Uson vs. Del Rosario, et al.G.R. No. L-4963. January 29, 1953
FACTS:
Maria Uson was the lawful wife of Faustino Nebreda who upon
his death in 1945 left the lands involved in this litigation. Faustino Nebreda
left no other heir except his widow Maria Uson. However, plaintiff claims that
when Faustino Nebreda died in 1945, his common-law wife Maria del Rosario took
possession illegally of said lands thus depriving her of their possession and
enjoyment.
Defendants in their answer 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.
ISSUE:
Who can legally take possession of the land
Whether or not the New civil code may be applied
retroactively in this case
RULING:
Faustino Nebreda died in 1945 much prior to the effectivity
of the New Civil Code. It is evident that when Faustino Nebreda died in 1945
the five parcels of land he was seized of at the time passed from the moment of
his death to his only heir, his widow Maria Uson (Article 657, old Civil Code).
The property belongs to the heirs at the moment of the death of the ancestor as
completely as if the ancestor had executed and delivered to them a deed for the
same before his death. From that moment, therefore, the rights of inheritance
of Maria Uson over the lands in question became vested.
The claim of the defendants that Maria 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.
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