Carmen de Perez, trustee of Ana Maria Alcantara v.

Mariano Garchitorena and Jose

Casimiro (Sheriff)

Carmen de Perez
a trustee of the estate of Ana Maria Alcantara
has 21k on deposit", in de Perezs name, with La Urbana Association
final payment of the liquidated credit of Ana Maria Alcantara (now represented by
Carmen)
against Andres Garchitorena (now represented by Mariano)

Mariano Garchitorena
held a judgment for 7k against husband of Carmen de Perez
Writ of Execition
sheriff levied an attachment on the depost" with La Urbana
Carmen:
prayed for injunction
deposit belongs to the fideicommissary heirs of the decedent Alcantara
Mariano:
prayed for dissolution of injunction
Carmen was Alcantaras universal heiress
That the testatrix only intended a simple substitution,
CFI
La Urbana deposits belong to Carmens children
granted writ of injunction

SC:

(1) close look to the scope and meaning of the institution of heirs made in the will of
Alcantara (note: will is already admitted to probate)
9. Being single and without any forced heir I institute Carmen Garchiteorena de
Perez as my sole and universal heiress to the remainder of my estate after the
payment of my debts and legacies"
10. Should my heiress Carmen Garchitorena die, I order that my whole estate shall
pass unimpaired to her surviving children and should any of these die, his share
shall serve to increase the portions of his surviving brothers (and sisters) by
accretion that my estate shall never pass out of the hands of my heiress or her
children in so far as it is legally possible
11. Should my aforesaid heiress, Carmen Garchitorena, die after me while her
children are still in their minority, I order that my estate be administered by my
executrix, Mrs. Josefa Laplana, and in her default, by Attorney Ramon Salinas and in
his default, by his son Ramon Salinas

In CAB,
The Will provides for a substitution of heirs - a fideicommissary.
(i) Will, through Clause XI, in connection with clause X, where the substitution is
ordered where the heiress instituted dies after the testatrix, cannot be a case of
simple substitution.
Note: the nature of simple substitution is that the heir dies before the testator. Which
is not in CAB.
Further, in simple substitution, the heir does not receive the inheritance.
(ii) In clause IX, the testatrix institutes Carmen as her sole and universal heiress,
wherein, Carmen shall receive and enjoy the whole hereditary estate, by virtue of
which she preserves it in order to pass it on to the second heir.
Requisites of fideicommissary:
(a) first heir called to enjoyment of estate
(b) obligation to preserve and transmit to a third person, in whole or in part
(c) second heir.
(d) fideicommissarious is entitled to the estate (right to succession) upon testators
death.
now, although nothing is said about substitution in the Will, it may be said theres

also nothing in the Will which is in conflict with the idea of fideicommissary
substitution.
(a) the fact that the Carmen was instituted the sole and universal heiress does not
prevent her children from receiving, upon her death, the textatrix's hereditary estate
(b) the word sole" does not necessarily exclude the idea of substitute heirs
and taking the three clauses (of the Will) together, such word sole" means that the
plaintiff is the sole heiress instituted in the first instance.
(iii) Clause X provides for substitution.
the testatrix had in mind a fideicommissary substitution, since she limits the
transmission of her estate to the children of the heiress by this provision,
"in such wise that my estate shall never pass out of the hands of my heiress or her
children in so far as it is legally possible.
(iv) the provision that the whole estate shall pass unimpaired to the heiress's
children, that is to say the heiress is required to preserve the whole estate, without
diminution, in order to pass it on in due time to the fideicommissary heirs, is
indicative of fideicommissary substitution
(v) clause XI clearly indicates the idea of fideicommissary substitution,
where a provision is made in the event the heiress should die after the testatrix.
anticipates the case-where the instituted heiress should die after the testatrix and
after receiving and enjoying the inheritance.

(vi) requisites are satisfied

(a) Carmen was instituted an heiress, called to the enjoyment of the estate,
according to clause IX of the will.
(b) Obligation clearly imposed upon the heir to preserve and transmit to a third
person the whole or a part of the estate.
third person: heiress's surviving children
(c) Such are the children of the heiress instituted, who are referred to as such
second heirs