G.R. No. L-19573 June 30, 1970
TESTATE ESTATE OF THE DECEASED LUCIA CESAREA AGATON, VICENTE ESTORQUE and SALVADOR ESTORQUE, petitioner-administrator and legatee-appellants, vs. SIMPLICIO ESTORQUE, oppositor-appellee.

FACTS

Lucia Cesarea Agaton died on May 27, 1949, leaving a will admitted to probate. Her properties included several lots, a house, carabaos, and cash. In her will, she bequeathed: to her son Simplicio Estorque, Lot No. 328, Lot No. 1427 (which was later automatically revoked), and one-half of a house; to her other son Vicente Estorque, 1/6 of Lot No. 3461 (referred to as Lot No. 345); to her granddaughter Teresita Estorque (Simplicio’s daughter), the other half of the house; and to her grandson Salvador Estorque (Vicente’s son), the remaining 5/6 of Lot No. 345. The probate court’s order of August 13, 1953, admitted the will but subject to a reduction of the legacy to Salvador Estorque. Commissioners appraised the estate, and on March 18, 1961, the court ordered the division of the estate, disregarding the will’s specific fractional dispositions for Lot No. 345. Instead, it divided Lot No. 345 into three equal 1/3 pro-indiviso portions among Simplicio, Vicente, and Salvador. Vicente and Salvador moved for reconsideration, arguing the will’s dispositions should be respected, contending Salvador’s share was a valid “mejora” (betterment) that did not impair the legitimes. The motion was denied, prompting this appeal.

ISSUE

Whether the bequest of 5/6 of Lot No. 345 to the grandson Salvador Estorque under the will is a valid “mejora” (betterment) that does not impair the legitimes of the compulsory heirs, Simplicio and Vicente Estorque, and should therefore be given effect according to the testatrix’s express wishes.

RULING

Yes. The Supreme Court set aside the trial court’s order and remanded the case for partition according to the will. The Court ruled that the bequest to Salvador Estorque, which exceeded the freely disposable portion of the estate, was a valid “mejora.” Under Article 828 of the Spanish Civil Code (then in force), a bequest to a descendant is considered a betterment when it cannot be included in the free portion, provided the strict legitime of compulsory heirs is not impaired. The Court found that the value of Salvador’s bequest, though exceeding the free portion, did not impair the one-third strict legitime (short legitime) of each compulsory heir. Furthermore, the Court held that a “mejora” can be given to a descendant like a grandson, even if he is not a forced heir, as long as his parent (a forced heir) is still alive and entitled to a legitime. The will’s dispositions were therefore upheld as valid. The two compulsory heirs, Simplicio and Vicente, were also entitled to share equally in the properties not disposed of by will (the four carabaos and the cash balance).