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    1 Vda de Kilayco

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    David Tan
    1. Maria Lizares executed a will leaving her properties to her niece, Eustaquia Lizares. After Maria died, Eustaquia was appointed executrix of the estate. 2. Eustaquia subsequently died without issue. Her estate was left to Rodolfo and Amelo Lizares as joint administrators. 3. The heirs of Maria claimed that paragraphs 10 and 11 of Maria's will established a fideicommissary substitution, meaning the properties were intended to pass to them after Eustaquia. 4. However, the Court found that the will did not clearly obligate Eustaquia to preserve the estate for the heirs of Maria. As such, there

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    1 Vda de Kilayco

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    David Tan
    66 views2 pages
    1. Maria Lizares executed a will leaving her properties to her niece, Eustaquia Lizares. After Maria died, Eustaquia was appointed executrix of the estate. 2. Eustaquia subsequently died without issue. Her estate was left to Rodolfo and Amelo Lizares as joint administrators. 3. The heirs of Maria claimed that paragraphs 10 and 11 of Maria's will established a fideicommissary substitution, meaning the properties were intended to pass to them after Eustaquia. 4. However, the Court found that the will did not clearly obligate Eustaquia to preserve the estate for the heirs of Maria. As such, there

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    1. Maria Lizares executed a will leaving her properties to her niece, Eustaquia Lizares. After Maria died, Eustaquia was appointed executrix of the estate. 2. Eustaquia subsequently died without issue. Her estate was left to Rodolfo and Amelo Lizares as joint administrators. 3. The heirs of Maria claimed that paragraphs 10 and 11 of Maria's will established a fideicommissary substitution, meaning the properties were intended to pass to them after Eustaquia. 4. However, the Court found that the will did not clearly obligate Eustaquia to preserve the estate for the heirs of Maria. As such, there

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    Download as docx, pdf, or txt
    66 views2 pages

    1 Vda de Kilayco

    Uploaded by

    David Tan
    1. Maria Lizares executed a will leaving her properties to her niece, Eustaquia Lizares. After Maria died, Eustaquia was appointed executrix of the estate. 2. Eustaquia subsequently died without issue. Her estate was left to Rodolfo and Amelo Lizares as joint administrators. 3. The heirs of Maria claimed that paragraphs 10 and 11 of Maria's will established a fideicommissary substitution, meaning the properties were intended to pass to them after Eustaquia. 4. However, the Court found that the will did not clearly obligate Eustaquia to preserve the estate for the heirs of Maria. As such, there

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    of 2

    1. Vda. De Kilayko v. Hon.

    Judge Tencgo declared heirs to properties of L1 in the estate of L2(The


    2. Rodolfo Lizares and Amelo Lizares v. Tengco, Vda properties which were adjudicated to L2, refer to #4)
    De Kilayko et. al 7. Motion was denied.MFR denied.
    8. Heirs of L1 filed a complaint for Recovery of Ownership
    and Possession of Real Property against the Joint
    Administrators of the Estate of L2. They also filed a
    notice of lis pendens with the RD.
    G.R 45425 | March 27,1992 9. Joint Administrators filed an MTD.
    Romero, J 10. Judge Tengco cancelled the Notice of Lis Pendens and
    held in abeyance the MTD
    Doctrine 11. Hence this by the Joint Administrators of L2s Estate
    Facts arguing among others that what was intended by
    Paragraph 10 and 11 of the will was a Fideicommisary
    1. Maria Lizares (L1)executed a will. She subsequently Substitution which was invalid
    died without any issue living the will in the custody of
    her Niece, Eustaquia Lizares (L2) Issue: W/N Paragraph 10 and 11 of the will intended a
    2. The will was allowed probate and L2 was appointed Fideicommisary substitution
    executrix. She filed a project for Partition wherein the Held: No.
    properties assigned to the heirs, devises, legatees and
    usufructuaries were adjudicated to them. Analysis:
    3. The testate proceedings for L1 was closed 1. Requisites for A Fideicommisary Substitution
    4. L2 filed a motion to re-open the testate proceedings a. There must be a first heir or fiduciary.
    because there were properties that were omitted from the
    b. Absolute obligation is imposed upon the
    partition and that these properties be adjudicated to the
    fiduciary to preserve and transmit to a second
    which was granted. heir the property at a given time.
    5. L2 died without any issue. Rodolfo Lizares and Amelo c. There must be a second heir who must be 1
    Lizares were appointed Joint Estate of L2s estate. degree from the first heir.
    6. The Heirs of L1, on the strength of Paragraph 10 and 11 d. 1st and 2nd heir must be living and qualified when
    of the will which was in the nature of simple substitution, the testator dies.
    filed a motion to re-open the proceedings so that they be
    2. Paragraph 10 and 11 did not impose a clear obligation
    on L2 to preserve the estate in favor of Vda. De Kilayco.
    Hence there is no Fideicommisary Substitution.
    Notes:
    1. The will is in Spanish so its difficult to interpret the
    provisions of paragraph 10 and 11.
    2. The Court also said that the argument of Vda de Kilayco
    that the said paragraphs imply a simple substitution is not
    valid as this kind of substitution only takes place if the
    first heir predeceased the testator and in this case, L2
    outlived L1

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