Consolacion Florentino de CRISOLOGO, et. al., plaintiff-appellees, vs. Dr. Manuel SINGSON, defendant-appellant Dizon, J. February 28, 1962 No. L-13876 Fideicommissary Substitution (FS): It is of the essence of a FS that an obligation be clearly imposed upon the first heir to preserve and transmit to another the whole or part of the estate bequeathed ot him, upon his death or upon the happening of a particular event.
Doctrine
Summary
Three conditions for FS to take place (as per Manresa): (1) A first heir is called to the enjoyment of preferably assets. (2) Clear obligation imposed on first heir to preserve and transmit to a third party all or part of property bequeathed. (3) There is a second heir.
Doña Leona Singson left a will stating that upon the death of her grandniece, Consolacion Florentino, her share on a residential lot shall belong equally equally to testatrix's brothers. The issue arose arose in differing differing interpretatio interpretation n by petitioner petitioner and respondent respondent on whether whether or not not such substitution is fideicommissary. The Court ruled that there is no FS, and only a mere sustitucion vulgar . There was an absence of an express statement by the testatrix of the obligation of Consolacion to preserve and transmit the property to testratrix's brother. Also, there was no clear statement to the effect that Consolacion shall only enjoy usufructuary rights over property, naked ownership thereof being vested vested in the brothers brothers of the testatrix. testatrix. Thus, Thus, Consolacion Consolacion is an an owner pro-indiviso, pro-indiviso, entitled to partition partition of property with the other other heirs; and that substitution shall only take place upon death of Consolacion, whether it happens before or after that of testatrix.
Facts
1
The Will of Doña Leona Singson: was duly probated after she died on January 13, 1948. The testatrix, who died single, owned a 193-sqm residential lot located at Plaridel St., Vigan, Ilocos Sur, with improvements thereon, which was a project of partition submitted and previously approved by CFI Ilocos Sur. Action for partition by Consolacion of residential lot: Because Dr. Singson, brother of testratix, refused to accede to her demands. He contends that Consolacion, grandniece of testatrix, was a mere usufructuary and not owner of one-half pro-indiviso of porperty, thus, she was not entitled to demand partition thereof. Trial Court ruled in favor of Consolacion: She is a co-owner pro-indiviso. Co-owners must execute an agreement of partition; failure to do so, the Court will appoint corresponding commissioners to make the partition. Hence, this appeal by defendant Singson. 2
Issues / Ratio
Held
WON the testamentary disposition provided for in the will is a sustitucion vul gar or or for a sustitut sustitut ion fi deicomisaria deicomisaria . (SUSTITUCION VULGAR or SIMPLE SUBSTITUTION) Court used old Civil Code as testatrix died before effectivity of the New Civil Code. (See notes below) Distinction: Sustitucion Vulgar or Simple Substitution Sustitution Fidecomisaria or Fideicommisary Substitution Effect: Consolacion, upon death of testatrix, Effect: Usufructuary rights only over the same half. became the owner of of one of undivided half of the property. property. Entitled to partition Not entitled to partition See DOCTRINE. Substitution of heirs provided for therein is not expressly made of the fideicommissary kind, nor does it contain a clear statement to the effect that appellee, during her lifetime, shall only enjoy usufructuary rights over the property bequeathed to her, naked ownership ownership thereof being being vested in the brothers brothers of the testatrix. testatrix. Disposition merely provides that upon appellee's death — whether whether this happens before or after that of the testatrix — her her share shall belong to the brothers of the testatrix.
Appealed judgment is AFFIRMED.
Prepared by: KM Liberato [ Succession | Reynante ] NOTES: Provisions used (based on Old Civil Code) with discussion from case: Art. 774. The testator may designate one or more persons to substitute the heir or heirs instituted in case such heir or heirs should die before him, or should not wish or should be unable to accept the inheritance.
simple substitution, without a statement of the cases to which it is to apply, shall include the three mentioned in the next preceeding paragraph, unless the testator has otherwise provided: COURT DISCUSSION: The testator may not only designate the heirs who will succeed him upon his death, but also provide for substitutes in the event that said heirs do not accept or are in no position to accept the inheritance or legacies, or die ahead of him Art. 781. Fidei-commissary substitutions by virtue of which the heir is charged to preserve and transmit to a third person the whole or part of the inheritance shall be valid and effective, provided they do not go beyond the second degree, or that they are made in favor of persons living at the time of the death of the testator." COURT DISCUSSION: The testator may also bequeath his properties to a particular person with the obligation, on the part of the latter, to deliver the same to another person, totally or partially, upon the occurrence of a particular event. Art. 785. The following shall be inoperative: . 1. Fiduciary substitutions not made expressl y, either by giving them this name or by imposing imposi ng upon the fiduciary the absolute obligation of delivering the property to a second heir." 1
At time of execution, nearest living relatives were her brothers (Evaristo, Manuel and Dionisio Singson), her neices (Rosario, Emilia and Trinidad, all surnamed Florentino), Florentino), and her grandniece (Consolacion Florentino). 2 NINETH. - I order you to my granddaughter by my my sister and at the same time living in my house, and therefore under my protection, and is the FLORENTINO CONSOLACION: - (TO). Half of my house strong materials with galvanized iron roof, including half of its solar, located in the town of Vigan, Ilocos Sur, Plaridel Street, currently leased by Fortunato, Teofilo and Pedro del Surname Kairuz brothers. But if you die before or after I mentioned my granddaughter, this property equally between Evaristo my three brothers, Manuel and Dionisio, or their heirs will be given in the event that any of them dies. (Thank you, Google translate!)
