Blas vs Santos

Blas vs Santos

March 29 1961| Labrador,  J. | What may NOT be objects of contracts- Future Future nhertance PETITIONER: Mara !er"aco #$as, Manue$ !er"aco #$as, Leonco !er"aco #$as %nd Loda !er"aco #$as RESPONDENT: &osa$na 'antos, n her ca(acty as '(eca$ %dmnstratr) of the *state of the deceased Ma)ma 'antos +da e #$as, n '( .roc No 2/20, ourt of Frst nstance of &3a$, defendantsa((e$$ants Marta !er"aco #$as and r 4ose h" SUMMARY: 'meon #$as marred Marta ru3 5th 5hom he has hers Marta ded n 19 'meon marred Ma)ma n 199 The (ro(ertes he and hs hs former 5fe ac7ured ac7ured durn8 the rst marra8e 5ere 5ere not $7udated n 19:6, 'meon #$as e)ecuted e)ecuted a 5$$ ds(osn8 ha$f of hs (ro(ertes n fa"or of Ma)ma the other ha$f for (ayment of debts n $eu of ths, Ma)ma e)ecuted a document, *)hbt % , that she  5$$ res(ect and obey a$$ and e"ery ds(oston of sad 5$$ and (romses that she;$$ be 8"n8 oneha$f of the (ro(ertes she;$$ be ac7urn8 to the hers and $e8atees named n the 5$$ of her husband 'meon #$as ded cent su>cent cause and consderaton DOCTRINE: When a8reement to transmt oneha$f of conju8a$ share s a contract as to future nhertance % document s8ned by the testator?s 5fe, (romsn8 that she 5ou$d res(ect and obey a$$ the ds(ostons n the $atter?s 5$$, and that she 5ou$d ho$d oneha$f of her share n the conju8a$ assets n trust for the hers and $e8atees of her husband n hs 5$$, 5th the ob$8aton of con"eyn8 the same to such of hs hers or $e8atees as she m8ht choose n her $ast 5$$ and testament, s a com(romse and at the same tme a contract 5th su>cent cause or consderaton t 5$$ be noted that 5hat s (rohbted to be the subject matter of a contract under %rtc$e 12@1 of the "$ ode s Afuture nhertanceA 7.

FACTS: 1.

Simeon Bl Blas married twice. (see flowchart below) •

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First marriage was with Marta Cruz. (had 3 children: only one of whom, Eulalio , had left children namely aria, arta and !a"aro. !a"aro is sur#i#ed by his 3 legitimate children). children). Simeon Blas contracted another marriage with Maxima Santos when arta $ru" died.

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3.

&hen &hen art artaa $ru" $ru"'& '&if ifee 1 1 died, died, there there was was no liquidation of  the couple’s property . t also a**ears that a+ima Santos'&ife Santos'&ife % had not a**orted any *ro*erties to her marriage with Simeon. Sime Simeon on Blas Blas e+ec e+ecut uted ed a last will and testament (one wee  before death) which which stated that half of their *ro*erty (with a+ima'&%) is the share of his wife. 

-%. uring my second marriage with a+ima Santos de Blas,   *ossessed and ac/uired wealth and *ro*erties, *ro*erties, consisting of lands, fish*onds and other inds of *ro*erties, the total assessed #alue of which reached the amount 02.4.44.-

-;5& 8!! E; B< =>ESE 0?ESE;=S: -=hat  8@8 S8;=5S E B!8S, of legal age, married to SE5; B!8S, resident of alabon, ?i"al, 0hili**ines, #oluntarily state:

=hat  ha#e read and new the contents of the will signed b y my husband, SE5; B!8S, (%) and  *romise on my word of honor  in the *resence of my husband that  will res*ect and obey all and e#ery dis*osition of said will (3) and furthermore,  *romise in this document that all the *ro* erties my husband and  will lea#e, the  *ortion and share corres*onding to me when  mae my will,  will gi#e onehalf (A) to the heirs and legatees or the beneficiaries named in the will of my husband, (7) and that  can select or choose any of them, to whom  will gi#e de*ending u*on the res*ect, ser#ice and treatment accorded to me. ; &=;ESS &>E?E5F,  signed this document this % th day of ecember, 13 at San Francisco del onte, San Cuan, ?i"al, 0hili**ines.- (E+h. -8-, **. 3 431, 8**ellantDs brief).

 -1. 5nehalf of our *ro*erties, after the *ayment of my and our indebtedness, all these *ro*erties ha#ing been ac/uired during marriage (con6ugal *ro*erties), constitutes the share of my wife a+ima Santos de Blas, according to the law.-

8not 8nothe herr docu docume ment nt (Exhibit !"# was e+ecuted by a+ima'&% which states that one9half of her shares of the  *ro*erties left to her by her husband, she would gi#e to the heirs and legatees or the beneficiaries (*laintiffs) (*laintiffs) named in the will of her husband.

(Sgd.) 8@8 S8;=5S E B!8S

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=his case was institute instituted d by *laintif *laintiffs fs agains againstt the the administratri+ administratri+ of the estate of a+ima Santos'&%, to secure a $udicial declaration that one9half of the *ro*erties left by said a+ima Santos da. de Blas'&% and requestin% that

said properties so promised be ad$udicated to the  *laintiffs. . &C held that said Exhibit '!' has not created any ri%ht in favor of plaintiffs which can ser#e as a basis of the com*laintG that neither can it be considered as a valid and enforceable contract  for lac of consideration and because it deals with future inheritance. =he court also declared that E+hibit -8- is not a will because it does not comply with the requisites for the execution of a will G nor could it  be considered as a donation.

2.

8lso &C’s (H defendantIs arguments), is that the heirs of Simeon Blas and his wife arta $ru" can no longer mae any claim for the unli/uidated con6ugal *ro*erties ac/uired during said first marriage, because the same were already included in the mass of *ro*erties constituting the estate of the deceased Simeon Blas and in the ad6udications made by #irtue of his will, and that the action to reco#er the same has  *rescribed.

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contract under 8rticle 1%21 of the (5ld) $i#il $ode is -future inheritance.6uture inheritance is any *ro*erty or right not in

ISSUE/S: )*

&o; E+hibit 8 is a #alid contract since the ob6ect is a future inheritanceJ (&o; the *laintiffs ha#e'can claim from A of the *ro*erties recei#ed by Santos on the basis of E+hibit 8) a* &o; a+ima com*lied with her obligationJ

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+,-./01 2etition %ranted*

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Cudgment a**ealed from is re#ersed =he defendant9a**ellee, administratri+ of the estate of a+ima Santos, is ordered to con#ey and deli#er one9 half of the *ro*erties ad6udicated o a+ima Santos as her share in the con6ugal *ro*erties to the heirs and the legetees of her late husband Simeon Blas $ase is remanded to =$ for ad6udication as to res*ecti#e shares and *artici*ation

transmit onehalf of her share in the con6ugal *ro*erties ac/uired with her husband, which *ro*erties are stated or declared to be con6ugal *ro*erties in the will of the husband. =he con6ugal *ro*erties were in e+istence at the time of the e+ecution of E+hibit -8- on ecember %, 13. 8s a matter of fact, a+ima Santos included these  *ro*erties in her in#entory of her husbandDs estate of Cune %, 132. =he *romise does not refer to any *ro*rties that the maer would inherit u*on the death of her husband. =he document refers to e+isting *ro*erties which she will recei#e by o*eration of law on the death of her husband, because it is her share in the con6ugal assets. .t is not void under !rt )45) of the old civil code* &hat is *rohibited to be the sub6ect matter of a

e+istence or ca*able of determination at the time of the contract, that a *erson may in the future ac/uire  by succession. =he *ro*erties sub6ect of the contract E+hibit -8- are well7 defined properties , e+isting at the time of the agreement, which Simeon Blas declares in his testament as belonging to his wife as her share in the con6ugal *artnershi*.

/o* Maxima did not comply with her obli%ation to deliver 8 of her shares*

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E#ident from a consideration of the abo#e figures and facts that a+ima Santos did not com*ly with her obligation to de#ise onehalf of her con6ugal *ro*erties to the heirs and legatees of her husband. She does not state that she had com*lied with such obligation in her will. a+ima de#ised to arta Ker#acio Blas 4ha •

RATIO: 3es* Exhibit ! is a compromise (to avoid liti%ation# and at the same time a contract with a sufficient cause or consideration* .t is not a contract on future inheritance*

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=he E+hibit -8- a**ears to be the com*romise defined in 8rticle 14 of the $i#il $ode of S*ain, in force at the time of the e+ecution of E+hibit -8-. ts *re*aration and e+ecution was ordered by Simeon Blas e#idently to *re#ent his heirs by his first marriage from contesting his will and demanding li/uidation of the con6ugal  *ro*erties ac/uired during his first marriage, and an accounting of the fruits and *roceeds thereof from the time of the death of his first wife. t is not a contract on future inheritance  since the document refers to existin% properties  which she will recei#e by o*eration of law on the death of her husband,  because it is her share in the con6ugal assets. t is an obligation or *romise made by the maer to

fish*ond, out of total 147.23. t also had am e+sting obligation to the ?ehabilitation Fiance $or*oration 8ngelina Bals gi#en only 14 s/.m. lot !eony Blas gi#en the sum of 0344.44

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Spanish Civil Code, Ari!le "#$%& om(romse s a contract by 5hch each of the (artes n nterest, by 8"n8, (romsn8, or retann8 somethn8 a"ods the (ro"ocaton of a sut or termnates one 5hch has a$ready been nsttuted

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Ne' CC, Ari!le "()*& %$$ thn8s 5hch are not outsde the commerce of men, nc$udn8 future thn8s, may be the object of a contract %$$ r8hts 5hch are not ntransmssb$e may a$so be the object of contracts

u(on $earnn8 Oher iss+es& C1 of such fa$ure on the (art of Ma)ma 'antos Deendans a$$e8ed= .roject of (artton, to com($y adjudcatn8 to Ma)ma 'antos oneha$f as her 5th sad (romse share n the conju8a$ (ro(ertes, s a bar to  4#L &eyes oncurrn8 Most$y about 'uccesson another acton on the same subject matter, octrne set by the ' of '(an s but one of a seres of Ma)ma 'antos ha"n8 become abso$ute o5ner decsons rea>rmn8 the $e8a$ (ro(oston theren $ad of the sad (ro(ertes adjudcated n her fa"or do5n t can thus be seen that the constant Fa$ure of the ($antDs to o((ose the (roject of authortat"e nter(retaton of the (rohbton a8anst (artton n the sett$ement of the estate of a8reements n"o$"n8 future nhertance re7ures not on$y that a future successon be contem($ated but a$so 'meon #$as, es(eca$$y that (orton of the that the subject matter of the bar8an shou$d be ether (roject 5hch ass8ned to Ma)ma 'antos onethe un"ersa$ty or com($e) or mass of (ro(erty ha$f of a$$ the conju8a$ (ro(ertes, bars (resent o5ned by the 8rantor at the tme of hs death, or acton, e$se an a$7uot (orton thereof SC he$d= e"od of mert These contentons ))) 5ou$d be correct f a(($ed to the c$am of the 'nce the a8reement n the nstant case dd not ($antDsa((e$$ants that sad (ro(ertes 5ere refer to the future estate of the 5do5 of #$as, but on$y to ac7ured 5th the rst 5fe, Marta ru3 - #ut the man 8round u(on 5hch ($antDs (art of  her (resent (ro(erty at the tme the contract 5as base ther (resent acton s the document madeE *)hbt A%A snce the (romse to retransfer oneha$f of her - contans the e)(ress (romse made by conju8a$ Ma)ma 'antos to con"ey n her testament, share 5as su((orted by ade7uate consderaton as u(on her death, oneha$f of the conju8a$ sho5n (ro(ertes she 5ou$d rece"e as her share n n the man decsonE snce the contract ob"ated the conju8a$ (ro(ertes, the acton to enforce (rotracted the sad (romse dd not arse unt$ and after $t8aton and com($cated accountn8 n sett$n8 the conju8a$ (artnersh(? of #$as and hs rst deceasedG her death 5hen t 5as found that she dd 5feE not com($y 5th her abo"ementoned and snce the testament that the 5do5 (romsed to (romse maHe 5as mere$y,the mode chosen to (erform the contract - ($antDs dd not 7ueston the "a$dty of the and (roject of (artton (recse$y because of the carry out the (romsed de"o$uton of the (ro(erty, (romse made by Ma)ma 'antos n the ben8 com(romse *)hbt A%AE they ac7uesced n thus of secondary m(ortance,  can see no reason the a((ro"a$ of sad (roject of (artton for because they 5ere re$yn8 on the (romse made dec$arn8 the entre arran8ement "o$at"e of the $e8a$ by Ma)ma 'antos n *)hbt A%A, that she nterdcton of contracts o"er future nhertance, and 5ou$d transmt oneha$f of the conju8a$ (ro(ertes that she 5as 8on8 to Marred 1696 rece"e as her share n the conju8a$ 'meon #$as (artnersh(, u(on her death and n B her 5$$, to the hers and $e8atees of  Marta ru3 -ed n 1696 her husband 'meon #$as, C2 efedentants= .rescr(ton *u$a$o h$d 2 h$d '= Nether can the c$am of (rescr(ton be consdered n fa"or of the defendants The r8ht of  La3aro !er"aco Marta Mara #$as acton arose at the !er"aco !er"aco #$as #$as -ed n 19/2 tme of the death of Ma)ma 'antos on October /, 19/6, Manue$ Leonco Loda 5hen she fa$ed to com($y 5th the !er"aco !er"aco !er"aco (romse made by her n *)hbt A%A The #$as #$as #$as ($antDsa((e$$ants mmedate$y dsa((ont the $e8tmate e)(ectaton he$d by the (resented ths acton on ecember 2@, 19/6, hers of 

the rst 5fe durn8 a$$ these years #arrera oncurrn8 *)hbt % refers s(ecca$$y to and aDects so$e$y the share of the 8rantorMa)ma 'antos n the conju8a$ (ro(ertes as determned and s(eced n the 5$$ of her husband 'meon #$as, 5hose (ro"sons, 5hch she e)(ress$y acHno5$ed8ed to ha"e read and understood, consttute the rason d?etre of  her (romse to de$"er or con"ey, by 5$$, oneha$f of that s(ecc share to the hers and $e8atees named n her husband?s 5$$ No5here n the document *)hbt A%A s there reference to her heredtary estate that she herse$f 5ou$d $ea"e behnd at the tme of her o5n demse 5hch $e8a$$y 5ou$d be her Afuture nhertanceA For ths reason,  be$e"e the contractua$ ob$8aton assumed by Ma)ma 'antos n "rtue of *)hbt A%A does not come 5thn the (rohbton of  %rtc$e 12@1 of the '(ansh "$ ode, no5 %rtc$e

1:0@ of  the "$ ode of the .h$((nes #auststa %n8e$o 4, ssentn8 Wh$e  a8ree 5th the theory that the *)hbt A%A does not n"o$"e a contract on future nhertance but a (romse made by Ma)ma 'antos to transmt oneha$f of her share  am ho5e"er of the o(non that heren a((e$$antsha"e no cause of acton because Ma)ma 'antos has substanta$$y com($ed 5th her (romse