Petitioner
Emilio Natividad
Respondent
Basilia Gabino
Citation
G.R. No. 11386
Court
Supreme Court En Banc
Division
En Banc
Ponente
Torres, J.
Decided
March 31, 1917

Summary

This Supreme Court case involved interpretation of clause 6 of testator Tiburcio Salvador y Reyes' will, which bequeathed 'ownership and dominion' of specified property to Basilia Gabino with a condition that upon her death, the property would pass to heir Emilio Natividad upon payment of P4,000 to Lorenzo Salvador. The executor proposed treating this as mere usufruct, but Gabino claimed full ownership. The Court of First Instance awarded ownership to Gabino. On appeal, the Supreme Court En Banc affirmed, emphasizing the plain meaning of the testator's words and the principle that the testator's will is law. The Court distinguished between ownership (which was granted) and restrictions on post-death disposition, holding the conditional arrangement was legally valid under Civil Code provisions governing testamentary conditions.

Statutes applied

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By the Intellegal Editorial Board · March 31, 1917

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