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Blas et al vs Santos et al Sometime before 1898, Simeon Blas married Marta Cruz with whom he had three children. He also had grandchildren from his children with Marta Cruz. In 1898, Marta Cruz Cruz died died.. In 1899 1899,, Blas Blas marri married ed Mai Maima ma Sant Santos os !the" !the" had had no child children ren## but but the the $ro$erties he and his former wife ac%uired during the first marriage were not li%uidated. In 19&', Simeon Blas eecuted a will dis$osing half of his $ro$erties in fa(or of Maima the other half for $a"ment of debts, Blas also named a few de(isees and legatees therein. In lieu of this, Maima eecuted a document whereb" she intimated that she understands the will of her husband) that she $romises that she*ll be gi(ing, u$on her death, one+half of the $ro$erties she*ll be ac%uiring to the heirs and legatees named in the will of his husband) that she can select or choose an" of them de$ending u$on the res$ect, ser(ice, and treatment accorded to her b" said legateesheirsde(isees. In 19&-, 19&-, Sime Simeon on Blas Blas died died.. In 19' 19',, Mai Maima ma died died and and /osa /osali lina na Santo Santos s becam became e administratri of her estate. In the same "ear, Maria 0er(acio Blas, child of Simeon Blas in his first marriage, together with three other grandchildren of Simeon Blas !heirs of Simeon Blas#, learned that Maima did not fulfill her $romise as it was learned that Maima onl" dis$osed not e(en one+tenth of the $ro$erties she ac%uired from Simeon Blas. he heirs are now contending that the" did not $artition Simeon Blas* $ro$ert" $recisel" because Maima $romised that the"*ll be recei(ing $ro$erties u$on her death. ISSUE:
2hether or not the heirs should recei(e $ro$erties based on the $romise of
Maima. HELD:
3es. he $romise is (alid and enforceable u$on her death. hough it is not a will
!it lac4s the formalit"# nor a donation, it is still enforceable because said $romise was actuall" eecuted to a(oid litigation !$artition of Simeon Blas* estate# hence it is a com$romise. It is not dis$uted that this document was $re$ared at the instance of Simeon Blas for the reason that the con5ugal $ro$erties of his first marriage had not been li%uidated. It is an obligation or $romise made b" the ma4er to transmit one+half of her share in the
con5ugal $ro$erties ac%uired with her husband, which $ro$erties are stated or declared to be con5ugal $ro$erties in the will of the husband.