Case Summary (G.R. No. L-27952)
Key Dates and Applicable Law
Will admitted to probate: July 27, 1965 (Court of First Instance of Manila, Branch X)
Lower court partition order: May 3, 1967
Supreme Court decision date: February 15, 1982
Relevant Constitution: 1935 Philippine Constitution (Article XIII, Section 5)
Civil Code provisions: Articles 857–867 (substitution), 900, 904 (legitime)
Facts of the Estate
Total assets (net of P5,000 debt): P507,976.97, including:
• One-sixth undivided interest in Santa-Cruz Building, Escolta, Manila (P500,000)
• One-sixth undivided interest in two Antipolo parcels (P658.34)
• 491 shares Central Azucarera de la Carlota (P8,347)
• 10,806 shares Central Luzon Milling Co. (P1,620.90)
• Savings account (P2,350.73)
Testamentary Dispositions
- Nuda property of undivided interest in Santa-Cruz Building to Roberto and Jorge Ramirez, with vulgar substitution to their descendants and reciprocal substitution between them.
- Usufruct:
a. One-third for widow Marcelle, with vulgar and fideicommissary substitution to Wanda de Wrobleski.
b. Two-thirds for Wanda, with vulgar and fideicommissary substitution—half to Juan Pablo Jankowski and half to Horace V. Ramirez. - Usufructuaries permitted to sell without substitute intervention.
Lower Court Partition
Administratrix proposed:
• Widow to receive one half of estate in full ownership (legitime) plus one-third usufruct over the free portion.
• Roberto and Jorge to receive naked ownership of the free portion.
• Wanda to hold usufruct over two-thirds of free portion.
Lower court approved this scheme on May 3, 1967.
Issues on Appeal
Appellants challenged:
- Validity of vulgar and fideicommissary substitutions in favor of Wanda, Jankowski, and Horace for surviving heirs.
- Constitutionality of giving alien Wanda usufruct over Philippine real property (Section 5, Article XIII, 1935 Constitution).
- Partition scheme contravening the testator’s express intention for the Santa-Cruz Building legacy.
- Grant of additional usufruct to the widow beyond her legitime.
Widow’s Legitime
Under Civil Code Articles 900 and 904, the surviving widow is entitled to one-half of the estate in full ownership, free of encumbrance or usufruct. Any testamentary grant of a usufruct over estate portion exceeds her legitime and is therefore invalid. The widow’s claim to one-third usufruct over the free portion must be disallowed.
Validity of Substitutions
• Vulgar substitution: Valid for Roberto and Jorge and for Wanda’s usufruct (grounds include death before, refusal, or incapacity to accept).
• Fideicommissary substitution: Invalid in both instances because (a) substitutes (Jankowski and Horace) are not within one degree of the first heir as required by Article 863, and (b) no absolute duty exists to transmit the usufruct, contrary to Articles 865 and 867. The testator’s provision allowing sale without substitute intervention ef
Case Syllabus (G.R. No. L-27952)
Facts
- Testator Jose Eugenio Ramirez, Filipino national, died in Spain on December 11, 1964; survived only by his widow, Marcelle Demoron de Ramirez, a French citizen residing in Paris.
- Will admitted to probate by the CFI of Manila (Branch X) on July 27, 1965; Maria Luisa Palacios appointed administratrix.
- Principal beneficiaries named in the will:
• Widow Marcelle Demoron de Ramirez
• Grandnephews Roberto and Jorge Ramirez (minors)
• Companion Wanda de Wrobleski (Austrian citizen residing in Spain)
Inventory and Liquidation
- Assets inventoried by administratrix, total gross value P512,976.97:
• 1/6 undivided share of Escolta, Manila property – P500,000.00
• 1/6 undivided share of two Antipolo, Rizal parcels – P658.34
• 491 shares Central Azucarera de la Carlota at P17.00 – P8,347.00
• 10,806 shares Central Luzon Milling Co. at P0.15 – P1,620.90
• Savings account, Philippine Trust Co. – P2,350.73 - Less debt to Bank of the Islands (secured by pledge of La Carlota shares) – P5,000.00
- Net estate value – P507,976.97
Testamentary Dispositions
- A. Nuda property (bare ownership) of undivided interest in Santa-Cruz Building to Roberto and Jorge Ramirez with vulgar substitution to their descendants and reciprocal substitution between them.
- B. Usufruct:
• One-third of estate to widow Marcelle, with vulgar/fideicommissary substitution to Wanda de Wrobleski.
• Two-thirds of estate to Wanda, with vulgar/fideicommissary substitution:
– Half of that share to Juan Pablo Jankowski (Palma de Mallorca)
– Half to Horace V. Ramirez (Manila) - Usufructuaries jointly may sell delegated property without interference from fideicommissary heirs.
Partition Project by Administratrix
- Submitted June 23, 1966:
• Divide estate into two parts:
– Widow to receive h