Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1914 > March 1914 Decisions > G.R. No. 8927 March 10, 1914 - ASUNCION NABLE JOSE ET AL. v. MARIA IGNACIA USON ET AT.

027 Phil 73:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 8927. March 10, 1914. ]

ASUNCION NABLE JOSE ET AL., Plaintiffs-Appellants, v. MARIA IGNACIA USON ET AT., Defendants-Appellees.

Ramon Salinas for Appellants.

Pedro Ma Sison for Appellees.

SYLLABUS


1. WILLS; INTERPRETATION; SUCCESSION OF SISTERS AND NIECES. — The following clauses appeared in a will, to wit:jgc:chanrobles.com.ph

"First. I declare that all the property which belongs to me as conjugal property, referred to in my said testament, shall be the property of my aforesaid husband, Don Rafael Sison; in case all or part of said property exists at my husband’s death, it is my will that at his death my sisters and nieces hereinafter named succeed him as heirs.

"Second. I declare to be my sisters in lawful wedlock the persons named Doña Antonia Uson, now deceased, who has two daughters called Maria Rosario, widow, and Maria Paz, unmarried; Maria Romualda Uson, widow of Estanislao Lengson; Ignacia Uson, married to Don Vicente Puzon; Eufemia Uson, now deceased, who is survived by three daughters called Maria Salud, Maria Amparo, and Maria Asuncion and Maria Pilar Uson; Maria Manaoag Uson, unmarried, issue had by our deceased father Don Daniel Uson with one Leonarda Fernandez, alias Andao de Lingayen, so that they may have and enjoy it in equal parts as good sisters and relatives."cralaw virtua1aw library

Held, That the living sisters and the children of the deceased sisters take per capita and in equal parts.


D E C I S I O N


MORELAND, J. :


The question involved in this appeal arises from the interpretation of the first and second clauses of a rodicil to the will of Filomena Uson. They read as follows:jgc:chanrobles.com.ph

"First. I declare that all the property which belongs to me as conjugal property, referred to in my said testament, shall be the property of my aforesaid husband, Don Rafael Sison; in case all or part of said property exists at my husband’s death, it is my will that at his death my sisters and nieces hereinafter named succeed him as heirs.

"Second. I declare to be my sisters in lawful wedlock the persons named Doña Antonia Uson, now deceased, who has left two daughters called Maria Rosario, widow, of Estanislao Lengson; Ignacia Uson, married to Don Vicente Puzon; Eufemia Uson, now deceased, who is survived by three daughters called Maria Salud, Maria Amparo, and Maria Asuncion; and Maria Pilar Uson; Maria Manaoag Uson, unmarried, issue had by our deceased father Don Daniel Uson with one Leonarda Fernandez, alias Andao de Lingayen, so that they may have and enjoy it in equal parts as good sisters and relatives."cralaw virtua1aw library

The court below found that the children of the deceased sisters should take only that portion which their respective mothers would have taken if they had been alive at the time the will was made; that the property should be divided into six equal parts corresponding to the number of sisters; that each living sisters should take one-sixth, and the children of each deceased sister should also take one-sixth, each one-sixth to be divided among said children equally.

This appeal taken from the judgment entered upon that finding, appellants asserting that under a proper construction of the paragraphs of the codicil above-quoted the property should be divided equally between the living sisters and the children of the deceased sisters, share and share alike, a niece taking the same share that a sister receives.

We are of the opinion that the appellant’s contention is well founded. We see no words or phrases in the clauses quoted which lead necessarily to the construction placed upon those paragraphs by the learned court below. On the other hand, we find expression which seem to indicate with fair clearness that it was the intention of the testatrix to divide her property equally between her sisters and nieces. The court below based its construction upon the theory that the other construction would be "an admission that the testatrix desired to favor her deceased sister Eufemia Uson, who left three children, more than her other deceased sister Antonia Uson, who left two children, and moreover both would be more favored than any of the other four surviving sisters, one of whom was married at the time of the execution of the said codicil and without doubt had children."cralaw virtua1aw library

As we look at the codicil we observe, first, that the testatrix, in the first paragraph thereof, declares that after her husband’s death she desires that "my sisters and nieces, as hereinafter named, shall succeed him as heirs."cralaw virtua1aw library

We note, in the second place, that the testatrix, in the second paragraph of the codicil, names and identifies each one of her heirs then living, or each one of the persons whom she desires shall succeed her husband in the property. Among those mentioned specifically are the nieces as well as the sisters. The nieces are referred to in no way different from the sisters. Each one stands out in the second paragraph of the codicil as clearly as the other and under exactly the same conditions.

In the third place, we note, with interest, the last clause of the second paragraph of the codicil which, it seems to us, taken together with the last clause of the first paragraph of the codicil, is decisive of the intention of the testatrix. In the last clause she says that she names all of the persons whom she desires to take under her will by name "so that they may take and enjoy the property in equal parts as good sisters and relatives."cralaw virtua1aw library

We have then in the first paragraph a declaration as to who the testatrix desires shall become the owners of her property on the death of her husband. Among them we find the names of the nieces as well as of the sisters. We have also the final declaration of the testatrix that she desires that the sisters and nieces shall take and enjoy the property in equal parts. That being so, it appears to us that the testatrix’s intention is fairly clear, so clear in fact that it is unnecessary to bring in extraneous arguments to reach a conclusion as to what she intended.

The judgment appealed from is hereby modified by declaring that, of the property passing under the codicil hereinabove referred to, the living sisters and the children of the deceased sisters shall take per capita and in equal parts, and as so modified the judgment is affirmed. No costs in this instance.

Arellano, C.J., Carson and Araullo, JJ., concur.

Trent, J., dissents.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






March-1914 Jurisprudence                 

  • G.R. No. 9267 March 2, 1914 - UNITED STATES v. GERVASIO GUMARANG ET AL.,

    027 Phil 1

  • G.R. No. 9291 March 2, 1914 - UNITED STATES v. CAMILA CUNANAN

    027 Phil 6

  • G.R. No. 8254 March 3, 1914 - MARIANO GONZAGA ET AL. v. FELISA GARCIA ET AL.

    027 Phil 7

  • G.R. No. 8913 March 3, 1914 - NELLIE LOUISE COOK v. J. MCMICKING

    027 Phil 10

  • G.R. No. 9201 March 3, 1914 - UNITED STATES v. PABLO SUAN

    027 Phil 12

  • G.R. No. 8223 March 4, 1914 - UNITED STATES v. EVARISTO PAINAGA

    027 Phil 18

  • G.R. No. 7657 March 6, 1914 - AMBROSIO TIEMPO v. VIUDA E HIJOS DE PLACIDO REYES

    027 Phil 33

  • G.R. No. 8429-27 March 7, 1914 - CITY OF MANILA v. EVARISTO BATLLE ET AL.

    027 Phil 34

  • G.R. No. 8662 March 7, 1914 - UNITED STATES v. HERMOGENES BESUÑA

    027 Phil 39

  • G.R. No. 8699 March 7, 1914 - LA COMPAÑIA GENERAL DE TABACOS DE FILIPINAS v. SHERIFF OF OCCIDENTAL NEGROS

    027 Phil 41

  • G.R. No. 8983 March 7, 1914 - UNITED STATES v. EULOGIO EDPALINA

    027 Phil 43

  • G.R. No. 9066 March 7, 1914 - UNITED STATES v. ANASTASIO HUDIERES

    027 Phil 45

  • G.R. No. 7946 March 9, 1914 - CITY OF MANILA v. SATURNINA RIZAL

    027 Phil 50

  • G.R. No. 8227 March 9, 1914 - ANTONIO M. JIMENEZ v. FIDEL REYES

    027 Phil 52

  • G.R. No. 8325 March 10, 1914 - C. B. WILLIAMS v. TEODORO R. YANGCO

    027 Phil 68

  • G.R. No. 8927 March 10, 1914 - ASUNCION NABLE JOSE ET AL. v. MARIA IGNACIA USON ET AT.

    027 Phil 73

  • G.R. No. 9147 March 10, 1914 - UNITED STATES v. PERFECTO LAMADRID ET AL.

    027 Phil 76

  • G.R. No. 8603 March 13, 1914 - SEVERINO CORNISTA v. SEVERA TICSON

    027 Phil 80

  • G.R. No. 8984 March 13, 1914 - UNITED STATES v. JUAN LABIAL

    027 Phil 82

  • G.R. Nos. 9471 & 9472 March 13, 1914 - UNITED STATES v. EVARISTO VAQUILAR

    027 Phil 88

  • G.R. No. 8748 March 14, 1914 - UNITED STATES v. SANTOS P. PALMA

    027 Phil 94

  • G.R. No. 8931 March 14, 1914 - UNITED STATES v. JUAN MARQUI

    027 Phil 97

  • G.R. No. 8971 March 14, 1914 - UNITED STATES v. CIRILO BAUA

    027 Phil 103

  • G.R. No. 9006 March 14, 1914 - JOSE ANTONIO GASCON ENRIQUEZ v. A.D. GIBBS

    027 Phil 110

  • G.R. No. 9059 March 14, 1914 - UNITED STATES v. BUENAVENTURA SARMIENTO

    027 Phil 121

  • G.R. No. 9099 March 14, 1914 - J. MCMICKING v. SPRUNGLI & CO. ET AL.

    027 Phil 125

  • G.R. No. 9169 March 14, 1914 - UNITED STATES v. PANTELEON MARIANO ET AL.

    027 Phil 132

  • G.R. No. 9348 March 14, 1914 - UNITED STATES v. ELEUTERO MANTE

    027 Phil 134

  • G.R. No. 7352 March 15, 1914 - CATALINO HILLARO v. LA CONGREGACION DE SAN VICENTE DE PAUL

    027 Phil 593

  • G.R. No. 8140 March 16, 1914 - FORTUNATO GASPAR v. ANACLETO QUINADARA

    027 Phil 139

  • G.R. No. 8851 March 16, 1914 - AGAPITO BONZON v. STANDARD OIL CO. OF NEW YORK ET AL.,

    027 Phil 141

  • G.R. No. 8200 March 17, 1914 - LEONARDO LUCIDO v. GELASIO CALUPITAN ET AL.

    027 Phil 148

  • Special proceeding March 17, 1914 - IN RE: EUGENIO DE LARA

    027 Phil 176

  • G.R. No. 7333 March 18, 1914 - DEMETRIO ARCENAS v. ESTANISLAO LASERNA

    027 Phil 599

  • G.R. No. 7790 March 19, 1914 - EL BANCO ESPANOL-FILIPINO v. MCKAY & ZOELLER

    027 Phil 183

  • G.R. No. 8235 March 19, 1914 - ISIDORO SANTOS v. LEANDRA MANARANG

    027 Phil 209

  • G.R. No. 8414 March 19,1914

    ROMAN CATHOLIC ARCHIBISHOP OF MANILA v. DIRECTOR OF LANDS

    027 Phil 245

  • G.R. No. 8998 March 19, 1914 - JOSE FLORENDO v. EUSTAQUIO P. FOZ

    027 Phil 249

  • G.R. No. 9307 March 19, 1914 - UNITED STATES v. FRANCISCO GARCIA ET AL.

    027 Phil 254

  • G.R. No. 9098 March 20, 1914 - JOSE M. GONZALEZ v. PERCY M. MOIR

    027 Phil 256

  • Special proceeding March 21, 1914 - IN RE: LUICIANO DE LA ROSA

    027 Phil 258

  • G.R. No. 8937 March 21, 1914 - ALHAMBRA CIGAR AND CIGARETTE MANUFACTURING. CO. v. PEDRO N. MOJICA

    027 Phil 266

  • G.R. No. 9302 March 21, 1914 - UNITED STATES v. AGATON DUNGCA

    027 Phil 274

  • G.R. No. 6960 March 23, 1914 - VICENTE GUASH v. JUANA ESPIRITU

    027 Phil 278

  • G.R. No. 7909 March 24, 1914 - GUTIERREZ HERMANOS v. ISABEL RAMIREZ

    027 Phil 281

  • G.R. No. 8385 March 24, 1914 - LUCIO ALGARRA v. SIXTO SANDEJAS

    027 Phil 284

  • G.R. No. 8314 March 25, 1914 - M. A. CLARKE v. MANILA CANDY COMPANY

    027 Phil 310

  • G.R. No. 8461 March 25, 1914 - RAMON MEDINA ONG-QUINGCO v. CECILIO IMAZ

    027 Phil 314

  • G.R. No. 9124 March 25, 1914 - PIO MERCADO v. MARIA TAN-LINGCO

    027 Phil 319

  • Special Proceeding March 25, 1914 - IN RE: EMILIANO TRIA TIRONA

    027 Phil 323



  • G.R. No. 7721 March 25, 1914 - INCHAUSTI & CO. v. GREGORIO YULO

    034 Phil 978


  • G.R. No. 7420 March 25, 1914 - NAZARIO CABALLO ET AL. v. CIPRIANO DANDOY ET. AL.

    027 Phil 606

  • G.R. No. 7762 March 25, 1914 - BEHN v. JOSE MCMICKING

    027 Phil 612

  • G.R. No. 7593 March 27, 1914 - UNITED STATES v. JOSE M. IGPUARA

    027 Phil 619

  • G.R. No. 7647 March 27, 1914 - DOMINGO CALUYA v. LUCIA DOMINGO

    027 Phil 330

  • G.R. No. 7670 March 28, 1914 - CARMEN AYALA DE ROXAS v. CITY OF MANILA

    027 Phil 336

  • G.R. No. 8051 March 28, 1914 - UNITED STATES v. VICENTE MADRIGAL ET AL.

    027 Phil 347

  • G.R. No. 9010 March 28, 1914 - J. H. CHAPMAN v. JAMES M. UNDERWOOD

    027 Phil 374

  • G.R. Nos. 9619 & 9620 March 28, 1914 - NGO YAO TIT EL AL. v. SHERIFF OF THE CITY OF MANILA

    027 Phil 378

  • G.R. No. 7270 March 29, 1914 - GREGORIO JIMENEZ ET AL. v. PASCUALA LOZADA ET AL.

    027 Phil 624

  • G.R. No. 7287 & 7288 March 29, 1914 - PEDRO MONTIERO v. VIRGINIA SALGADO Y ACUÑA

    027 Phil 631

  • G.R. No. 7896 March 30, 1914 - JOSE MCMICKING v. CRISANTO LICHAUGO ET AL.

    027 Phil 386

  • G.R. No. 8313 March 30, 1914 - JOSE MA. Y. DE ALDECOA v. JOSE FORTIS ET AL.

    027 Phil 392

  • G.R. No. 8362 March 30, 1914 - JOSE PEREZ PASTOR v. PEDRO NOEL ET AL.

    027 Phil 393

  • G.R. No. 8375 March 30, 1914 - INTERISLAND EXPRESS CO. v. INSULAR COLLECTOR OF CUSTOMS

    027 Phil 396

  • G.R. No. 8478 March 30, 1914 - LUIS ESPERANZA v. ANDREA CATINDING

    027 Phil 397

  • G.R. No. 8527 March 30, 1914 - WEST COAST LIFE INSURANCE CO. v. GEO. N. HURD

    027 Phil 401

  • G.R. No. 8579 March 30, 1914 - UNITED STATES v. RUPERTO T. SANTIAGO

    027 Phil 408

  • G.R. No. 8654 March 30, 1914 - EUGENIO RESOLME ET AL. v. ROMAN LAZO

    027 Phil 416

  • G.R. No. 8689 March 30, 1914 - LIBRADO MANAS ET AL. v. MARIA RAFAEL

    027 Phil 419

  • G.R. No. 8781 March 30, 1914 - UNITED STATES v. ANTONIO JAVIER DICHAO

    027 Phil 421

  • G.R. No. 8785 March 30, 1914 - UY ALOC ET AL. v. CHO JAN LING ET AL.

    027 Phil 427

  • G.R. No. 9178 March 30, 1914 - UNITED STATES v. FELIPE LASTIMOSA

    027 Phil 432

  • G.R. No. 9217 March 30, 1914 - UNITED STATES v. GREGORIO MARTINEZ

    027 Phil 439

  • G.R. No. 9294 March 30, 1914 - UNITED STATES v. EULOGIO SANCHEZ

    027 Phil 442

  • G.R. No. 9329 March 30, 1914 - UNITED STATES v. SATURNINO AGUAS

    027 Phil 446

  • G.R. No. 9397 March 30, 1914 - UNITED STATES v. JOSE VAYSON

    027 Phil 447