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In re estate of the deceased Victoriana Saavedra.


G.R. No. L-27531 December 24, 1927


Macario Macrohon Ong Ham, widower and executor of the joint last will and testament of
Victoriana Saavedra and himself, presented said will for probate, which was ordered by the
Court of First Instance of Zamboanga in its decree of February 21, 1924. The married couple,
Macario and Victoriana executed a joint will which was also expressly stated in the will. The
only near relations of the said Victoriana Saavedra, with the right to inherit her estate are her
brothers Juan and Segundo Saavedra; her nephews and nieces, Teofilo Saavedra, Manuel
Saavedra, Victoriana Saavedra, Mariano Saavedra, Froilan Saavedra, Josefa Saavedra,
Encarnacion Carpio and Macra Carpio, in case that the said Victoriana Saavedra died intestate,
or did not dispose of her property in said will. It was stated in the will that in case of the death
of Macario Macrohon Ong Ham before Victoriana Saavedra, the properties be given to Ong Ka
Chiew and Ong Ka Jian jointly, and should either of the two die before Macario Macrohon Ong
Ham, all the said properties be given to the survivor. In case that Victoriana Saavedra should
survive Macario Macrohon Ong Ham,Lot No. 838, Lot No. 817 and Lot No. 768 shall belong
exclusively to Victoriana Saavedra. Should Victoriana Saavedra die before Macario Macrohon
Ong Ham, Lot No. 817 be adjudicated to Segunda Saavedra, widow, sister of Victoriana
Saavedra, free of all liens and encumbrances. Lot No. 768 be adjudicated to Segunda Saavedra
and her heirs, on condition that she devote the products of the same to having masses said for
the repose of the soul of Victoriana Saavedra. In case of the death of either of the two, the
surviving spouse be appointed executor of this our last will and testament. This executor
submitted a scheme of partition and distribution of the property in accordance with the terms
of the joint will, to which Juan Saavedra and others filed an opposition. The executor rejoined
insisting upon the approval of the scheme and asking that the opposition of Juan Saavedra and
others be overruled.


Whether or not Segunda Saavedra is the only one entitled to the properties and not Juan
Saavedra and the others because the testator did not die partly testate and partly intestate

No. The oppositors have a right to the testatrix’s property as well.

Assuming that the joint will in question is valid, it follows that the deceased Victoriana
Saavedra specified therein that parcels 187 and 768 in proceeding No. 7880 be delivered as a
legacy to her sister Segunda Saavedra, the first parcel free of all liens and encumbrances, and
the second on the condition that the legatee devote the products of the same to having masses
said for the repose to the testatrix's soul. As to the remaining sixteen parcels, the testatrix
disposed of her part in them conditionally, that is to say, in case her husband Macario
Macrohon Ong Ham died before she died, said parcels were to be awarded to her husband's
nephews, or to either of them in case one should have died before the said Macario Macrohon
Ong Ham. The condition imposed in the will as precedent to the vesting in the alleged legatees
Ong Ka Chiew and Ong Ka Jian of the right to the legacy, not having been complied with, the
trial court found that the part of said property belonging to the testatriz should be partitioned
among the persons called on to succeed her under the law. We are of the opinion that this
finding is in accordance with the law, since, under article 791 of the Civil Code, conditions
imposed upon heirs and legatees shall be governed by the rules established for conditional
obligations in all matters not provided for by this section (articles 790 to 805). And, in
accordance with article 1114 of the Code, in conditional obligations the acquisition of rights, as
well as the extinction or loss of those already acquired, shall depend upon the occurrence of
the event constituting the condition. Such joint will has sometimes been used as a basis for the
distribution of the estate.