G.R. No. L-2386

FACTS:
The testatrix, Josefa Faustino y Mendoza, died in 1887. The twentieth clause of her will bequeathed the sum of 3,000 pesos to the spouses Miguel de la Fuente and Potenciana Medrano (plaintiffs-appellees). The clause directed them to invest the money in the purchase of good agricultural lands, retain one-third for themselves, and distribute the remaining two-thirds: one part to the widow and child of Eriberto de la Fuente and the other part to the heirs of Honorio de la Fuente. The plaintiffs filed an action against the twenty heirs of the testatrix (defendants-appellants) to recover the 3,000 pesos. The lower court ruled in favor of the plaintiffs, ordering all defendants to pay the 3,000 pesos plus interest from January 1, 1894, without specifying their individual liabilities.

ISSUE:
1. Whether the plaintiffs are required to post a bond (as for a legado modal) before they are entitled to receive the legacy from the heirs.
2. Whether the lower court correctly imposed interest from January 1, 1894.
3. Whether the lower court correctly imposed a solidary (joint and several) liability on all defendants for the payment of the legacy.

RULING:
1. On the requirement of a bond: No. The Court ruled that as far as the heirs of the testatrix are concerned, the legacy is absolute and unconditional. The directive for the plaintiffs to invest the money and distribute portions to third parties concerns only the plaintiffs and those third-party beneficiaries. The heirs have no interest in that arrangement and are therefore not entitled to demand security from the plaintiffs before paying the legacy.
2. On the imposition of interest: Yes. The Court affirmed the accrual of interest from January 1, 1894. It found that a prior judicial action filed by the plaintiffs in November 1893 to recover the legacy constituted a valid judicial demand, making the legacy due and demandable from that time.
3. On the nature of the heirs’ liability: The lower court erred. The liability of the heirs to pay a legacy is not solidary but pro rata (mancomunada). Each heir is liable only in proportion to the share of the estate he or she received. The Supreme Court modified the judgment by specifying the exact amount each defendant-heir must pay, calculated based on their respective hereditary shares, plus proportionate interest from January 1, 1894.

DISPOSITIVE PORTION:
The judgment of the lower court was AFFIRMED with MODIFICATION. The individual liabilities of the twenty defendants were specified. No costs were awarded.