81 Lesaca vs Lesaca

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  11/16/2018 CentralBooks:Reader 1/8 [No. L-3605. April 21, 1952]TESTATE ESTATE OF THE LATE BALDOMERO J. LESACA, CONSUELO F.LESACA AND JUANA F. LESACA, executrices and appellants, vs.  JUANAFELIX VDA. DE LESACA, claimant and appellee. DESCENT AND DISTRIBUTION; LEGITIMATECHILDREN; COLLATION; SUPPORT TO LEGITIMATE CHILDRENPENDING LIQUIDATION OF ESTATE.—The allowances for support to thelegitimate minor children of the deceased pending liquidation of his estate aresubject to collation and deductible from their share of the inheritance in so far asthey exceed what they are entitled to as fruits or income, in view of Art. 1430 of the Civil Code of 1889 (Art. 188, New Civil Code).ID.; ID.; ID.; SUPPORT; DONATION; ALLOWANCES TO HEIRS AND TODONEES.—Article 1041 of the Civil Code is found under section on Collation, which refers only to property or rights received by donation or gratuitous titleduring the lifetime of the decedent, and is based on the philosophy that suchdonations in no way impoverish the donor or enrich the donees since ordinarilythey are not taken from the capital but rather from the fruits thereof which wouldanyway have been consumed or spent during the life of the donor and thereforewould form no part of his inheritance. But allowances given to the heirs pendingthe liquidation of the estate of the decedent stand on a different footing.HUSBAND AND WlFE; CONJUGAL PROPERTY;MONEY REPAID AFTER MARRIAGE.—If the money paid by the deceased was his own exclusively, themere fact that it was returned or repaid after marriage cannot convert it intoconjugal property. It is true that under Article 1401 of the Civil Code of 1889 property obtained by the industry, wages or work of the spouses or of either of them belongs to the conjugal partnership. But the article refers to propertyobtained during the marriage.ID.; ID.; MARRIAGE; PROPERTIES ACQUIRED BY PERSONS LIVINGMARITALLY BUT NOT LEGALLY MARRIED.—Although there is no 136 136PHILIPPINE  11/16/2018 CentralBooks:Reader 2/8 5. REPORTSANNOTATED  Lesaca vs. Lesaca technical marital partnership between persons living maritally without beinglawfully married, nevertheless there is between them an informal civil partnership-which would entitle the parties to an equal interest in property acquired by their  joint efforts. Where there is no showing that the property was earned by the jointefforts of the two the property must be deemed to have been the property of the party who acquired it.ID.; ID.; STANDING CROP PLANTED DURING COVERTURE ANDHARVESTED AFTER DEATH OF HUSBAND.—A standing crop of palay planted during the coverture, and harvested after the death of one of the consorts,constitutes fruits and income within the purview of Art. 1401 of the Civil Codeand, therefore, should be considered conjugal property. It is immaterial that the palay was actually received after the dissolution of the marriage through the deathof one of the spouses. It is the date of accrual that is important. APPEAL from three orders of the Court of First Instance of Manila. Pecson,  J. The facts are stated in the opinion of the Court.  Mariano H. de Joya  and  Jose V. Lesaca  for executricesappellants.  Marcelino Lontok   for minors-appellants.REYES,  J.: There are three appeals registered in this case, all of which have been certified tothis Court by the Court of Appeals for the reason that, in its opinion and asadmitted by the parties, they involve only questions of law. Those questions areformulated in the certification of the Court of Appeals as follows: 1. Whether money received after marriage, as purchase price of land sold aretrovendendo before such marriage to one of the consorts, constitutes conjugal property or not; 2. Whether allowances for support granted by the court to the minor heirsshould or should not be subject to collation and deducted from their respectivehereditary portions; and 137 VOL. 91, APRIL 21,1952137  Lesaca vs. Lesaca  11/16/2018 CentralBooks:Reader 3/8 3. Whether a standing crop of palay planted during coverture, and harvested after the death of one of the consorts, constitutes fruits and income within the purviewof Article 1401 of the Civil Code, and one-half of such crop should be delivered tothe surviving spouse.  Appeal No. 1 Baldomero J. Lesaca died in the City of Manila on November 8, 1946. He wassurvived by his second wife (Juana Felix), two minor children by the latter, twochildren by his first marriage, and three acknowledged natural children by a thirdwoman. In his will he named Juana F. Lesaca and Consuelo F. Lesaca, his children by his first marriage, co-executrices.Proceedings for the probate of the will and for the administration of the estateof the deceased having been instituted in the Court of First Instance of Manila,that court, at the instance of the widow but over the opposition of the co-executrices and the three acknowledged natural children, granted each of the twominor children a monthly allowance of P100 for living expenses, plus an extrasum of P300 for their matriculation and uniforms, and later ordered the co-executrices to deposit in court all the allowances in arrears. The co-executricesrefused to make the deposit, contending that if any amount were to be paid for thesupport and education of the minors the same should be charged against their share of the inheritance. But the court took a different view and issued an order,dated March 11, 1949, holding that the amounts it had authorized to be paid to theminors should be considered allowances for support, to be deducted from their hereditary portion only in so far as they exceed what they are entitled to as fruitsor income, and requiring the co-executrices to deposit in court all the amountsdue the said minors, namely P2,955.83, if and when the financial condition of theestate under administration so warrants. This is the order involved in the firstappeal, 138 138PHILIPPINEREPORTSANNOTATED  Lesaca vs. Lesaca and the question presented is whether the allowances for support granted by thecourt to the legitimate minor children of the deceased pending liquidation of hisestate are subject to collation and deductible from their share of the inheritance.Obviously, the answer should be the affirmative in view of Article 1430 of theCivil Code of 1889 (re-enacted as Article 188 of the new Civil Code) which provides that the surviving spouse and his or her children shall be given anallowance for their support out of the general estate, pending the liquidation of theinventoried estate, and until their share has been delivered to them, but it shall be  11/16/2018 CentralBooks:Reader 4/8 deducted from their portion in so far as it exceeds what they may have beenentitled to as fruits or income. Counsel for the appellant minors, however, contends that Art. 1430 should beharmonized .with Art 1041, which provides that allowances for support,education, attendance in illness, even though unusually expensive, apprenticeship,ordinary equipment, or customary presents are not subject to collation, becausethe allowances mentioned in the latter article refer to no other than the allowancesfor support given to the children of a deceased person. This contention is withoutmerit. Article 1041 is found under the section on Collation, which refers only to property or rights received by donation or gratuitous title during the lifetime of the decedent. (Civil Law by Padilla, Vol. I, p. 1125), and is based on the philosophy that such donations in no way impoverish the donor or enrich thedonee since ordinarily they are not taken from the capital but rather from the fruitsthereof which would anyway have been consumed or spent during the life of thedonor and therefore would form no part of his inheritance. (7 Manresa, 5th ed., p.625.) But allowances given to the heirs pending the liquidation of the estate of thedecedent stand on a different footing. As Manresa observes: 139 VOL. 91, APRIL 21,1952139  Lesaca vs. Lesaca Después de la muerte del causante todo varía: los frutos del capital se agregarían a éste,formando parte del mismo, y por esto se deben a la herencia, ya provengan de las cosasdonadas sujetas a colación, o de derechos de disfrute, ya constituyesen el objeto mismo dela liberalidad, como en caso de renta o pension, cesión de productos o frutos, perdón deintereses, etc. (7 Manresa, 5th ed. p. 576.)  Appeal No. 2 This appeal is taken by the co-executrices from another order of March 11, 1949,declaring that the sum of P2,500 received by them as repurchase price of land bought by the deceased before the marriage is conjugal property and directing thatone-half of said sum be paid to the widow.It appears that the deceased and his widow, Juana Felix, had lived together maritally since 1924 but were not married until December 18, 1945; that is, lessthan a year before his death'; that in 1930 Ramon Garcia conveyed to the deceasedthree parcels of land for P2,500 under a  pacto de retro  sale; and that on September 25, 1947 the co-executrices, with the approval of the court, reconveyed the said parcels of land to Ramon Garcia for the same sum of P2,500. Claiming that thissum was conjugal property the widow petitioned the court to order the co-executrices to give her one-half thereof. The coexecutrices opposed the petition,claiming that the money paid to Ramon Garcia for the land in question came from


Mar 14, 2019


Mar 14, 2019
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