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    Estate Ramirez Vs Ramirez

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    EPZ RELA
    This case involves the partition of the estate of Jose Eugenio Ramirez, a Filipino national who died in Spain. His will provided a usufruct over real property in the Philippines to his companion Wanda de Wrobleski, an Austrian. Jorge and Roberto Ramirez, the deceased's grandnephews, contested the partition plan arguing that granting a usufruct to an alien violates the Philippine Constitution. The Court of Appeals upheld the usufruct, finding that while the Constitution prohibits aliens from acquiring land, a usufruct does not vest title to the land in the usufructuary.

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    Estate Ramirez Vs Ramirez

    Uploaded by

    EPZ RELA
    103 views1 page
    This case involves the partition of the estate of Jose Eugenio Ramirez, a Filipino national who died in Spain. His will provided a usufruct over real property in the Philippines to his companion Wanda de Wrobleski, an Austrian. Jorge and Roberto Ramirez, the deceased's grandnephews, contested the partition plan arguing that granting a usufruct to an alien violates the Philippine Constitution. The Court of Appeals upheld the usufruct, finding that while the Constitution prohibits aliens from acquiring land, a usufruct does not vest title to the land in the usufructuary.

    Original Title

    42. Estate ramirez vs ramirez

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    This case involves the partition of the estate of Jose Eugenio Ramirez, a Filipino national who died in Spain. His will provided a usufruct over real property in the Philippines to his companion Wanda de Wrobleski, an Austrian. Jorge and Roberto Ramirez, the deceased's grandnephews, contested the partition plan arguing that granting a usufruct to an alien violates the Philippine Constitution. The Court of Appeals upheld the usufruct, finding that while the Constitution prohibits aliens from acquiring land, a usufruct does not vest title to the land in the usufructuary.

    Copyright:

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

    Estate Ramirez Vs Ramirez

    Uploaded by

    EPZ RELA
    This case involves the partition of the estate of Jose Eugenio Ramirez, a Filipino national who died in Spain. His will provided a usufruct over real property in the Philippines to his companion Wanda de Wrobleski, an Austrian. Jorge and Roberto Ramirez, the deceased's grandnephews, contested the partition plan arguing that granting a usufruct to an alien violates the Philippine Constitution. The Court of Appeals upheld the usufruct, finding that while the Constitution prohibits aliens from acquiring land, a usufruct does not vest title to the land in the usufructuary.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    42. Estate of Ramirez vs.

    Ramirez (1982)

    FACTS:

    -Jose Eugenio Ramirez, a Filipino national, died in Spain on December 11, 1964, with only his widow
    Marcelle Demoron de Ramirez as compulsory heir. His will was admitted to probate by the CFI Manila.
    Maria Luisa Palacios was appointed administratrix of the estate.

    PETITIONER: RESPONDENT:
    -At issue is the manner of partitioning the testate -Jorge and Roberto opposed the project of partition
    estate of Ramirez among the principal on the grounds, one of which: (c) that the grant of
    beneficiaries, namely: his widow Marcelle, his two a usufruct over real property in the Philippines in
    grandnephews Roberto and Jorge Ramirez; and his favor of Wanda de Wrobleski, who is an alien,
    companion Wanda de Wrobleski. The widow violates Section 5, Article XIII of the Philippine
    Marcelle is a French who lives in Paris, while the Constitution.
    companion Wanda is an Austrian who lives in
    Spain. The testator also provided for substitutions.

    -The administratrix submitted a project of partition


    wherein the property of the deceased is to be
    divided into two parts. One part shall go to the
    widow "en pleno dominio" in satisfaction of her
    legitime; the other part or "free portion" shall go to
    Jorge and Roberto Ramirez "en nuda propriedad."
    Furthermore, one third (1/3) of the free portion is
    charged with the widow's usufruct and the
    remaining two-third (2/3) with a usufruct in favor
    of Wanda.

    LOWER COURT: The lower court approved the project of partition.

    CA: -

    ISSUE: W/N the usufruct is owned by Wanda who’s an alien


    Held: YES

    -Section 5, Art. XIII of the 1935 Constitution provides: Save in cases of hereditary succession, no private
    agricultural land shall be transferred or assigned except to individuals, corporations, or associations
    qualified to acquire or hold lands of the public domain in the Philippines."
    -The lower court upheld the validity of the usufruct given to Wanda on the ground that the Constitution
    covers not only succession by operation of law but also testamentary succession. We are of the opinion
    that the Constitutional provision which enables aliens to acquire private lands does not extend to
    testamentary succession for otherwise the prohibition will be for naught and meaningless. Any alien
    would be able to circumvent the prohibition by paying money to a Philippine landowner in exchange for a
    devise of a piece of land. This opinion notwithstanding, We uphold the usufruct in favor of Wanda
    because a usufruct, albeit a real right, does not vest title to the land in the usufructuary and it is the
    vesting of title to land in favor of aliens which is proscribed by the Constitution.

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