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Atty. Ferrer vs. Spouses Diaz

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The document discusses a case involving a loan secured by real estate between Atty. Ferrer and the Spouses Diaz. Their daughter, Comandante, had previously signed a document waiving her hereditary rights to a property in favor of Atty. Ferrer. However, the Diaz' failed to pay back the loan. The main issue is whether Comandante's waiver of her future inheritance from her parents is valid. The court held that the waiver is not valid under Article 1347 of the Civil Code, as contracts involving future inheritances that have not been opened are prohibited, which was the situation in this case.

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Atty. Ferrer vs. Spouses Diaz

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Anonymous XsaqDYD
285 views1 page
The document discusses a case involving a loan secured by real estate between Atty. Ferrer and the Spouses Diaz. Their daughter, Comandante, had previously signed a document waiving her hereditary rights to a property in favor of Atty. Ferrer. However, the Diaz' failed to pay back the loan. The main issue is whether Comandante's waiver of her future inheritance from her parents is valid. The court held that the waiver is not valid under Article 1347 of the Civil Code, as contracts involving future inheritances that have not been opened are prohibited, which was the situation in this case.

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The document discusses a case involving a loan secured by real estate between Atty. Ferrer and the Spouses Diaz. Their daughter, Comandante, had previously signed a document waiving her hereditary rights to a property in favor of Atty. Ferrer. However, the Diaz' failed to pay back the loan. The main issue is whether Comandante's waiver of her future inheritance from her parents is valid. The court held that the waiver is not valid under Article 1347 of the Civil Code, as contracts involving future inheritances that have not been opened are prohibited, which was the situation in this case.

Copyright:

© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
285 views1 page

Atty. Ferrer vs. Spouses Diaz

Uploaded by

Anonymous XsaqDYD
The document discusses a case involving a loan secured by real estate between Atty. Ferrer and the Spouses Diaz. Their daughter, Comandante, had previously signed a document waiving her hereditary rights to a property in favor of Atty. Ferrer. However, the Diaz' failed to pay back the loan. The main issue is whether Comandante's waiver of her future inheritance from her parents is valid. The court held that the waiver is not valid under Article 1347 of the Civil Code, as contracts involving future inheritances that have not been opened are prohibited, which was the situation in this case.

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© All Rights Reserved
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Atty. Ferrer vs. Spouses Diaz by law.

For the inheritance to be considered “future”, the


GR No. 165300 | April 23, 2010 | Quintos succession must not have been opened at the time of the
contract. A contract may be classified as a contract upon
Topic: future inheritance, prohibited under the second paragraph
of Article 1347, where the following requisites concur:
FACTS: (1)That the succession has not yet been opened; 2) That
the object of the contract forms part of the inheritance;
Comandante, daughter of spouses Diaz’s represented and (3) That the promissor has, with respect to the
the latter to obtain a loan to Ferrer. The loan was secured object, an expectancy of a right which is purely hereditary
by a Real Estate Mortgage Contract. Petitioner claims in nature. In this case, there is no question that at the
that prior to said loan, Comandante executed an time of execution of Comandante’s Waiver of Hereditary
instrument in his favor entitled Waiver of Hereditary Rights and Interest over a Real Property (Still Undivided),
Rights and Interests Over a Real Property (Still succession to either of her parent’s properties has not yet
Undivided). The Diaz’, however, reneged on their been opened since both of them are still living. With
obligation as the checks issued by Comandante were respect to the other two requisites, both are likewise
dishonored upon presentment. Despite repeated present considering that the property subject matter of
demands, the respondents failed to settle the loan. Thus, Comandante’s waiver concededly forms part of the
petitioner filed a Complaint for Collection of Sum of properties that she expect to inherit from her parents
Money Secured by Real Estate Mortgage Contract upon their death and, such expectancy of a right, as
against the Diaz’ and Comandante. shown by the facts, is undoubtedly purely hereditary in
nature. From the foregoing, it is clear that Comandante
and petitioner entered into a contract involving the
ISSUE: former’s future inheritance as embodied in the Waiver of
Hereditary Rights and Interest Over a Real Property (Still
Whether or not waiver of hereditary rights in favor of Undivided) executed by her in petitioner’s favor.
another by an heir for a future inheritance valid?

HELD:

No the waiver is not valid. Article 1347 of the Civil Code


provides that no contract may be entered into upon a
future inheritance except in cases expressly authorized

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