Blas vs Santos

By: jet

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 died. In 1899, Blas married Maxima
Santos (they had no children) but the properties he
and his former wife acquired during the first marriage
were not liquidated.
In 1936, Simeon Blas executed a will disposing half
of his properties in favor of Maxima the other half for
payment of debts, Blas also named a few devisees
and legatees therein. In lieu of this, Maxima executed
a document whereby she intimated that she
understands the will of her husband; that she
promises that shell be giving, upon her death, one-
half of the properties shell be acquiring to the heirs
and legatees named in the will of his husband; that
she can select or choose any of them depending
upon the respect, service, and treatment accorded to
her by said legatees/heirs/devisees.
In 1937, Simeon Blas died. In 1956, Maxima died and
Rosalina Santos became administratrix of her estate.
In the same year, Maria Gervacio Blas, child of
Simeon Blas in his first marriage, together with three
other grandchildren of Simeon Blas (heirs of Simeon
Blas), learned that Maxima did not fulfill her promise
as it was learned that Maxima only disposed not even
one-tenth of the properties she acquired from Simeon
Blas.
The heirs are now contending that they did not
partition Simeon Blas property precisely because
Maxima promised that theyll be receiving properties
upon her death.

ISSUE: Whether or not the heirs should receive
properties based on the promise of Maxima.

HELD: Yes. The promise is valid and enforceable
upon her death. Though it is not a will (it lacks the
formality) nor a donation, it is still enforceable
because said promise was actually executed to avoid
litigation (partition of Simeon Blas estate) hence it is
a compromise.
It is not disputed that this document was prepared at
the instance of Simeon Blas for the reason that the
conjugal properties of his first marriage had not been
liquidated. It is an obligation or promise made by the
maker to transmit one-half of her share in the
conjugal properties acquired with her husband, which
properties are stated or declared to be conjugal
properties in the will of the husband.



Justice Bautista Angelo, dissenting:

It should be noted that Maxima Santos promise to
transmit is predicated on the condition that she can
freely choose and select from among the heirs and
legatees of her husband those to whom she would
like to give and bequeath depending on the respect,
service and companionship that they may render to
her. Her commitment is not an absolute promise to
give to all but only to whom she may choose and
select. And here this promise has been substantially
complied with when she disposed one-tenth of the
property to some legatees named in Simeons will.