A
cursory reading of the English translation of the Last Will and
Testament shows that it was the sincere intention and desire of the
testator to reward his nephew Vicente Aranas for his faithful and
unselfish services by allowing him to enjoy one-half of the fruits of
the testator's third group of properties until Vicente's death and/or
refusal to act as administrator in which case, the administration shall
pass to anyone chosen by Carmelo Aranas among his sons and upon
Carmelo's death, his sons will have the power to select one among
themselves. Vicente Aranas therefore as a usufructuary has the right to
enjoy the property of his uncle with all the benefits which result from
the normal enjoyment (or exploitation) of another's property, with the
obligation to return, at the designated time, either the same thing, or
in special cases its equivalent. This right of Vicente to enjoy the
fruits of the properties is temporary and therefore not perpetual as
there is a limitation namely his death or his refusal. Likewise his
designation as administrator of these properties is limited by his
refusal and/or death and therefore it does not run counter to Art. 870
of the Civil Code relied upon by the petitioners. Be it noted that
Vicente Aranas is not prohibited to dispose of the fruits and other
benefits arising from the usufruct. Neither are the naked owners (the
other heirs) of the properties, the usufruct of which has been given to
Vicente Aranas prohibited from disposing of said naked ownership without
prejudice of course to Vicente's continuing usufruct. To void the
designation of Vicente Aranas as usufructuary and/or administrator is to
defeat the desire and the dying wish of the testator to reward him for
his faithful and unselfish services rendered during the time when said
testator was seriously ill or bed-ridden. The proviso must be respected
and be given effect until the death or until the refusal to act as such
of the instituted usufructuary/administrator, after which period, the
property can be properly disposed of, subject to the limitations
provided in Art. 863 of the Civil Code concerning a fideicommissary
substitution, said Article says:
A fideicommissary substitution by virtue of which the
fiduciary or first heir instituted is entrusted with the obligation to
preserve and to transmit to a second heir the whole or part of the
inheritance, shall be valid and shall take effect, provided such
substitution does not go beyond one degree from the heir originally
instituted, and provided further, that the fiduciary or first heir and
the second heir are living at the time of the death of the testator.
It is contended by
petitioners that the ruling made by respondent court dated November 17,
1977 was already final and not subject to correction as what was set
aside and to be reheard was only regarding the determination of
additional heirs. Such contention is not worthy of credence. Respondents
in their Memorandum allege and it is not disputed by petitioners that
the order of November 17, 1977 has not yet become final because it was
received only on January 12, 1978 by the counsel for respondent Vicente
Aranas and the Motion for Reconsideration and to declare testamentary
and intestate heirs dated January 17, 1978 was filed by the said
respondent within the reglementary period. Besides the validity or
invalidity of the usufructuary dispositions would affect the
determination of heirs.
As to petitioners' allegation that the order of July
16, 1980 is without basis, the record shows that during the hearing of
the urgent motion for reconsideration and to declare testamentary and
intestate heirs, it was proven conclusively by the said respondent
Vicente B. Aranas that he was instituted as a remunerative legatee per
mandate of the Last Will and Testament by way of usufructuary. Likewise
the right of the Roman Catholic Church as the other usufructuary legatee
for the duration of the statutory lifetime of a corporation, that is,
50 years from the date of the effectivity of said legacy, was also
established. 7
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