December 10, 1963
FACTS:
This is an action for recovery of the ownership and possession of five parcels of land situated in Labrador, Pangasinan, filed by Maria Uson against Maria del Rosario and her four children.
Uson alleged that she was the lawful wife of Faustino Nebreda who upon his death in 1945 left the lands involved in this litigation. Nebreda left no other heir except his widow Uson. However, she claimed that when Nebreda died in 1945, his common-law wife del Rosario illegally took possession of said lands.
In their answer, defendants set up as special defense that on February 21, 1931, Maria Uson and her husband, the late Faustino Nebreda, executed a public document whereby they agreed to separate as husband and wife and, in consideration of their separation, Maria Uson was given a parcel of land by way of alimony and in return she renounced her right to inherit any other property that may be left by her husband upon his death.
The court rendered decision ordering the defendants to restore to the plaintiff the ownership and possession of the lands in dispute. Defendants interposed the present appeal.
ISSUE:
Whether Uson is the rightful heir despite the agreement she had with her deceased husband to separate. – YES.
HELD:
The claim of the defendants that Uson had relinquished her right over the lands in question because she expressly renounced to inherit any future property that her husband may acquire and leave upon his death in the deed of separation they had entered into on February 21, 1931, cannot be entertained for the simple reason that future inheritance cannot be the subject of a contract nor can it be renounced.