Petitioner
Romarico G. Vitug
Respondent
The Honorable Court of Appeals
Citation
G.R. No. 82027
Court
Supreme Court
Division
Second Division
Ponente
Sarmiento, J.
Decided
March 29, 1990

Summary

This Supreme Court case involves a survivorship agreement between spouses regarding a joint bank account. When Dolores Vitug died, her surviving spouse Romarico claimed the entire account under their 1970 survivorship agreement and sought reimbursement from the estate for taxes he paid using these funds. The Court of Appeals ruled the agreement invalid as either an improper will or prohibited spousal donation. The Supreme Court reversed, holding the agreement was a valid aleatory contract under Civil Code Article 2010. The Court distinguished this from mortis causa conveyances and prohibited donations, finding it was merely a contractual arrangement for conjugal funds with performance conditioned on the uncertain event of death. The surviving spouse's rights to the account were upheld as valid and separate from the deceased's estate.

Statutes applied

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By Intellegal Editorial Board · March 29, 1990

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