Blas vs.

Santos
G.R. No. L-14070 March 29, 1961

MARIA GERVACIO BLAS, MANUEL GERVACIO BLAS, LEONCIO GERVACIO BLAS

and LOIDA GERVACIO BLAS, Plaintiffs-Appellants,

vs.

ROSALINA SANTOS, in her capacity as Special Administratrix of the Estate of the

deceased MAXIMA SANTOS VDA. DE BLAS, in Sp. Proc. No. 2524, Court of First
Instance of Rizal, defendants-appellants. MARTA GERVACIO BLAS and DR. JOSE
CHIVI, Defendants-Appellants.

LABRADOR, J.:

FACTS: This action was instituted by plaintiffs against the administration of the estate of
Maxima Santos, to secure a judicial declaration that one-half of the properties left by
Maxima Santos Vda. de Blas, the greater bulk of which are set forth and described in the
project of partition presented in the proceedings for the administration of the estate of the
deceased Simeon Blas, had been promised by the deceased Maxima Santos to be
delivered upon her death and in her will to the plaintiffs, and requesting that the said
properties so promised be adjudicated to the plaintiffs. The complaint also prays for actual
damages in the amount of P50,000. The alleged promise of the deceased Maxima Santos
is contained in a document executed by Maxima Santos on December 26, 1936 attached
to the complaint as Annex “H” and introduced at the trial as Exhibit “A”. The complaint
also alleges that the plaintiffs are entitled to inherit certain properties enumerated in
paragraph 3 thereof, situated in Malabon, Rizal and Obando, Bulacan, but which
properties have already been included in the inventory of the estate of the deceased
Simeon Blas and evidently partitioned and conveyed to his heirs in the proceedings for
the administration of his estate. Spouses Simeon Blas and Marta Cruz have three children
they also have grandchildren. One year after Marta Cruz died, Blas married Maxima
Santos but they don’t have children and the properties that he and his former wife
acquired during the first marriage were not liquidated. Simeon Blas executed a will
disposing half of his properties in favor of Maxima the other half for payment of debts,
Blas also named a few devisees and legatees therein. In lieu of this, Maxima executed a
document whereby she intimated that she understands the will of her husband; that she
promises that she’ll be giving, upon her death, one-half of the properties she’ll be
acquiring to the heirs and legatees named in the will of his husband; that she can select
or choose any of them depending upon the respect, service, and treatment accorded to
her by said heirs. On 1937 Simeon Blas died while Maxima died on 1956 and Rosalina
Santos became administrator of her estate. In the same year, Maria Gervacio Blas, child
of Simeon Blas in his first marriage, together with three other grandchildren of Simeon
Blas (heirs of Simeon Blas), learned that Maxima did not fulfill her promise as it was
learned that Maxima only disposed not even one-tenth of the properties she acquired
from Simeon Blas. The heirs are now contending that they did not partition Simeon Blas’
property precisely because Maxima promised that they’ll be receiving properties upon her
death.

ISSUE: Whether or not the heirs can acquire the properties that Maxima promised with
them.

HELD: Yes, they can acquire the properties that Maxima promised with them because it
was stated in Art. 1347 that “No contract may be entered into upon future inheritance
except in cases expressly authorized by law.”. In this case the contract was authorized
by law because the promised made by Maxima to their heirs before she died is a valid
reason and it should be enforceable upon her death and her heirs can now acquire the
succession of the properties in issue.