Tuesday, June 4, 2019

[CASE DIGEST] JOHNNY S. RABADILLA v. COURT OF APPEALS and MARIA MARLENA COSCOLUELLA Y BELLEZA VILLACARLOS (G.R. No. 113725)

June 29, 2000

Ponente: Purisima, J. 

FACTS:

·         Aleja Belleza, the owner of Lot No. 1392 of the Bacolod Cadastre, left a Last Will and Testament. Appended to such Will was a Codicil (supplement), which instituted Dr. Jorge Rabadilla as devisee of 511,855 square meters of the said property. (Note: There was no mention of Belleza's relation to Rabadilla.) The Codicil included the following salient provisions:
  • Dr. Jorge Rabadilla is instituted as devisee of the said property;
  • Should Dr. Rabadilla die ahead of Belleza, said property shall be inherited by Dr. Rabadilla's chilren and spouse;
  • Once Dr. Rabadilla shall have already received the ownership of the said property, he shall have the obligation until he dies, every year to give to Maria Marlena Coscolluela y Belleza, 75 piculs of export sugar and 25 piculs of domestic sugar (or 100 piculs of sugar in total) until the said Maria Marlena Coscolluela y Belleza dies;
  • Should Dr. Rabadilla die, his heir to whom he shall give the subject property shall have the obligation to still give yearly, 100 piculs of sugar as specified in the testament, to Maria Marlena Coscolluela y Belleza on the month of December of each year;
  • In the event that Dr. Rabadilla or his heirs shall later sell, lease, mortgage the subject property, the buyer, lessee, mortgagee, shall also have the obligation to respect and deliver yearly 100 piculs of sugar to Maria Marlena Coscolluela y Belleza, on each month of December until Maria Marlena shall die; and
  • Should Dr. Rabadilla or his heirs or the buyer, lessee, or mortgagee of the said property fail to deliver 100 piculs of sugar to Maria Marlena, the latter shall immediately seize the property and turn it over to Belleza's near descendant.
·         Pursuant to the same Codicil. the property was transferred to Dr. Rabadilla, who subsequently died in 1983, leaving the property to his wife Rufina and children Johnny (petitioner), Aurora, Ofelia, and Zenaida.

·         In 1989, Maria Marlena brought a complaint before the Bacolod RTC against the heirs of Dr. Rabadilla to enforce the provisions of the Codicil. The Complaint alleged that the Rabadillas violated the conditions of the Codicil, to wit:
  • Lot No. 1392 was mortgaged to the Philippine National Bank and the Republic Planters Bank in disregard of the testatrix's specific instruction to sell, lease, or mortgage only to the near descendants and sister of the testatrix.
  • Defendant-heirs failed to comply with their obligation to deliver one hundred (100) piculs of sugar (75 piculs export sugar and 25 piculs domestic sugar) to plaintiff Maria Marlena from sugar crop years 1985 up to the filing of the complaint as mandated by the Codicil, despite repeated demands for compliance.
  • The banks failed to comply with the Codicil which provided that in case of the sale, lease, or mortgage of the property, the buyer, lessee, or mortgagee shall likewise have the obligation to deliver 100 piculs of sugar per crop year to Maria Marlena.
·         RTC: Dismissed the complaint for being prematurely filed as no cause of action against the Rabadillas has as yet arose in favor of Maria Marlena.

·         CA: Reversed RTC. Evidence on record established Maria Marlena's right to receive 100 piculs of sugar annually from the Rabadillas, which right was violated by the Rabadillas' failure to comply with the terms of the Codicil. Consequently, the subject property is seized and ordered to be reconveyed back to the estate of Aleja Belleza to be distributed to her legal heirs.

RULING:

 Affirmed CA ruling.

Whether the heirs of Dr. Rabadilla were under an obligation to deliver 100 piculs of sugar to Maria Marlena as per the Codicil in Aleja Belleza's Will. – YES.




·         Successional rights are transmitted from the moment of death of the decedent and compulsory heirs are called to succeed by operation of law. The legitimate children and descendants, in relation to their legitimate parents, and the widow or widower, are compulsory heirs. Thus, Johnny Rabadilla, his mother and sisters, as compulsory heirs of the instituted heir, Dr. Rabadilla, succeeded the latter by operation of law, without need of further proceedings, and the successional rights were transmitted to them from the moment of death of the decedent, Dr. Rabadilla.

·         The inheritance left by Dr. Rabadilla included all his property, rights and obligations not extinguished by his death. Whatever rights Dr. Rabadilla had by virtue of subject Codicil were transmitted to his forced heirs, at the time of his death. And since obligations not extinguished by death also form part of the estate of the decedent; corollarily, the obligations imposed by the Codicil on the deceased Dr. Rabadilla, were likewise transmitted to his compulsory heirs upon his death.

·         In the said Codicil, Aleja Belleza devised Lot No. 1392 to Dr. Rabadilla, subject to the condition that 100 piculs of sugar would be delivered to Maria Marlena every year. Upon the death of Dr. Rabadilla, his compulsory heirs succeeded to his rights and title over the said property, and they also assumed his (decedent's) obligation to deliver the fruits of the lot involved to Maria Marlena. Such obligation of the instituted heir reciprocally corresponds to the right of Maria Marlena over the usufruct, the fulfillment or performance of which is now being demanded by the latter through the institution of the case at bar. Therefore, Maria Marlena has a cause of action against the Rabadillas and the trial court erred in dismissing her complaint..

Whether the institution of Dr. Rabadilla as heir under the Codicil in question is in the nature of a modal institution. – YES.

·         The institution of Dr. Rabadilla under subject Codicil is in the nature of a modal institution. From the provisions of the subject Codicil, it can be gleaned unerringly that Belleza intended the subject property to be inherited by Dr. Rabadilla. It is likewise clearly worded that Belleza imposed an obligation on Dr. Rabadilla and his successors-in-interest to deliver 100 piculs of sugar to Maria Marlena, during the lifetime of the latter. However, Belleza did not make Dr. Rabadilla's inheritance and the effectivity of his institution as a devisee, dependent on the performance of the said obligation. It is clear, though, that should the obligation be not complied with, the property shall be turned over to Belleza's near descendants. The manner of institution of Dr. Rabadilla under subject Codicil is evidently modal in nature because it imposes a charge upon the instituted heir without, however, affecting the efficacy of such institution.

·         The Court also held that Rabadilla was wrong in arguing that Maria Marlena had only a right of usufruct but not the right to seize the property itself from the instituted heir because the right to seize was expressly limited to violations by the buyer, lessee or mortgagee.

ON MODAL INSTITUTION 

·         The institution of an heir in the manner prescribed in Article 882* is what is known in the law of succession as an institucion sub modo or a modal institution. In a modal institution, the testator states (1) the object of the institution, (2) the purpose or application of the property left by the testator, or (3) the charge imposed by the testator upon the heir. A "mode" imposes an obligation upon the heir or legatee but it does not affect the efficacy of his rights to the succession. On the other hand, in a conditional testamentary disposition, the condition must happen or be fulfilled in order for the heir to be entitled to succeed the testator. The condition suspends but does not obligate; and the mode obligates but does not suspend. To some extent, it is similar to a resolutory condition.



Whether a Will can be the subject of a compromise agreement. – NO.

·         Rabadilla: In 1988, Maria Marlena and a lessee of the property had entered into a memorandum of agreement where instead of sugar, the equivalent amount in cash shall be paid in increments. By virtue of such settlement, the obligation to deliver 100 piculs of sugar has been assumed by the lessee, and whatever obligation the Rabadillas had became the obligation of the lessee; that the Rabadillas are deemed to have made a substantial and constructive compliance with their  obligation through the consummated settlement between the lessee and Maria Marlena, and having consummated a settlement with the lessee, the recourse of Maria Marlena is the fulfillment of the obligation under the amicable settlement and not the seizure of subject property.

·         SC: A Will is a personal, solemn, revocable and free act by which a person disposes of his property, to take effect after his death. Since the Will expresses the manner in which a person intends how his properties be disposed, the wishes and desires of the testator must be strictly followed. Thus, a Will cannot be the subject of a compromise agreement which would thereby defeat the very purpose of making a Will.