Scribd
Upload
1K views1 page

Crisologo Vs Singson

This case involves a dispute over ownership of a property between Crisologo and Singson. Singson claimed partial ownership based on a will leaving half the property to Consolacion Florentino. The lower court ruled in favor of Crisologo. The issue on appeal was whether the will established vulgar substitution or fideicommissary substitution. The Supreme Court held that the will established vulgar substitution, meaning Florentino acquired full ownership upon the death of the testator, rather than mere usufructuary rights. As such, Florentino was entitled to demand partition of the property.

Uploaded by

Anonymous U0WMxKm
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
1K views1 page

Crisologo Vs Singson

This case involves a dispute over ownership of a property between Crisologo and Singson. Singson claimed partial ownership based on a will leaving half the property to Consolacion Florentino. The lower court ruled in favor of Crisologo. The issue on appeal was whether the will established vulgar substitution or fideicommissary substitution. The Supreme Court held that the will established vulgar substitution, meaning Florentino acquired full ownership upon the death of the testator, rather than mere usufructuary rights. As such, Florentino was entitled to demand partition of the property.

Uploaded by

Anonymous U0WMxKm
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

CRISOLOGO vs SINGSON

G.R. No. L-13876


February 28, 1962

FACTS:

This involves a lot and improvements thereon. Complaint alleged that Singson owned half pro indiviso of said
property and that Florentino owned the other half by virtue of the duly probated last will of Singson (original
owner). Defendant's defense was that ConsolacionFlorentino was a mere usufructuary of and not owner of one-
half pro-indiviso of the property in question, and that therefore, she was not entitled to demand partition
thereof.
Lower court rendered judgment in favor of plaintiff. Singson appealed. At the time of the execution of the will,
the nearest living relatives of the original owner were her brothers Evaristo, Manuel and Dionisio Singson, her
nieces Rosario, Emilia and Trinidad, and her grandniece Consolation, all surnamed Florentino.

ISSUE:

Whether the testamentary disposition provided for sustitucion vulgar or for sustitucion fideicomisaria?

HELD:

The old Civil Code governs this case. Testator may not only designate heirs who’ll succeed him, but also
substitutes in the event that said heirs don’t accept or are in no position to accept inheritance or legacies, or
die ahead of him.

Testator may also bequeath his properties to particular person with obligation, on part of latter, to deliver the
same to another, totally or partially, upon occurrence of particular event. The particular testamentary clause
provides for substitution of heir in this manner: upon death of ConsolacionFlorentino, whether before or after
that of testatrix, property bequeathed to her shall be delivered or shall belong in equal parts to testatrix's three
brothers, Evaristo, Manuel, Dionisio, or their forced heirs, should anyone of them die ahead of
ConsolacionFlorentino. If this created sustitucion vulgar, necessary result would be that
ConsolacionFlorentino, upon death of testatrix, became owner of one undivided half of the property,but if it
provided for sustitutionfideicomisaria, she would have acquired nothing more than usufructuary rights over
same half. In the former, she would be entitled to partition, but not in the latter.

As Manresa says, a careful perusal of the testamentary clause under consideration shows that the substitution
of heirs provided for therein is not expressly made of the fideicommissary kind, nor does it contain a clear
statement to the effect that appellee, during her lifetime, shall only enjoy usufructuary rights over the property
bequeathed to her, naked ownership thereof being vested in the brothers of the testatrix. As already stated, it
merely provides that upon appellee's death whether this happens before or after that of the testatrix. Her share
shall belong to the brothers of the testatrix. In the light of the foregoing, we believe, and so hold, that the last
will of the deceased Dña. Leona Singson, established a mere sustitucion vulgar, the substitution
ConsolacionFlorentino by the brothers of the testatrix to be effective or to take place upon the death of the
former, whether it happens before or after that of the testatrix.

You might also like