Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1908 > December 1908 Decisions > G.R. No. 3394 December 23, 1908 - ACISCLO JIMENEZ, ET AL. v. TRINIDAD BAUTISTA

012 Phil 322:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 3394. December 23, 1908. ]

ACISCLO JIMENEZ, administrator of the estate of Maria Josue, deceased, and BARBARA LELIS, Plaintiffs-Appellants, v. TRINIDAD BAUTISTA, Defendant-Appellee.

Pedro Concepcion, for Appellants.

Federico Olbes, for Appellee.

SYLLABUS


1. ESTATES; WILLS; DISINHERITANCE; HEIRS BY FORCE OF LAW. — L. died in 1883 leaving surviving him his wife, father, mother, and one sister. By will he left his property to his wife. The will was duly probated without objection on the part of the surviving relatives, and the wife remained in possession. The father died in 1884 and the mother in 1897. In 1905 an action was begun by the administrator of the mother’s estate for a partition of the estate of L. The defendant entered a special denial alleging, among other things, that she had paid the debts of L.’s estate, which amounted to more than the value of the property left to her by her husband. Held:chanrob1es virtual 1aw library

1. That, under the Laws of Toro, in force in 1883, L. could not deprive the "heirs by force of law" of their legal portion without assigning some special reason. (Law 6 of Toro; Law 1, title 8, partida 6 Escuin v. Escuin, 11 Phil. Rep., 332.)

2. That, when such heirs accept the property of an estate, under the Laws of Toro, they become obligated to pay the debts of the estate, at least to the extent of the value of the property. (Law 1, title 8, partida 6.)

3. That if one of such heirs alone pays the debts of the estate, he is entitled to be reimbursed by the estate. (Law 1, title 8, partida 6.)

4. That the statute of limitation applicable to actions like the present one. is Law 63 of Toro.


D E C I S I O N


JOHNSON, J. :


The following facts seem to be admitted of record:chanrob1es virtual 1aw library

First. That Teodoro Lelis and Maria Josue were husband and wife.

Second. That during their marriage they had two children, Donato Lelis and Barbara Lelis.

Third. That Donato Lelis as lawfully married to the defendant Trinidad Bautista.

Fourth. That in 1883 Donato Lelis died, leaving surviving him his wife, Trinidad Bautista, and his father and mother and sister.

Fifth. That, at the time of the death of Donato Lelis, he was in possession of various pieces or parcels of land situated in the Province of Sorsogon.

Sixth. That some days prior to the death of Donato Lelis, he made a will leaving all of his property to his wife, Trinidad Bautista.

Seventh. That this will was duly admitted to probate in the Curt of First Instance of said province.

Eighth. That his wife, Trinidad Bautista, paid some of the debts against the estate of her deceased husband, the exact amount of which does not clearly appear of record.

Ninth. That since the death of her husband in 1883 or 1884, Trinidad Bautista has remained in possession of all of the property left by Donato Lelis.

Tenth. That Teodoro Lelis died on the 22d of November, 1884.

Eleventh. That Maria Josue died on the 29th of September, 1897.

Twelfth. That probably (the record does not disclose the fact) Acislo JIMENEZ was duly and regularly appointed as administrator of the estate of Maria Josue, deceased.

Thirteenth. That on the 29th day of July, 1905, the plaintiffs commenced an action against the defendant for the purpose of —

(1) To have a partition of the property left by Donato Lelis; and

(2) To have the portion corresponding to Maria Josue delivered to the administrator of the estate of the said Maria Josue, deceased.

The defendant filed both a general and a special answer.

The defendant made the following special defense:chanrob1es virtual 1aw library

First. That Donato Lelis, her husband, died in 1883, leaving a will under which she was named as the only heir, and that she had been in possession of the property of her husband as such heir since the death of her husband.

Second. That Donato Lelis brought no property to the marital relation, and that all of the property left by her husband was bienes gananciales.

Third. That the defendant had paid the debts of the estate of Donato Lelis, which amounted to more than the value of the property left by her husband.

To this answer of the defendant the plaintiff filed a demurrer, maintaining that the answer of the defendant did not constitute a defense to the cause of action of the plaintiff. The court overruled this demurrer and the defendant duly excepted.

After hearing the evidence adduced during the trial of the cause, the judge of the lower court reached the following conclusions upon the questions presented:chanrob1es virtual 1aw library

First. That Donato Lelis had no authority under the law in force at that time by will to leave all of his property to his wife to the exclusion of herederos forzosos, citing in support of this contention law 10, title 7, part. 6 (a); law 1 (a), title 8 (o), part. 6 (a); Escriche, Diccionario Razonado de Legislacion y Jurisprudencia, vol. 4, page 638.

Second. That, by reason of the fact that Donato Lelis had no authority under the law to so dispose of his property, his will was null and void, citing in support of this conclusion the authorities above and in addition thereto Escriche, Diccionario, etc., pages 299 and 1101.

Third. That the mere fact that the herederos forzosos had not appeared at the time of the probation of the will, did not have the effect of depriving them of the right to insist upon their portion of the inheritance, under the law, within the period prescribed by law, citing in support of this conclusion decisions of the supreme court of Spain of the 26th of September, 1876, the 29th of September, 1877, and also law 18, title 6, part. 6 (a), and law 101, title 18, part. 3 (a).

The lower court further held that the order of the court made at the time of the probation of the will to the effect that the defendant under said will became the owner of all of the property left by her husband, Donato Lelis, did not have the effect of giving her the sole right to the property as against the herederos forzosos.

Fourth. The lower court held that the period of prescription applicable to actions by omitted heirs is thirty years, citing in support of this conclusion Law 63 of Toro, decisions of the supreme court of Spain of November 17, 1865, December 12, 1865, December 30, 1865, 6 Manresa, 325, and 7 Manresa, 403.

Fifth. That the defendant had paid the debts of the estate of Donato Lelis, which debts exceeded the value of the property and that, therefore, the defendant was entitled to said property left by her husband.

From the foregoing conclusions of the lower court the plaintiff appealed and made the following assignments of error:jgc:chanrobles.com.ph

"I. The court erred in overruling the demurrer presented by the plaintiffs to the answer of the defendant.

"II. The court erred in admitting as evidence the letters marked Exhibit D.

"III. The court erred in admitting as evidence the receipts marked Exhibit C for payments made by the defendant.

"IV. The court erred in admitting as evidence the document Exhibit K.

"V. The court erred in admitting as evidence the document Exhibit R.

"VI. The court erred in declaring in the judgment that the defendant assumed the payment of the debts of Donato Lelis, deceased, which together with the cost of the last illness and the funeral expenses amounted to more than the value of all the property belonging to the husband and wife at the time of the death of Donato Lelis.

"VII. The court erred in holding that the defendant, having paid said debts, is entitled to the reimbursement therefor out of the property of her late husband, and that, after the delivery to her of sufficient property to reimburse the expenditure made by her, there is nothing to be divided between the heirs of Donato Lelis, deceased.

"VIII. The court erred in disregarding the hereditary right of the plaintiff, Barbara Lelis, as the sole heir of her parents.

"IX. The court erred in overruling the motion for a new trial."cralaw virtua1aw library

During the trial of the cause the defendant undertook to show that she had paid some thousands of pesos of indebtedness against the estate of her deceased husband and alleged that these debts exceeded the value of the property. No satisfactory proof was adduced during the trial showing what was the value of the property in question at the time of the death of Donato Lelis.

Upon a full consideration of the assignments of error made by the plaintiff and of the record brought to this court, we have reached the following conclusions:chanrob1es virtual 1aw library

First. That the property left by Donato Lelis, a part of which the plaintiff is attempting to recover, was not bienes gananciales.

Second. That under las, Leyes de Toro, under the circumstances presented in this case, Donato Lelis could not by will deprive the plaintiffs herein as herederos forzosos of their interest in the property which he had at the time of his death, without giving some special reason therefor. (Law 6 of Toro, 1 (a), title 8 (o), part. 6 (a); Emilio Escuin y Batac v. Francisco Escuin, 1 6 Off. Gaz., 1537).

Third. That the plaintiffs herein under las Leyes de Toro and under the facts in the present case are entitled to two-thirds of the estate of the said Donato Lelis, they being herederos forzosos, and the defendant is entitled to one-third interest in the said estate. (Law 6 of Toro, 6 Los Codigos Españoles, 573).

Fourth. That, when the herederos forzosos accept the property of an estate, under was Leyes de Toro, to which they are entitled under the law, they thereby become obligated to pay the debts against the estate, at least to the extent of the value of the property so accepted. (Law 1 (a), title 8 (o), part. 6 (a).)

Fifth. That if one of the herederos forzosos should pay the debts of the estate, he is entitled to be repaid out of the estate the amount of the indebtedness which he pays.

Sixth. The plaintiffs, therefore, in the present case, before they can recover their interest in the estate under the law, must pay to the defendant their proportional share of the indebtedness against said estate.

Seventh. That the law of prescription applicable to actions like the present one is Ley 63 de Toro. (6 Manresa, 325; 7 Manresa, 1008; decisions of supreme court of Spain of November 17, 1865, December 12, 1865, December 30, 1867.)

In view of the fact that the record does not positively disclose —

(a) That all of the indebtedness paid by the defendant was indebtedness against the estate of Donato Lelis;

(b) That such indebtedness was in fact more than the value of the property of the said Donato Lelis; and In view of the fact that the record does not disclose the value of the property of the said estate at the time of the death of Donato Lelis; and

In view of the foregoing considerations of fact and law, it is hereby ordered that the cause be remanded to the lower court for the purpose of a new trial for the purpose of taking additional evidence upon the following questions:chanrob1es virtual 1aw library

(1) What was the total amount of indebtedness existing against the estate of Donato Lelis at the time of his death;

(2) What was the total amount of such indebtedness paid by the defendant, Trinidad Bautista; and

(3) What was the value of the property of Donato Lelis at the time of his death.

After hearing the additional testimony upon these questions, the lower court is directed to render a decision in accordance with the foregoing conclusions of law.

Without any finding as to costs, it is so ordered.

Torres and Mapa, JJ., concur.

Willard and Tracey, JJ., concur in the result.

Endnotes:



1. 11 Phil. Rep., 332.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





December-1908 Jurisprudence                 

  • G.R. No. 3391 December 1, 1908 - JUAN N. PASAPORTE v. DOMINGO MARIN

    012 Phil 148

  • G.R. No. 3639 December 1, 1908 - RAMON M. DE VIADEMONTE v. M. G. GAVIERES

    012 Phil 155

  • G.R. No. 4797 December 1, 1908 - UNITED STATES v. GELASIO CASTELLON, ET AL.

    012 Phil 160

  • G.R. No. 4448 December 3, 1908 - ANGEL GUSTILO, ET AL. v. JUAN ARANETA

    012 Phil 167

  • G.R. No. 4292 December 4, 1908 - ARCADIO MAXILOM v. FELIX ESTRELLA, ET AL.

    012 Phil 170

  • G.R. No. 4490 December 4, 1908 - UNITED STATES v. FELICIANO DIVINO

    012 Phil 175

  • G.R. No. 4069 December 5, 1908 - ESTATE OF LUIS GAMBOA CARPIZO v. ROBERTO FLORANZA

    012 Phil 191

  • G.R. No. 4603 December 5, 1908 - COMPAÑIA GENERAL DE TABACOS DE FILIPINAS v. ALFREDO JEANJAQUET

    012 Phil 195

  • G.R. No. 4682 December 9, 1908 - UNITED STATES v. J. BRAGA

    012 Phil 202

  • G.R. No. 4696 December 9, 1908 - UNITED STATES v. PIO VY GUICO

    012 Phil 209

  • G.R. No. 4690 December 10, 1908 - TEODORO M. BEECH v. JUANA JIMENEZ, ET AL.

    012 Phil 212

  • G.R. No. 4240 December 11, 1908 - C. E. HELVIE v. F. M. FARMER, ET AL.

    012 Phil 222

  • G.R. No. 4695 December 12, 1908 - NICOMEDES IBAÑES v. ROMAN CATHOLIC APOSTOLIC CHURCH, ET AL.

    012 Phil 227

  • G.R. No. 4504 December 15, 1908 - UNITED STATES v. EL CHINO CUNA

    012 Phil 241

  • G.R. No. 4416 December 16, 1908 - MODESTO ACUÑA CO CHONGCO v. EL CHINO DIEVAS

    012 Phil 250

  • G.R. No. 4497 December 16, 1908 - SPRUNGLI & CO. v. COLLECTOR OF CUSTOMS

    012 Phil 257

  • G.R. No. 4888 December 16, 1908 - J. C. CHOY v. GENARO HEREDIA

    012 Phil 259

  • G.R. No. 3851 December 17, 1908 - UNITED STATES v. CHAN TOCO

    012 Phil 262

  • G.R. No. 4190 December 17, 1908 - IN RE: JOSE MA. CEBALLOS

    012 Phil 271

  • G.R. No. 4926 December 17, 1908 - GREGORIO DE LEON v. PADRE SATURNINO TRINIDAD

    012 Phil 274

  • G.R. No. 4625 December 18, 1908 - VICENTE BRIONES v. PETRA PLATON

    012 Phil 275

  • G.R. No. 4510 December 19, 1908 - THE CITY OF MANILA v. ATLANTIC, GULP AND PACIFIC COMPANY

    012 Phil 277

  • G.R. No. 4630 December 19, 1908 - UNITED STATES v. TORCUATA GOMEZ, ET AL.

    012 Phil 279

  • G.R. No. 4655 December 19, 1908 - UNITED STATES v. ALEJANDRO DIONISIO, ET AL.

    012 Phil 283

  • G.R. No. 4782 December 19, 1908 - UNITED STATES v. EMILIANO ARONCE

    012 Phil 291

  • G.R. No. 4803 December 19, 1908 - UNITED STATES v. BALBINO ADOLFO

    012 Phil 296

  • G.R. No. 4434 December 21, 1908 - UNITED STATES, ET AL. v. LEODEGARIO HOCBO

    012 Phil 304

  • G.R. No. 4814 December 21, 1908 - UNITED STATES v. LUPO CORTES, ET AL.

    012 Phil 309

  • G.R. No. 4679 December 22, 1908 - GUEVARA v. CARMEN DE PASCUAL, ET AL.

    012 Phil 311

  • G.R. No. 5041 December 22, 1908 - ALFONSO DEBRUNNER v. JOAQUIN JARAMILLO

    012 Phil 316

  • G.R. No. 3394 December 23, 1908 - ACISCLO JIMENEZ, ET AL. v. TRINIDAD BAUTISTA

    012 Phil 322

  • G.R. No. 3677 December 23, 1908 - LUIS LLACER v. FRANCISCO MUÑOZ DE BUSTILLO, ET AL.

    012 Phil 328

  • G.R. No. 4361 December 24, 1908 - PEDRO ENDEISA v. JOSE M. TALEON, ET AL.

    012 Phil 336

  • G.R. No. 4429 December 24, 1908 - UNITED STATES v. SIXTO GALURAN, ET AL.

    012 Phil 339

  • G.R. No. 3942 December 26, 1908 - DAMIANA MANINANG v. AGUSTINA CONSOLACION

    012 Phil 342

  • G.R. No. 4214 December 26, 1908 - JOHN W. HAUSSERMANN, ET AL. v. B. F. RAHMEYER, ET AL.

    012 Phil 350

  • G.R. No. 4482 December 26, 1908 - GREGORIO N. LEGASPI v. ESTEBAN AGUILAR, ET AL.

    012 Phil 353

  • G.R. No. 4451 December 29, 1908 - UNITED STATES v. SIMPLICIO PEÑA

    012 Phil 362

  • G.R. No. 4650 December 29, 1908 - ANDRES GARCHITORENA v. AMBROSIA POSTIGO

    012 Phil 374

  • G.R. No. 4827 December 29, 1908 - RAFAEL ENRIQUEZ v. FRANCISCO ENRIQUEZ, ET AL.

    012 Phil 380