Article 871-885 Brimo's will which are not in accordance

with the laws of his Turkish nationality,

for which reason they are void as being
G.R. No. L-22595 November 1, 1927 in violation or article 10 of the Civil Code
which, among other things, provides the
Testate Estate of Joseph G. Brimo, following:
JUAN MICIANO,
administrator, petitioner-appellee, Nevertheless, legal and testamentary
vs. ANDRE BRIMO, opponent- successions, in respect to the order of
appellant. succession as well as to the amount of
the successional rights and the intrinsic
Ross, Lawrence and Selph for appellant. validity of their provisions, shall be
Camus and Delgado for appellee. regulated by the national law of the
person whose succession is in question,
ROMUALDEZ, J.: whatever may be the nature of the
property or the country in which it may
be situated.
The partition of the estate left by the
deceased Joseph G. Brimo is in question
in this case. But the fact is that the oppositor did not
prove that said testimentary dispositions
c hanrobles virtualawli brary chanrobles virtual la w library

are not in accordance with the Turkish

The judicial administrator of this estate
laws, inasmuch as he did not present any
filed a scheme of partition. Andre Brimo,
evidence showing what the Turkish laws
one of the brothers of the deceased,
are on the matter, and in the absence of
opposed it. The court, however,
evidence on such laws, they are
approved it.
presumed to be the same as those of the
c hanrobles virtualawlib rary chanrobles virtual law li brary

Philippines. (Lim and Lim vs. Collector of

The errors which the oppositor-appellant
Customs, 36 Phil., 472.)
assigns are:
c hanrobles virtual law li brary

c hanroble s virtual law library

It has not been proved in these

(1) The approval of said scheme of
proceedings what the Turkish laws are.
partition; (2) denial of his participation in He, himself, acknowledges it when he
the inheritance; (3) the denial of the
desires to be given an opportunity to
motion for reconsideration of the order present evidence on this point; so much
approving the partition; (4) the approval
so that he assigns as an error of the court
of the purchase made by the Pietro Lana
in not having deferred the approval of the
of the deceased's business and the deed scheme of partition until the receipt of
of transfer of said business; and (5) the
certain testimony requested regarding
declaration that the Turkish laws are the Turkish laws on the matter.
impertinent to this cause, and the failure
c hanroble svirtuala wlibrary c hanroble s virtual law libra ry

not to postpone the approval of the

The refusal to give the oppositor another
scheme of partition and the delivery of
opportunity to prove such laws does not
the deceased's business to Pietro Lanza
constitute an error. It is discretionary
until the receipt of the depositions
with the trial court, and, taking into
requested in reference to the Turkish
consideration that the oppositor was
laws.
granted ample opportunity to introduce
chanrobles virtualawlib rary chanrobles virtual law il brary

competent evidence, we find no abuse of

The appellant's opposition is based on
discretion on the part of the court in this
the fact that the partition in question puts particular. There is, therefore, no
into effect the provisions of Joseph G.
evidence in the record that the national
law of the testator Joseph G. Brimo was comply with it, as the herein oppositor
violated in the testamentary dispositions who, by his attitude in these proceedings
in question which, not being contrary to has not respected the will of the testator,
our laws in force, must be complied with as expressed, is prevented from
and executed. virtual law lib rary receiving his legacy. library

Therefore, the approval of the scheme of The fact is, however, that the said
partition in this respect was not condition is void, being contrary to law,
erroneous. law library for article 792 of the civil Code provides
the following:
In regard to the first assignment of error
which deals with the exclusion of the Impossible conditions and those contrary
herein appellant as a legatee, inasmuch to law or good morals shall be considered
as he is one of the persons designated as as not imposed and shall not prejudice
such in will, it must be taken into the heir or legatee in any manner
consideration that such exclusion is whatsoever, even should the testator
based on the last part of the second otherwise provide.
clause of the will, which says:
And said condition is contrary to law
Second. I like desire to state that because it expressly ignores the
although by law, I am a Turkish citizen, testator's national law when, according
this citizenship having been conferred to article 10 of the civil Code above
upon me by conquest and not by free quoted, such national law of the testator
choice, nor by nationality and, on the is the one to govern his testamentary
other hand, having resided for a dispositions.li brary

considerable length of time in the

Philippine Islands where I succeeded in Said condition then, in the light of the
acquiring all of the property that I now legal provisions above cited, is
possess, it is my wish that the considered unwritten, and the institution
distribution of my property and of legatees in said will is unconditional
everything in connection with this, my and consequently valid and effective
will, be made and disposed of in even as to the herein oppositor.
accordance with the laws in force in the
Philippine islands, requesting all of my It results from all this that the second
relatives to respect this wish, otherwise, clause of the will regarding the law which
I annul and cancel beforehand whatever shall govern it, and to the condition
disposition found in this will favorable to imposed upon the legatees, is null and
the person or persons who fail to comply void, being contrary to law.
with this request.
All of the remaining clauses of said will
The institution of legatees in this will is with all their dispositions and requests
conditional, and the condition is that the are perfectly valid and effective it not
instituted legatees must respect the appearing that said clauses are contrary
testator's will to distribute his property, to the testator's national law.
not in accordance with the laws of his
nationality, but in accordance with the Therefore, the orders appealed from are
laws of the Philippines. virtual law lib rary

modified and it is directed that the

distribution of this estate be made in
If this condition as it is expressed were such a manner as to include the herein
legal and valid, any legatee who fails to appellant Andre Brimo as one of the
legatees, and the scheme of partition
submitted by the judicial administrator is
approved in all other respects, without
any pronouncement as to costs. library

So ordered.
[G.R. No. 113725. June 29, 2000.] covered by Transfer Certificate of Title
No. RT-4002 (10942), which is registered
JOHNNY S. RABADILLA, in my name according to the records of
1, Petitioner, v. COURT OF APPEALS the Register of Deeds of Negros
AND MARIA MARLENA 2 Occidental.
COSCOLUELLA Y BELLEZA
VILLACARLOS, Respondents. (b) That should Jorge Rabadilla die ahead
of me, the aforementioned property and
DECISION the rights which I shall set forth
hereinbelow, shall be inherited and
acknowledged by the children and
PURISIMA, J.: spouse of Jorge Rabadilla.

x x x
This is a petition for review of the
decision of the Court of Appeals, 3 dated
December 23, 1993, in CA-G.R. No. CV- FOURTH
35555, which set aside the decision of
Branch 52 of the Regional Trial Court in (a) It is also my command, in this my
Bacolod City, and ordered the addition (Codicil), that should I die and
defendants-appellees (including herein Jorge Rabadilla shall have already
petitioner), as heirs of Dr. Jorge received the ownership of the said Lot
Rabadilla, to reconvey title over Lot No. No. 1392 of the Bacolod Cadastre,
1392, together with its fruits and covered by Transfer Certificate of Title
interests, to the estate of Aleja Belleza. No. RT-4002 (10942), and also at the
time that the lease of Balbinito G.
The antecedent facts are as follows: c hanrob1es virtual 1aw library
Guanzon of the said lot shall expire,
Jorge Rabadilla shall have the obligation
In a Codicil appended to the Last Will and until he dies, every year to give Maria
Testament of testatrix Aleja Belleza, Dr. Marlina Coscolluela y Belleza, Seventy
Jorge Rabadilla, predecessor-in-interest (75) (sic) piculs of Export sugar and
of the herein petitioner, Johnny S. Twenty Five (25) piculs of Domestic
Rabadilla, was instituted as a devisee of sugar, until the said Maria Marlina
511,855 square meters of that parcel of Coscolluela y Belleza dies. c hanroble s virtua| |aw |ibrary

land surveyed as Lot No. 1392 of the

Bacolod Cadastre. The said Codicil, which FIFTH
was duly probated and admitted in
Special Proceedings No. 4046 before the (a) Should Jorge Rabadilla die, his heir to
then Court of First Instance of Negros whom he shall give Lot No. 1392 of the
Occidental, contained the following Bacolod Cadastre, covered by Transfer
provisions:jgc :c hanroble s .c om.p h
Certificate of Title No. RT-4002 (10492),
shall have the obligation to still give
"FIRST yearly, the sugar as specified in the
Fourth paragraph of his testament, to
I give, leave and bequeath the following Maria Marlina Coscolluela y Belleza on the
property owned by me to Dr. Jorge month of December of each year.
Rabadilla resident of 141 P. Villanueva,
Pasay City: c hanrob1es virtual 1aw li brary
SIXTH

(a) Lot No. 1392 of the Bacolod Cadastre, I command, in this my addition (Codicil)
that the Lot No. 1392, in the event that conditions of the Codicil, in that: c hanrob1es virtual 1aw li brary

the one to whom I have left and

bequeathed, and his heir shall later sell, 1. Lot No. 1392 was mortgaged to the
lease, mortgage this said Lot, the buyer, Philippine National Bank and the Republic
lessee, mortgagee, shall have also the Planters Bank in disregard of the
obligation to respect and deliver yearly testatrix’s specific instruction to sell,
ONE HUNDRED (100) piculs of sugar to lease, or mortgage only to the near
Maria Marlina Coscolluela y Belleza, on descendants and sister of the testatrix.
each month of December, SEVENTY FIVE
(75) piculs of Export and TWENTY FIVE 2. Defendant-heirs failed to comply with
(25) piculs of Domestic, until Maria their obligation to deliver one hundred
Marlina shall die, lastly should the buyer, (100) piculs of sugar (75 piculs export
lessee or the mortgagee of this lot, not sugar and 25 piculs domestic sugar) to
have respected my command in this my plaintiff Maria Marlena Coscolluela y
addition (Codicil), Maria Marlina Belleza from sugar crop years 1985 up to
Coscolluela y Belleza, shall immediately the filing of the complaint as mandated
seize this Lot No. 1392 from my heir and by the Codicil, despite repeated demands
the latter’s heirs, and shall turn it over to for compliance.
my near desendants, (sic) and the latter
shall then have the obligation to give the 3. The banks failed to comply with the
ONE HUNDRED (100) piculs of sugar until 6th paragraph of the Codicil which
Maria Marlina shall die. I further provided that in case of the sale, lease,
command in this my addition (Codicil) or mortgage of the property, the buyer,
that my heir and his heirs of this Lot No. lessee, or mortgagee shall likewise have
1392, that they will obey and follow that the obligation to deliver 100 piculs of
should they decide to sell, lease, sugar per crop year to herein
mortgage, they cannot negotiate with private Respondent.
others than my near descendants and my
sister." 4 The plaintiff then prayed that judgment
be rendered ordering defendant-heirs to
Pursuant to the same Codicil, Lot No. reconvey/return Lot No. 1392 to the
1392 was transferred to the deceased, surviving heirs of the late Aleja Belleza,
Dr. Jorge Rabadilla, and Transfer the cancellation of TCT No. 44498 in the
Certificate of Title No. 44498 thereto name of the deceased, Dr. Jorge
issued in his name. Rabadilla, and the issuance of a new
certificate of title in the names of the
Dr. Jorge Rabadilla died in 1983 and was surviving heirs of the late Aleja Belleza.
survived by his wife Rufina and children
Johnny (petitioner), Aurora, Ofelia and On February 26, 1990, the defendant-
Zenaida, all surnamed Rabadilla. heirs were declared in default but on
March 28, 1990 the Order of Default was
On August 21, 1989, Maria Marlena lifted, with respect to defendant Johnny
Coscolluela y Belleza Villacarlos brought S. Rabadilla, who filed his Answer,
a complaint, docketed as Civil Case No. accordingly.
5588, before Branch 52 of the Regional
Trial Court in Bacolod City, against the During the pre-trial, the parties admitted
above-mentioned heirs of Dr. Jorge that:
c hanrob1es virtual 1aw li brary

Rabadilla, to enforce the provisions of

subject Codicil. The Complaint alleged On November 15, 1998, the plaintiff
that the defendant-heirs violated the (private respondent) and a certain Alan
Azurin, son-in-law of the herein crop year 1989-90;
petitioner who was lessee of the property
and acting as attorney-in-fact of For 1987-88, TWENTY SIX THOUSAND
defendant heirs, arrived at an amicable TWO HUNDRED FIFTY (P26,250.00)
settlement and entered into a Pesos, payable on or before December of
Memorandum of Agreement on the crop year 1990-91; and
obligation to deliver one hundred piculs
of sugar, to the following effect: jgc :c hanrobles .c om.ph For 1988-89, TWENTY SIX THOUSAND
TWO HUNDRED FIFTY (P26,250.00)
"That for crop year 1988-89, the annuity Pesos, payable on or before December of
mentioned in Entry No. 49074 of TCT No. crop year 1991-92." 5
44489 will be delivered not later than
January of 1989, more specifically, to However, there was no compliance with
wit:c hanrob1es virtual 1aw library the aforesaid Memorandum of
Agreement except for a partial delivery of
75 piculs of ‘A’ sugar, and 25 piculs of ‘B’ 50.80 piculs of sugar corresponding to
sugar, or then existing in any of our sugar crop year 1988-1989.
names, Mary Rose Rabadilla y Azurin or
Alan Azurin, during December of each On July 22, 1991, the Regional Trial
sugar crop year; in Azucar Sugar Central; Court came out with a decision,
and, this is considered compliance of the dismissing the complaint and disposing
annuity as mentioned, and in the same as follows: jgc :c hanrobles .c om.ph

manner will compliance of the annuity be

in the next succeeding crop years. "WHEREFORE, in the light of the
aforegoing findings, the Court finds that
That the annuity above stated for crop the action is prematurely filed as no
year 1985-86, 1986-87, and 1987-88, cause of action against the defendants
will be complied in cash equivalent of the has as yet arose in favor of plaintiff.
number of piculs as mentioned therein While there maybe the non-performance
and which is as herein agreed upon, of the command as mandated exaction
taking into consideration the composite from them simply because they are the
price of sugar during each sugar crop children of Jorge Rabadilla, the title
year, which is in the total amount of ONE holder/owner of the lot in question, does
HUNDRED FIVE THOUSAND PESOS not warrant the filing of the present
(P105,000.00). complaint. The remedy at bar must fall.
Incidentally, being in the category as
That the above-mentioned amount will creditor of the left estate, it is opined that
be paid or delivered on a staggered cash plaintiff may initiate the intestate
installment, payable on or before the end proceedings, if only to establish the heirs
of December of every sugar crop year, to of Jorge Rabadilla and in order to give full
wit:c hanrob1es virtual 1aw library meaning and semblance to her claim
under the Codicil.
For 1985-86, TWENTY SIX THOUSAND
TWO HUNDRED FIFTY (P26,250.00) In the light of the aforegoing findings, the
Pesos, payable on or before December of Complaint being prematurely filed is
crop year 1988-89; DISMISSED without prejudice. c hanroble s .c om : virtual law li brary

For 1986-87, TWENTY SIX THOUSAND SO ORDERED." 6

TWO HUNDRED FIFTY (P26,250.00)
Pesos, payable on or before December of On appeal by plaintiff, the First Division
of the Court of Appeals reversed the of the Codicil, and in ruling that the
decision of the trial court; ratiocinating testamentary institution of Dr. Jorge
and ordering thus: jgc :c hanrobles .c om.ph Rabadilla is a modal institution within the
purview of Article 882 of the New Civil
"Therefore, the evidence on record Code.
having established plaintiff-appellant’s
right to receive 100 piculs of sugar The petition is not impressed with merit.
annually out of the produce of Lot No.
1392; defendants-appellee’s obligation Petitioner contends that the Court of
under Aleja Belleza’s codicil, as heirs of Appeals erred in resolving the appeal in
the modal heir, Jorge Rabadilla, to deliver accordance with Article 882 of the New
such amount of sugar to plaintiff- Civil Code on modal institutions and in
appellant; defendants-appellee’s deviating from the sole issue raised
admitted non-compliance with said which is the absence or prematurity of
obligation since 1985; and, the punitive the cause of action. Petitioner maintains
consequences enjoined by both the that Article 882 does not find application
codicil and the Civil Code, of seizure of as there was no modal institution and the
Lot No. 1392 and its reversion to the testatrix intended a mere simple
estate of Aleja Belleza in case of such substitution — i.e. the instituted heir, Dr.
non-compliance, this Court deems it Jorge Rabadilla, was to be substituted by
proper to order the reconveyance of title the testatrix’s "near descendants" should
over Lot No. 1392 from the estates of the obligation to deliver the fruits to
Jorge Rabadilla to the estate of Aleja herein private respondent be not
Belleza. However, plaintiff-appellant complied with. And since the testatrix
must institute separate proceedings to died single and without issue, there can
re-open Aleja Belleza’s estate, secure the be no valid substitution and such
appointment of an administrator, and testamentary provision cannot be given
distribute Lot No. 1392 to Aleja Belleza’s any effect.
legal heirs in order to enforce her right,
reserved to her by the codicil, to receive The petitioner theorizes further that
her legacy of 100 piculs of sugar per year there can be no valid substitution for the
out of the produce of Lot No. 1392 until reason that the substituted heirs are not
she dies. definite, as the substituted heirs are
merely referred to as "near descendants"
Accordingly, the decision appealed from without a definite identity or reference as
is SET ASIDE and another one entered to who are the "near descendants" and
ordering defendants-appellees, as heirs therefore, under Articles 843 8 and 845
of Jorge Rabadilla, to reconvey title over 9 of the New Civil Code, the substitution
Lot No. 1392, together with its fruits and should be deemed as not written.
interests, to the estate of Aleja Belleza.
The contentions of petitioner are
SO ORDERED." 7 untenable. Contrary to his supposition
that the Court of Appeals deviated from
Dissatisfied with the aforesaid disposition the issue posed before it, which was the
by the Court of Appeals, petitioner found propriety of the dismissal of the
his way to this Court via the present complaint on the ground of prematurity
petition, contending that the Court of of cause of action, there was no such
Appeals erred in ordering the reversion of deviation. The Court of Appeals found
Lot 1392 to the estate of the testatrix that the private respondent had a cause
Aleja Belleza on the basis of paragraph 6 of action against the petitioner. The
disquisition made on modal institution fruits of the lot involved to herein
was, precisely, to stress that the private private Respondent. Such obligation of
respondent had a legally demandable the instituted heir reciprocally
right against the petitioner pursuant to corresponds to the right of private
subject Codicil; on which issue the Court respondent over the usufruct, the
of Appeals ruled in accordance with law. fulfillment or performance of which is
now being demanded by the latter
It is a general rule under the law on through the institution of the case at bar.
succession that successional rights are Therefore, private respondent has a
transmitted from the moment of death of cause of action against petitioner and the
the decedent 10 and compulsory heirs trial court erred in dismissing the
are called to succeed by operation of law. complaint below.
The legitimate children and descendants,
in relation to their legitimate parents, Petitioner also theorizes that Article 882
and the widow or widower, are of the New Civil Code on modal
compulsory heirs. 11 Thus, the institutions is not applicable because
petitioner, his mother and sisters, as what the testatrix intended was a
compulsory heirs of the instituted heir, substitution — Dr. Jorge Rabadilla was to
Dr. Jorge Rabadilla, succeeded the latter be substituted by the testatrix’s near
by operation of law, without need of descendants should there be non-
further proceedings, and the compliance with the obligation to deliver
successional rights were transmitted to the piculs of sugar to
them from the moment of death of the private Respondent.
decedent, Dr. Jorge Rabadilla. c hanroble s .c om.p h : red

Again, the contention is without merit.

Under Article 776 of the New Civil Code,
inheritance includes all the property, Substitution is the designation by the
rights and obligations of a person, not testator of a person or persons to take
extinguished by his death. Conformably, the place of the heir or heirs first
whatever rights Dr. Jorge Rabadilla had instituted. Under substitutions in
by virtue of subject Codicil were general, the testator may either (1)
transmitted to his forced heirs, at the provide for the designation of another
time of his death. And since obligations heir to whom the property shall pass in
not extinguished by death also form part case the original heir should die before
of the estate of the decedent; corollarily, him/her, renounce the inheritance or be
the obligations imposed by the Codicil on incapacitated to inherit, as in a simple
the deceased Dr. Jorge Rabadilla, were substitution, 12 or (2) leave his/her
likewise transmitted to his compulsory property to one person with the express
heirs upon his death. charge that it be transmitted
subsequently to another or others, as in
In the said Codicil, testatrix Aleja Belleza a fideicommissary substitution. 13 The
devised Lot No. 1392 to Dr. Jorge Codicil sued upon contemplates neither
Rabadilla, subject to the condition that of the two.
the usufruct thereof would be delivered
to the herein private respondent every In simple substitutions, the second heir
year. Upon the death of Dr. Jorge takes the inheritance in default of the
Rabadilla, his compulsory heirs first heir by reason of incapacity,
succeeded to his rights and title over said predecease or renunciation. 14 In the
property, and they also assumed his case under consideration, the provisions
(decedent’s) obligation to deliver the of subject Codicil do not provide that
should Dr. Jorge Rabadilla default due to The Court of Appeals erred not in ruling
predecease, incapacity or renunciation, that the institution of Dr. Jorge Rabadilla
the testatrix’s near descendants would under subject Codicil is in the nature of a
substitute him. What the Codicil provides modal institution and therefore, Article
is that, should Dr. Jorge Rabadilla or his 882 of the New Civil Code is the provision
heirs not fulfill the conditions imposed in of law in point. Articles 882 and 883 of
the Codicil, the property referred to shall the New Civil Code provide: c hanrob1es virtual 1aw li brary

be seized and turned over to the

testatrix’s near descendants. ARTICLE 882. The statement of the
object of the institution or the application
Neither is there a fideicommissary of the property left by the testator, or the
substitution here and on this point, charge imposed on him, shall not be
petitioner is correct. In a fideicommissary considered as a condition unless it
substitution, the first heir is strictly appears that such was his intention.
mandated to preserve the property and
to transmit the same later to the second That which has been left in this manner
heir. 15 In the case under consideration, may be claimed at once provided that the
the instituted heir is in fact allowed under instituted heir or his heirs give security
the Codicil to alienate the property for compliance with the wishes of the
provided the negotiation is with the near testator and for the return of anything he
descendants or the sister of the testatrix. or they may receive, together with its
Thus, a very important element of a fruits and interests, if he or they should
fideicommissary substitution is lacking; disregard this obligation.
the obligation clearly imposing upon the
first heir the preservation of the property ARTICLE 883. When without the fault of
and its transmission to the second heir. the heir, an institution referred to in the
"Without this obligation to preserve preceding article cannot take effect in the
clearly imposed by the testator in his will, exact manner stated by the testator, it
there is no fideicommissary substitution." shall be complied with in a manner most
16 Also, the near descendants’ right to analogous to and in conformity with his
inherit from the testatrix is not definite. wishes.
The property will only pass to them
should Dr. Jorge Rabadilla or his heirs not The institution of an heir in the manner
fulfill the obligation to deliver part of the prescribed in Article 882 is what is known
usufruct to private Respondent. in the law of succession as an institucion
sub modo or a modal institution. In a
Another important element of a modal institution, the testator states (1)
fideicommissary substitution is also the object of the institution, (2) the
missing here. Under Article 863, the purpose or application of the property left
second heir or the fideicommissary to by the testator, or (3) the charge
whom the property is transmitted must imposed by the testator upon the heir. 18
not be beyond one degree from the first A "mode" imposes an obligation upon the
heir or the fiduciary. A fideicommissary heir or legatee but it does not affect the
substitution is therefore, void if the first efficacy of his rights to the succession. 19
heir is not related by first degree to the- On the other hand, in a conditional
second heir. 17 In the case under testamentary disposition, the condition
scrutiny, the near descendants are not at must happen or be fulfilled in order for
all related to the instituted heir, Dr. Jorge the heir to be entitled to succeed the
Rabadilla. testator. The condition suspends but
does not obligate; and the mode
obligates but does not suspend. 20 To uncertainty arises on the face of the Will,
some extent, it is similar to a resolutory as to the application of any of its
condition. 21 provisions, the testator’s intention is to
be ascertained from the words of the Will,
From the provisions of the Codicil taking into consideration the
litigated upon, it can be gleaned circumstances under which it was made.
unerringly that the testatrix intended 23 Such construction as will sustain and
that the subject property be inherited by uphold the Will in all its parts must be
Dr. Jorge Rabadilla. It is likewise clearly adopted. 24
worded that the testatrix imposed an
obligation on the said instituted heir and Subject Codicil provides that the
his successors-in-interest to deliver one instituted heir is under obligation to
hundred piculs of sugar to the herein deliver One Hundred (100) piculs of
private respondent, Marlena Coscolluela sugar yearly to Marlena Belleza
Belleza, during the lifetime of the latter. Coscuella. Such obligation is imposed on
However, the testatrix did not make Dr. the instituted heir, Dr. Jorge Rabadilla,
Jorge Rabadilla’s inheritance and the his heirs, and their buyer, lessee, or
effectivity of his institution as a devisee, mortgagee should they sell, lease,
dependent on the performance of the mortgage or otherwise negotiate the
said obligation. It is clear, though, that property involved. The Codicil further
should the obligation be not complied provides that in the event that the
with, the property shall be turned over to obligation to deliver the sugar is not
the testatrix’s near descendants. The respected, Marlena Belleza Coscuella
manner of institution of Dr. Jorge shall seize the property and turn it over
Rabadilla under subject Codicil is to the testatrix’s near descendants. The
evidently modal in nature because it non-performance of the said obligation is
imposes a charge upon the instituted heir thus with the sanction of seizure of the
without, however, affecting the efficacy property and reversion thereof to the
of such institution. testatrix’s near descendants. Since the
said obligation is clearly imposed by the
Then too, since testamentary testatrix, not only on the instituted heir
dispositions are generally acts of but also on his successors-in-interest,
liberality, an obligation imposed upon the the sanction imposed by the testatrix in
heir should not be considered a condition case of non-fulfillment of said obligation
unless it clearly appears from the Will should equally apply to the instituted heir
itself that such was the intention of the and his successors-in-interest.
testator. In case of doubt, the institution
should be considered as modal and not Similarly unsustainable is petitioner’s
conditional. 22 submission that by virtue of the amicable
settlement, the said obligation imposed
Neither is there tenability in the other by the Codicil has been assumed by the
contention of petitioner that the private lessee, and whatever obligation
respondent has only a right of usufruct petitioner had become the obligation of
but not the right to seize the property the lessee; that petitioner is deemed to
itself from the instituted heir because the have made a substantial and constructive
right to seize was expressly limited to compliance of his obligation through the
violations by the buyer, lessee or consummated settlement between the
mortgagee. lessee and the private respondent, and
having consummated a settlement with
In the interpretation of Wills, when an the petitioner, the recourse of the private
respondent is the fulfillment of the
obligation under the amicable settlement
and not the seizure of subject property.

Suffice it to state that a Will is a personal,

solemn, revocable and free act by which
a person disposes of his property, to take
effect after his death. 25 Since the Will
expresses the manner in which a person
intends how his properties be disposed,
the wishes and desires of the testator
must be strictly followed. Thus, a Will
cannot be the subject of a compromise
agreement which would thereby defeat
the very purpose of making a Will.

WHEREFORE, the petition is hereby

DISMISSED and the decision of the Court
of Appeals, dated December 23, 1993, in
CA-G.R. No. CV-35555 AFFIRMED. No
Pronouncement as to costs. c hanrobles virtuallawli brary

SO ORDERED.