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MARIA USON vs. MARIA DEL ROSARIO, NEBREDAs RULING: No.
G.R. No. L-4963 | 1953-01-29 When Faustino died, the five parcels of land he was
seized of at the time passed from the moment of his
FACTS:
death to his only heir, his widow Maria Uson (Article
Maria Uson was the lawful wife of Faustino Nebreda
657, old Civil Code).
who upon his death in 1945 left the lands involved in
this litigation. The property belongs to the heirs at the moment of the
death of the ancestor as completely as if the ancestor
Faustino Nebreda died in 1945 much prior to the
had executed and delivered to them a deed for the
effectivity of the new Civil Code.
same before his death. (Ilustre vs. Alaras Frondosa, 17
Faustino Nebreda left no other heir except his widow Phil., 321).
Maria Uson.
From that moment, the rights of inheritance of Maria
Maria del Rosario was merely a common-law wife of the Uson over the lands in question became vested. 
late Faustino Nebreda with whom she had four
The claim of the defendants that Maria Uson had
illegitimate children, her now co-defendants.
relinquished her right over the lands in question
However, plaintiff claims that when Faustino Nebreda because she expressly renounced to inherit any future
died in 1945, his common- law wife Maria del Rosario property that her husband may acquire and leave upon
took possession illegally of said lands thus depriving her his death in the deed of separation they had entered
of their possession and enjoyment.  into on February 21, 1931, cannot be entertained for
the simple reason that future inheritance cannot be the
Defendants set up as special defense that on February
subject of a contract nor can it be renounced (1
21, 1931, Maria Uson and Faustino executed a public
Manresa, 123, sixth edition; Tolentino on Civil Code, p.
document whereby they agreed to separate as husband
12; Osorio vs. Osorio and Ynchausti Steamship Co., 41
and wife and, in consideration of their separation, Maria
Phil., 531). 
Uson was given a parcel of land by way of alimony and
in return she renounced her right to inherit any other Article 2253 provides indeed that "if a right should be
property that may be left by her husband upon his declared for the first time in this Code, it shall be
death.  effective at once, even though the act or event which
gives rise thereto may have been done or may have
The court rendered decision ordering the defendants to
occurred under the prior legislation, provided said new
restore to the plaintiff the ownership and possession of
right does not prejudice or impair any vested or acquired
the lands in dispute.
right, of the same origin."
Defendants appeal.
The right of ownership of Maria Uson over the lands in
Defendants contend that, while it is true that the four question became vested in 1945 upon the death of her
minor defendants are illegitimate children of the late late husband and this is so because of the imperative
Faustino Nebreda and under the old Civil Code are not provision of the law which commands that the rights to
entitled to any successional rights, succession are transmitted from the moment of death
(Article 657, old Civil Code).
 however, under the new Civil Code which
became in force in June, 1950, they are given the As regards the claim that Maria Uson, while her
status and rights of natural children and are entitled deceased husband was lying in state, in a gesture of pity
to the successional rights which the law accords to or compassion, agreed to assign the lands in question to
the latter (Article 2264 and article 287, new Civil the minor children for the reason that they were
Code), and acquired while the deceased was living with their
 because these successional rights were mother and Maria Uson wanted to assuage somewhat
declared for the first time in the new code, they the wrong she has done to them, this much can be said;
shall be given retroactive effect even though the that said assignment, if any, partakes of the nature of a
event which gave rise to them may have occurred donation of real property, inasmuch as it involves no
under the prior legislation (Article 2253, new Civil material consideration, and in order that it may be valid
Code). it shall be made in a public document and must be
accepted either in the same document or in a separate
ISSUE:
one (Article 633, old Civil Code).
Whether the new right recognized by the new Civil Code
Inasmuch as this essential formality has not been
in favor of the illegitimate children of the deceased can
followed, it results that the alleged assignment or
be asserted to the impairment of the vested right of
donation has no valid effect.
Maria Uson over the lands in dispute. 

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