Title
Osorio vs. Osorio
Case
G.R. No. 16544
Decision Date
Mar 30, 1921
Leonardo Osorio claims 610 Ynchausti Steamship Co. shares and dividends, donated by his mother Petrona Reyes. Court affirms donation's validity, ruling shares and dividends belong to him.

Case Summary (G.R. No. 16544)

Background Facts and Property Dispute

Antonio Osorio held one-third of the capital in Ynchausti & Co., a joint account association engaged in shipping business amounting to P500,000. Upon his death, his heirs authorized the administratrix Tomasa Osorio to present a partition project, which included the sum of P94,000 as Petrona Reyes' share in the shipping business, derived from administration proceedings approved by the Court of First Instance of Cavite in 1915. Before the estate distribution, Petrona Reyes executed a donation to her son, Leonardo Osorio, of one-half of her interest in one-third of the shipping business share, documented on February 28, 1914, and later ratified on July 3, 1915, correcting the stated source of her donation.

Nature of Donation and Heirs’ Rights

The donation from Petrona Reyes to Leonardo Osorio was supported by the valid exercise of her rights as heir and widow of Antonio Osorio, entitling her to a share in the inheritance, specifically in the Ynchausti & Co. shipping business. Despite the formal partition of the estate occurring after the initial donation, the law recognizes that heirs acquire the rights of the deceased immediately upon death (pursuant to Articles 657, 661, and 989 of the Civil Code), thus allowing Petrona Reyes to legally donate her interest even before formal partition.

Applicable Law on Donation of Future or Inheritance Property

The defense argued that the donation was void under Article 635 of the Civil Code, which prohibits donation of future property—defined as property nonexistent or not owned by the donor at the time of donation. The Court analyzed this in light of legal doctrine (citing Manresa’s commentaries) and held that inheritance property, although not yet partitioned, is not considered future property because the heirs acquire rights by operation of law immediately on the death of the decedent. As a result, Petrona Reyes legally possessed a vested right in the inheritance that she could dispose of by donation.

Legal Effect of Subsequent Ratifying Document

The July 3, 1915, document executed by Petrona Reyes merely ratified and clarified the earlier February 28, 1914, donation rather than constituting a new donation. The acceptance of the original donation by Leonardo Osorio satisfied the contractual requirement under Article 623 of the Civil Code, rendering the donation legally effective.

Ownership and Inclusion of Shares in Dispute

The main contention by the appellants was that the 610 shares of stock (valued at P61,000), representing Petrona Reyes' share in the steamer Governor Forbes, were not covered by the donation since the vessel was acquired after Antonio Osorio’s death with loans allegedly contributed individually by the heirs, not by the estate or the existing partnership. The Court found, based on evidence including depositions and admissions by the parties, that the Governor Forbes was purchased as a part of the shipping business of Ynchausti & Co., and the Osorio heirs had a one-third interest therein. The contractual guaranty signed by the heirs did not negate their participation in the business, but merely secured the loan.

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