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The Property Belongs To The Heirs at The Moment of The Death of The Ancestor As Completely As If The Ancestor Had Executed and Delivered To Them A Deed For The Same Before His Death

Maria del Rosario had four illegitimate children with the deceased Faustino Nebreda prior to his death in 1945. At the time of his death, Faustino owned five parcels of land, which passed to his only heir, his common-law wife Maria Uson, according to the law at that time. Maria Uson's rights to the inheritance vested fully at the moment of Faustino's death. The court rejected the claim that Maria Uson had relinquished her rights in a previous separation agreement, as future inheritance rights cannot be renounced by contract. Applying retroactively the provisions of the new Civil Code would impair Maria Uson's vested inheritance rights.

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50 views1 page

The Property Belongs To The Heirs at The Moment of The Death of The Ancestor As Completely As If The Ancestor Had Executed and Delivered To Them A Deed For The Same Before His Death

Maria del Rosario had four illegitimate children with the deceased Faustino Nebreda prior to his death in 1945. At the time of his death, Faustino owned five parcels of land, which passed to his only heir, his common-law wife Maria Uson, according to the law at that time. Maria Uson's rights to the inheritance vested fully at the moment of Faustino's death. The court rejected the claim that Maria Uson had relinquished her rights in a previous separation agreement, as future inheritance rights cannot be renounced by contract. Applying retroactively the provisions of the new Civil Code would impair Maria Uson's vested inheritance rights.

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Mika
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© © All Rights Reserved
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here is likewise no dispute that Maria del Rosario, was merely a common-law wife with whom she had

four
illegitimate children with the deceased. It likewise appears that Faustino Nebreda died in 1945 much prior
to the effectivity of the new Civil Code. With this background, it is evident that when Faustino Nebreda died
in 1945 the five parcels of land he was seized of at the time passed from the moment of his death to his
only heir, his widow Maria Uson (Art 777 NCC).
As this Court aptly said, The property belongs to the heirs at the moment of the death of the ancestor as
completely as if the ancestor had executed and delivered to them a deed for the same before his death.
From that moment, therefore, the rights of inheritance of Maria Uson over the lands in question became
vested.

The claim of the defendants that Maria Uson had relinquished her right over the lands in question because
she expressly renounced to inherit any future property that her husband may acquire and leave upon his
death in the deed of separation, cannot be entertained for the simple reason that future inheritance cannot
be the subject of a contract nor can it be renounced.

2. No. The provisions of the NCC shall be given retroactive effect even though the event which gave rise to
them may have occurred under the prior legislation only if no vested rights are impaired.
Hence, since the right of ownership of Maria Uson over the lands in question became vested in 1945 upon
the death of her late husband, the new right recognized by the new Civil Code in favor of the illegitimate
children of the deceased cannot, therefore, be asserted to the impairment of the vested right of Maria
Uson over the lands in dispute.

Borja v. Borja, 46 SCRA 577

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