GR L 4963; (January, 1953) (Digest)
G.R. No. L-4963; January 29, 1953
MARIA USON, plaintiff-appellee, vs. MARIA DEL ROSARIO, CONCEPCION NEBREDA, CONRADO NEBREDA, DOMINADOR NEBREDA, AND FAUSTINO NEBREDA, Jr., defendants-appellants.
FACTS
Maria Uson, the lawful wife of Faustino Nebreda, filed an action for recovery of ownership and possession of five parcels of land in Labrador, Pangasinan, against Maria del Rosario (the common-law wife of Faustino Nebreda) and her four minor illegitimate children with Faustino. Faustino Nebreda died in 1945, leaving the lands in dispute. He left no other heir except his widow, Maria Uson. Upon Faustino’s death, Maria del Rosario took possession of the lands. The defendants claimed that in a 1931 public document, Maria Uson and Faustino agreed to separate, and Maria Uson received a parcel of land as alimony and renounced her right to inherit any future property from her husband. The defendants also contended that under the new Civil Code (effective June 1950), the illegitimate children are given the status and rights of natural children with successional rights, which should be given retroactive effect. Additionally, they claimed that Maria Uson agreed to assign the lands to the children during her husband’s wake.
ISSUE
The primary issue is whether Maria Uson, the lawful wife, is entitled to the ownership and possession of the lands left by her deceased husband, Faustino Nebreda, to the exclusion of his common-law wife and illegitimate children, considering the defenses raised: (1) the validity of the renunciation of future inheritance in the separation agreement, (2) the retroactive application of the successional rights of illegitimate children under the new Civil Code, and (3) the validity of the alleged assignment of the lands during the wake.
RULING
The Supreme Court affirmed the lower court’s decision, ordering the defendants to restore ownership and possession of the lands to Maria Uson.
1. The renunciation of future inheritance in the 1931 separation agreement is void. Future inheritance cannot be the subject of a contract or renunciation under the old Civil Code.
2. The successional rights granted to illegitimate children under the new Civil Code (Article 287) do not apply retroactively to impair the vested right of Maria Uson. Under the old Civil Code, the right to succession is transmitted from the moment of death (Article 657). Maria Uson’s right of ownership over the lands became vested in 1945 upon Faustino’s death. Article 2253 of the new Civil Code provides that new rights shall have retroactive effect only if they do not prejudice any vested or acquired right of the same origin.
3. The alleged assignment or donation of the lands by Maria Uson to the minor children during the wake is invalid. It partakes of a donation of real property, which under the old Civil Code (Article 633) requires a public document and acceptance in the same or a separate document. This formality was not complied with.