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1029 Case

Eugenio Zuñiga del Rosario died leaving a will devising all her properties for masses and pious works. Some relatives opposed the will and claimed they were entitled to inherit the properties. The court ruled that as the testatrix had no forced heirs, she could dispose of her properties for masses and pious works under Article 1029 of the Civil Code. The relatives' claim that there would be a substantial balance remaining after fulfilling the will was inconsistent with the testatrix's intention to devote all her properties solely for the benefit of her soul. Therefore, the relatives were not entitled to inherit any part of the properties.

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285 views

1029 Case

Eugenio Zuñiga del Rosario died leaving a will devising all her properties for masses and pious works. Some relatives opposed the will and claimed they were entitled to inherit the properties. The court ruled that as the testatrix had no forced heirs, she could dispose of her properties for masses and pious works under Article 1029 of the Civil Code. The relatives' claim that there would be a substantial balance remaining after fulfilling the will was inconsistent with the testatrix's intention to devote all her properties solely for the benefit of her soul. Therefore, the relatives were not entitled to inherit any part of the properties.

Uploaded by

Air Dela Cruz
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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In the matter of the will of the deceased Eugenio Zuñiga del Rosario

Villavicencio vs. Quinio


G.R. No. L-45248 April 18, 1939

Topic: Article 1029, Civil Code of the Philippines

Facts:

Eugenio Zuñiga del Rosario died leaving a will executed with all the legal
formalities. The will was probated over the opposition of some relatives.

Santiago Quinio and other relatives of the testatrix filed a motion wherein they
asked that they be declared heirs of said testatrix. Quinio alleged that they had already
reached an understanding with the Bishop of Lipa whereby the said movants, within
ninety days from the adjudication to them of the properties constituting the inheritance,
would deposit with said Bishop the necessary amount to defray the masses for three
years, and would likewise deposit an amount the interest of which would be sufficient to
cover the other expenses for the annual masses and alms ordained in the will.

Quinio contends that even after full compliance with the will and deducting the
necessary expenses for masses and alms, a substantial balance would still remain. Quinio
further contends that the deceased Eugenia died partly intestate, hence, they are entitled
to succeed her with respect to the remaining balance.

The trial court dismissed the petition.

Issue:

Whether or not the testatrix may devote all her properties for masses and pious
works

Ruling:

Yes. The testatrix, not having forced heirs, may dispose of her properties for
masses and pious works for the benefit of her soul as provided for in Article 1029 of the
Civile Code.

The contention of Quinio is based on something entirely inconsistent with that the
testatrix ordered in her will. Quinio proceed on the false assumption that for every mass
celebrated for the soul of the testatrix and those of her parents, brothers and sisters,
something or a determinate amount from the fruits of her properties had to be
given. Such an assumption is untenable because the testatrix has not provided that a
certain amount be taken from the fruits of her properties for the celebration of the masses
ordered by her, but has said: "I have provided that my said properties be devoted only
for the peace and happiness of my soul and those of my parents, brothers and sisters, and
also for the benefit of the church, etc.”

Considering the provisions of the will of the deceased Eugenia Zuñiga del Rosario
in their entirety, her collateral relatives, not being forced heirs, are not entitled to succeed
her as to the remainder of her properties, which does not exist, or as to the naked
ownership thereof.

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