G.R. No. 27531 , December 24, 1927
IN RE: ESTATE OF VICTORIANA SAAVEDRA. MACARIO MACROHON ONG HAM, administrator-appellant, vs. JUAN SAAVEDRA, ET AL., opponents-appellees.

FACTS

Macario Macrohon Ong Ham and his wife, Victoriana Saavedra, executed a joint will. Victoriana died first, without descendants or ascendants. The will was probated. Ong Ham, as executor, submitted a scheme of partition based on the will, giving certain properties to his nephews, Ong Ka Chiew and Ong Ka Jian. Victoriana’s brother, sister, nephews, and nieces (the Saavedras) opposed, claiming her estate should pass by intestacy. The parties submitted a stipulation of facts, agreeing that the Saavedras were Victoriana’s nearest relations with a right to inherit if she died intestate or did not dispose of her property in the will.

The joint will contained reciprocal provisions. It stated that if Ong Ham died first, 16 specified parcels of land would go to his nephews. If Victoriana survived Ong Ham, 3 other parcels would belong to her exclusively. However, the condition for the nephews to inherit the 16 parcelsOng Ham predeceasing Victorianadid not occur, as Victoriana died first.

ISSUE

Did the legatees, Ong Ka Chiew and Ong Ka Jian, acquire any right to the 16 parcels of land under the joint will upon the death of Victoriana Saavedra, who predeceased her husband?

RULING

No. The Supreme Court affirmed the lower court’s decision with modification. The legacy to Ong Ka Chiew and Ong Ka Jian was conditional upon the occurrence of a specific event: the death of Macario Macrohon Ong Ham before Victoriana Saavedra. Since this condition did not occur (Victoriana died first), the legatees acquired no rights to the properties under the will. Consequently, Victoriana’s share in the conjugal properties (including the 16 parcels and one other parcel she had reserved for herself) descended by operation of law. One-half of the conjugal property belonged to the surviving spouse, Ong Ham. The other half (Victoriana’s estate) was to be divided among her legal heirs: the surviving spouse and her brother, sister, nephews, and nieces, in accordance with the Civil Code.