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DIGEST Locsin V CA

1) Doña Catalina Locsin inherited all of Don Mariano Locsin's properties when he died. 2) During her lifetime, Doña Catalina transferred several of Don Mariano's properties that she had inherited, as well as some of her own properties, to Mariano's nephews and nieces (the Locsins) and to her own nephews and nieces (the Jaucians). 3) Upon Doña Catalina's death, some of her Jaucian nephews and nieces claimed they were entitled to inherit the properties Doña Catalina had transferred to the Locsins during her lifetime. However, the court ruled that the Jaucians were not

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Jan Lawrence Olaco
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96 views1 page

DIGEST Locsin V CA

1) Doña Catalina Locsin inherited all of Don Mariano Locsin's properties when he died. 2) During her lifetime, Doña Catalina transferred several of Don Mariano's properties that she had inherited, as well as some of her own properties, to Mariano's nephews and nieces (the Locsins) and to her own nephews and nieces (the Jaucians). 3) Upon Doña Catalina's death, some of her Jaucian nephews and nieces claimed they were entitled to inherit the properties Doña Catalina had transferred to the Locsins during her lifetime. However, the court ruled that the Jaucians were not

Uploaded by

Jan Lawrence Olaco
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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FIRST DIVISION; G.R. No.

89783; February 19, 1992 Held: NO


MARIANO B. LOCSIN, JULIAN J. LOCSIN, They are not entitled since those properties did
et al., petitioners, vs. not form part of her hereditary estate, i.e., "the property
The CA, JOSE JAUCIAN, et al., respondents. and transmissible rights and obligations existing at the
time of (the decedent's) death and those which have
Facts: accrued thereto since the opening of the succession."
The rights to a person's succession are
Don Mariano Locsin executed a Last Will and transmitted from the moment of his death, and do not
Testament instituting his wife, Catalina Jaucian Locsin, vest in his heirs until such time.
as the sole and universal heir of all his properties. The Property which Doña Catalina had transferred or
spouses being childless, had agreed that their conveyed to other persons during her lifetime no longer
properties, after both of them shall have died should formed part of her estate at the time of her death to
revert to their respective sides of the family, i.e., which her heirs may lay claim. Had she died intestate,
Mariano's properties would go to his "Locsin relatives" only the property that remained in her estate at the time
(i.e., brothers and sisters or nephews and nieces), and of her death devolved to her legal heirs.
those of Catalina to her "Jaucian relatives." Even if those transfers were, one and all, treated
Don Mariano died of cancer on September 14, as donations, the right arising under certain
1948 after a lingering illness. In due time, his will was circumstances to impugn and compel the reduction or
probated in Special Proceedings No. 138, CFI of Albay revocation of a decedent's gifts inter vivos does not inure
without any opposition from both sides of the family. Don to the respondents since neither they nor the donees are
Mariano relied on Doña Catalina to carry out the terms of compulsory (or forced) heirs.
their compact, hence, nine (9) years after his death, as if Said respondents are not her compulsory heirs,
in obedience to his voice from the grave, and fully and it is not pretended that she had any such, hence
cognizant that she was also advancing in years, Doña there were no legitimes that could conceivably be
Catalina began transferring, by sale, donation or impaired by any transfer of her property during her
assignment, Don Mariano's as well as her own, lifetime. All that the respondents had was an expectancy
properties to their respective nephews and nieces. She that in nowise restricted her freedom to dispose of even
made the following sales and donation of properties her entire estate subject only to the limitation set forth in
which she had received from her husband's estate, to his Art. 750, Civil Code which, even if it were breached, the
Locsin nephews and nieces: respondents may not invoke: “Art. 750. The donation
Four years before her death, she had made a may comprehend all the present property of the donor or
will on October 22, 1973 she had made a will affirming part thereof, provided he reserves, in full ownership or in
and ratifying the transfers she had made during her usufruct, sufficient means for the support of himself, and
lifetime in favor of her husband's, and her own, relatives. of all relatives who, at the time of the acceptance of the
After the reading of her will, all the relatives agreed that donation, are by law entitled to be supported by the
there was no need to submit it to the court for probate donor. Without such reservation, the donation shall be
because the properties devised to them under the will reduced on petition of any person affected”.
had already been conveyed to them by the deceased Petition for review is granted.
when she was still alive, except some legacies which the
executor of her will or estate, Attorney Salvador Lorayes,
proceeded to distribute.
In 1989, some of her Jaucian nephews and
nieces who had already received their legacies and
hereditary shares from her estate, filed action in the
RTC-Legaspi to recover the properties which she had
conveyed to the Locsins during her lifetime, alleging that
the conveyances were inofficious, without consideration,
and intended solely to circumvent the laws on
succession. Those who were closest to Doña Catalina
did not join the action.
After the trial, judgment was rendered in favor of
Jaucian, and against the Locsin. The CA affirmed the
said decion,hence this petition.

Issue:
Whether or not the nephews and nieces of Doña
Catalina J. Vda. de Locsin, are entitled to inherit the
properties which she had already disposed of more than
ten (10) years before her death.

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