, 1914, Tiburcio named Emilio and Purificacion as his sole heirs and included a legacy to Basilia Gabino in Clause 6, detailing the ownership of specific urban property.

Content of the Will's Sixth Clause

The sixth clause specifically bequeaths to Basilia Gabino the complete ownership of an urban property located on Calle Lavezares and a portion of an adjacent lot. It stipulates that upon Gabino's death, ownership will revert to Emilio Natividad, provided he pays Lorenzo Salvador, the legatee, a sum of four thousand pesos.

Dispute Over Interpretation of the Legacy

Emilio Natividad, in presenting the partition of the estate, proposed that the legacy to Gabino constituted a right of usufruct rather than outright ownership. Gabino's counsel contested this interpretation, arguing it should recognize her as the rightful owner of the property instead of merely a usufructuary. The trial court subsequently ordered a modification to the partition based on this interpretation.

Legal Question and Appeal

The sole question before the appellate court is the proper construction of the sixth clause of Tiburcio Salvador's will. The court is tasked with determining whether the legacy constitutes ownership or a mere usufruct.

Legal Principles Governing Wills

Under Philippine Civil Code provisions on wills and legacies, the testator retains the right to structure their will as desired, as long as it adheres to legal stipulations. Conditions involving legatees and heirs are viewed through the lens of conditional obligations. The court highlighted that legal conditions surrounding legacies must align with lawful and moral standards, citing articles 1114 and 1116 of the Civil Code.

Analysis of the Will's Clause

Upon analysis, the court indicates that the clause bestows both ownership and a conditional legacy. The simultaneous conditions allow ownership to revert to Emilio Natividad contingent upon the death of Gabino and payment to Lorenzo Salvador, thus fulfilling his double legacy intention

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