Mariano Alonso y de Mesa v. Vicente E. Reyes

Summary

This 1930 Supreme Court case involved a dispute over compensation for surrendering occupancy rights under a will. Felipa Alonso's will granted her brother Mariano the right to occupy house No. 30 during his lifetime. However, Mariano leased the property to another person before the estate sold it to a third party with his consent. When Mariano later claimed compensation for surrendering his occupancy right, both the trial court and Supreme Court denied his claim. The Court ruled that Mariano's right was merely one of use and habitation under Civil Code Article 525, which prohibits transfer or lease of such rights. By leasing the property and consenting to its sale while receiving his share of proceeds, Mariano had forfeited his occupancy rights and was not entitled to additional compensation.