Beruflich Dokumente
Kultur Dokumente
March 29 1961| Labrador, J. | What may NOT be objects of contracts- Future inheritance
PETITIONER: Maria Gervacio Blas, Manuel Gervacio Blas, Leoncio Gervacio Blas And Loda Gervacio Blas
RESPONDENT: Rosalina Santos, in her capacity as Special Administratrix of the Estate of the deceased
Maxima Santos Vda. De Blas, in Sp. Proc. No. 2524, Court of First Instance of Rizal, defendantsappellants. Marta Gervacio Blas and Dr. Jose Chivi
SUMMARY: Simeon Blas married Marta Cruz with whom he has heirs. Marta died in 1898. Simeon
married Maxima in 1899. 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. In lieu of this, Maxima executed a document, Exhibit A , that she I
will respect and obey all and every disposition of said will and promises that shell be giving onehalf of the properties shell be acquiring to the heirs and legatees named in the will of her husband.
Simeon Blas died. Heirs of Simeon Blas with Marta learned that Maxima did not comply with her promise.
TC: Dismissed the complaint SC: held that Exhibit A was a compromise and a contract with sufficient
cause and consideration.
DOCTRINE: When agreement to transmit onehalf of conjugal share is a contract as to future
inheritance.
A document signed by the testator's wife, promising that she would respect and obey all the
dispositions in the latter's will, and that she would hold onehalf of her share in the conjugal
assets in trust for the heirs and legatees of her husband in his will, with the obligation of
conveying the same to such of his heirs or legatees as she might choose in her last will and
testament, is a compromise and at the same time a contract with sufficient cause or consideration.
It will be noted that what is prohibited to be the subject matter of a contract under Article
1271 of the Civil Code is "future inheritance."
4. Another document (Exhibit A) was executed by
FACTS:
Maxima/W2 which states that one-half of her shares of the
1. Simeon Blas married twice. (see flowchart below)
properties left to her by her husband, she would give to the
heirs and legatees or the beneficiaries (plaintiffs) named in
First marriage was with Marta Cruz. (had 3
the will of her husband.
children: only one of whom, Eulalio , had left
children namely Maria, Marta and Lazaro. Lazaro is "KNOW ALL MEN BY THESE PRESENTS:
survived by his 3 legitimate children).
2.
3.
That I have read and knew the contents of the will signed by my
husband, SIMEON BLAS, (2) and I promise on my word of honor
in the presence of my husband that I will respect and obey all and
every disposition of said will (3) and furthermore, I promise in this
document that all the properties my husband and I will leave, the
portion and share corresponding to me when I make my will, I
will give onehalf () to the heirs and legatees or the beneficiaries
named in the will of my husband, (4) and that I can select or
choose any of them, to whom I will give depending upon the
respect, service and treatment accorded to me.
IN WITNESS WHEREOF, I signed this document this 26th day of
December, 1936 at San Francisco del Monte, San Juan, Rizal,
Philippines." (Exh. "A", pp. 3031, Appellant's brief).
II
"1. Onehalf of our properties, after the payment of my and our
indebtedness, all these properties having been acquired during
marriage (conjugal properties), constitutes the share of my wife
Maxima Santos de Blas, according to the law."
5.
6.
7.
ISSUE/S:
1. WoN Exhibit A is a valid contract since the object is a future
inheritance? (WoN the plaintiffs have/can claim from of
the properties received by Santos on the basis of Exhibit A)
a. WoN Maxima complied with her obligation?
RATIO:
Yes. Exhibit A is a compromise (to avoid litigation) and at the
same time a contract with a sufficient cause or consideration.
It is not a contract on future inheritance.
-
Other issues.
upon learning
#1
of such failure on the part of Maxima Santos
Defendants alleged: Project of partition,
to comply
adjudicating to Maxima Santos onehalf as her
with said promise.
share in the conjugal properties, is a bar to
JBL Reyes. Concurring. Mostly about Succession.
another action on the same subject matter,
Doctrine set by the SC of Spain is but one of a series of
Maxima Santos having become absolute owner
decisions reaffirming the legal proposition therein laid
of the said properties adjudicated in her favor.
down. It can thus be seen that the constant
Failure of the plaintiffs to oppose the project of
authoritative interpretation of the prohibition against
partition in the settlement of the estate of
agreements involving future inheritance requires not
only that a future succession be contemplated but also
Simeon Blas, especially that portion of the
that the subject matter of the bargain should be either
project which assigned to Maxima Santos onethe universality or complex or mass of property
half of all the conjugal properties, bars present
owned by the grantor at the time of his death, or
action,
else an aliquot portion thereof.
SC held: Devoid of merit. These contentions
xxx
would be correct if applied to the claim of the
Since the agreement in the instant case did not
plaintiffsappellants that said properties were
refer to
the future estate of the widow of Blas, but only to
acquired with the first wife, Marta Cruz.
- But the main ground upon which plaintiffs
part of
her present property at the time the contract was
base their present action is the document
made
Exhibit "A".
since the promise to retransfer onehalf of her
- contains the express promise made by
conjugal
Maxima Santos to convey in her testament,
share was supported by adequate consideration as
upon her death, onehalf of the conjugal
shown
properties she would receive as her share in in the main decision since the contract obviated
protracted
the conjugal properties, the action to enforce
the said promise did not arise until and after litigation and complicated accounting in settling the
conjugal partnership' of Blas and his first (deceased)
her death when it was found that she did
wife
not comply with her abovementioned
and since the testament that the widow promised to
promise.
make
was merely,the mode chosen to perform the contract
- plaintiffs did not question the validity of the
and
project of partition precisely because of the
carry out the promised devolution of the property,
promise made by Maxima Santos in the
being
compromise Exhibit "A" they acquiesced in
thus of secondary importance, I can see no reason
the approval of said project of partition
for
because they were relying on the promise made
declaring the entire arrangement violative of the
legal
by Maxima Santos in Exhibit "A", that she
interdiction of contracts over future inheritance, and
would transmit onehalf of the conjugal
properties that she was going to
Married 1898
receive as her share in the conjugal
Simeon Blas
partnership, upon her death and in
+
her will, to the heirs and legatees of
Marta Cruz Died in
1898
her husband Simeon Blas,
#2
Defedentants: Prescription
Eulalio
Child 2
Child
SC: Neither can the claim of prescription
be considered in
favor of the defendants. The right of
Lazaro Gervacio
Marta
Maria
Blas
action arose at the
Gervacio
Gervacio
Blas
Blas
time of the death of Maxima Santos on
Died in 1952
October 5, 1956,
Manuel
Leoncio
Loida
when she failed to comply with the
Gervacio
Gervacio
Gervacio
promise made by her in Exhibit "A". The
Blas
Blas
Blas
plaintiffsappellants immediately
disappoint the legitimate expectation held by the
presented this action on December 27, 1956,
heirs of
1347 of
the Civil Code of the Philippines.
Baustista Angelo J, Dissenting
While I agree with the theory that the Exhibit "A"
does not involve a contract on future inheritance but
a promise made by Maxima Santos to transmit onehalf of her share I am however of the opinion that
herein appellantshave no cause of action because
Maxima Santos has substantially complied with her
promise.
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.
Marta Gervacio Blas, given a legacy of only
P38,000.00 in the will of Simeon Blas, was given by
her a legacy worth around P400,000.00
Loida Gervacio Blas (or Luding Blas) and Leoncio
(Leony) Gervacio Blas were given a legacy of P800.00
each every year to last during their lifetime
Lorenzo Santos was given a legacy of two fishponds
and onetenth of the whole residuary estate. It may
be stated that although appellant Maria Gervacio Blas
was not given any legacy in Maxima Santos' will, yet
her son Simeon Dungao was given a legacy of a
residential land in Tonsuya, Malabon.
Married in 1899
Simeon Blas
+
Maxima Santos
Rosalina Santos
Special Administratrix
of the Estate of
deceased Maxima
Santos