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Case digest · Aliens and land: hereditary succession does not include testamentary succession; usufruct
Testate Estate of Ramirez vs. Vda. de Ramirez
A Filipino who died in Spain left his Austrian companion, by will, a usufruct over part of an estate that included shares in land in Manila and Antipolo. His grandnephews said the Constitution barred it.
Facts
December 11, 1964
Jose Eugenio Ramirez, a Filipino national, died in Spain, with only his widow as compulsory heir. His will was admitted to probate by the Court of First Instance of Manila on July 27, 1965.
The heirs
His principal beneficiaries were his widow Marcelle, who is French and lives in Paris; his companion Wanda de Wrobleski, an Austrian who lives in Spain; and his grandnephews Roberto and Jorge Ramirez. The estate included a one-sixth share of land and buildings on the Escolta, Manila, and a one-sixth share of two parcels of land in Antipolo, Rizal.
The will
The will gave the naked ownership to the grandnephews and the usufruct to the widow (one-third) and to Wanda (two-thirds), with substitutions in favor of others.
June 23, 1966
The administratrix proposed a partition: one-half of the estate to the widow in full ownership as her legitime, and the free portion to the grandnephews in naked ownership, subject to usufructs in favor of the widow (one-third) and Wanda (two-thirds).
May 3, 1967
The trial court approved the partition over the grandnephews’ objections. Among other grounds, they had argued that the usufruct over real property in the Philippines in favor of Wanda, an alien, violated the Constitution. They appealed to the Supreme Court.
Issue
Does the constitutional exception for hereditary succession allow an alien to acquire land by will, and is the usufruct over land in favor of Wanda, an alien, valid?
Ruling
The exception does not extend to testamentary succession, but Wanda’s usufruct is valid because a usufruct does not vest title. The Court ordered the estate distributed: one-half to the widow as her legitime, and the free portion to the grandnephews in naked ownership, with the usufruct to Wanda.
The Court applied the 1935 Constitution, whose Art. XIII, Sec. 5 barred the transfer of private agricultural land to those not qualified to acquire or hold lands of the public domain, “Save in cases of hereditary succession”. The trial court had read the exception to cover testamentary succession as well. The Supreme Court disagreed: otherwise any alien could circumvent the prohibition by paying a Philippine landowner in exchange for a devise of land. Still, it upheld Wanda’s usufruct, because a usufruct, though a real right, does not vest title to the land in the usufructuary, and what the Constitution proscribes is the vesting of title to land in aliens. On the other issues, the widow was entitled to one-half of the estate in full ownership as her legitime and to no additional usufruct; the simple (vulgar) substitution in favor of Wanda’s substitutes was valid, but the fideicommissary substitution was void. The Court did not discuss whether the widow’s legitime could include land.
“Any alien would be able to circumvent the prohibition by paying money to a Philippine landowner in exchange for a devise of a piece of land.”
Doctrine
“We are of the opinion that the Constitutional provision which enables aliens to acquire private lands does not extend to testamentary succession for otherwise the prohibition will be for naught and meaningless.” But the prohibition is aimed at title: “a usufruct, albeit a real right, does not vest title to the land in the usufructuary and it is the vesting of title to land in favor of aliens which is proscribed by the Constitution.” The Court construed Art. XIII, Sec. 5 of the 1935 Constitution; Art. XII, Sec. 7 of the 1987 Constitution keeps the same “Save in cases of hereditary succession” exception, for private lands.
Compare: a former Filipino
In Republic vs. Court of Appeals and Spouses Lapiña, G.R. No. 108998, August 24, 1994, the buyers were natural-born Filipinos when they acquired the land, and the 1987 Constitution’s separate exception for former natural-born citizens allowed them to register it even as Canadians: “the Constitution itself allows private respondents to register the contested parcels of land in their favor.”
Bar tip
Keep the exceptions apart. The exception for hereditary succession does not extend to testamentary succession, so an alien cannot acquire title to land by will. But an alien may hold a right short of title, such as a usufruct, because the prohibition is against the vesting of title in aliens. Remember that this case applied the 1935 Constitution.
Hear it explained
Land Titles Jurisprudence Ep. 5, at 14:31
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This digest is general legal information for education, not legal advice, and it is not a substitute for reading the decision. Quoted passages are taken word for word from the full text.