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, the surviving spouse of Victoriana Saavedra, submitted for probate their joint will. The will contained reciprocal dispositions conditioned on who would die first. Specifically, it provided that if Macario died before Victoriana, sixteen specified parcels of conjugal land would be given to Macario’s two nephews, Ong Ka Chiew and Ong Ka Jian. Conversely, if Victoriana died first, three other parcels would belong to her, with one of these parcels going to her sister if Victoriana predeceased Macario. Victoriana Saavedra died first. Macario, as executor, presented a scheme of partition seeking to distribute the estate according to the will’s terms, including giving the sixteen parcels to his nephews. The heirs of Victoriana (her brother, sister, nephews, and nieces) opposed, arguing that since Victoriana died first, the condition for the nephews to inherit the sixteen parcels did not occur. The parties submitted a stipulation of facts.

ISSUE

Did the legatees Ong Ka Chiew and Ong Ka Jian acquire a right to inherit the sixteen parcels of conjugal land under the terms of the joint will, given that Victoriana Saavedra predeceased the testator Macario Macrohon Ong Ham?

RULING

No. The Supreme Court affirmed the lower court’s decision, with modification. The will clearly imposed a condition for the nephews’ inheritance: that Macario must die before Victoriana. Since this condition did not occur (Victoriana died first), the nephews acquired no rights to the sixteen parcels. The disposition in their favor was a conditional institution, and under Article 1114 of the Civil Code, the acquisition of rights depends on the occurrence of the condition. Therefore, Victoriana’s half-share in the conjugal properties (including the sixteen parcels and one other parcel she reserved for herself) descended by intestate succession. This estate is to be divided among her legal heirs: her surviving spouse (Macario) and her relatives (the opponents) in accordance with the Civil Code. The Court modified the order to include the reserved parcel in the mass of the estate to be partitioned.