GR L 1965; (December, 1949) (Digest)
G.R. No. L-1965. December 29, 1949.
EDUARDO OSORIO, VICENTE OSORIO, LEONARDO OSORIO and ANTONIO OSORIO, petitioners,
vs.
MARINA OSORIO, ANTONIO OSORIO, LEONARDO OSORIO, NATIVIDAD OSORIO and THE COURT OF APPEALS, respondents.
FACTS
Leonardo Osorio y Reyes died, leaving a will that distributed his property among his five legitimate children and his five adulterine (illegitimate) children. His only remaining asset at death was a parcel of land. The legitimate children secured registration of the entire land in their names alone, excluding the illegitimate children. The illegitimate children (petitioners) filed an action to compel the legitimate children to transfer to them the 19 hectares of land bequeathed to them in the will. The Court of Appeals dismissed the action, ruling that adulterine children have no right to succeed by will, that the petitioners were not considered legatees, and that their action had prescribed.
ISSUE
1. Do adulterine children have the right to receive a testamentary disposition from the free portion of the estate?
2. Did the petitioners’ action for reconveyance prescribe?
RULING
1. Yes. Under the Civil Code, the estate is divided into: the legitime (two-thirds reserved for legitimate children), comprising the strict legitime (one-third) and the improvement (one-third); and the free portion (one-third). The testator may freely dispose of the free portion in favor of anyone, including illegitimate children. The will bequeathed 19 hectares to the illegitimate children. Since the free portion of the land amounted to only 17+ hectares, the bequest was valid only to that extent. The excess was inofficious and void, belonging to the legitimate children.
2. No. Prescription did not run. The possession of the legitimate children, as co-owners, is presumed to be for the benefit of all co-owners. For prescription to run, there must be a clear repudiation of the co-ownership communicated to the other co-owners. Mere fraudulent concealment of the will does not constitute such repudiation. The action is one for reconveyance based on an implied trust, which prescribes only from the time of express repudiation.
The legitimate children are ordered to execute a deed of transfer for 17 hectares, 48 ares, and 57 centiares (the free portion) in favor of the petitioners.
AI Generated by Armztrong.