Uson v Del Rosario

No. L-4963, 29 Jan 1953

Bautista Angelo, J.

Nature: Appeal from the Judgment of CFI

FACTS:
An action for the recovery of the ownership and possession of 5 parcels of land in Pangasinan was filed by petitioner
Maria Uson against the defendants Maria del Rosario and her 4 children (all minors). Uson was the lawful wife of the
deceased Faustino Nebreda. When Faustino died in 1945, he left the lands involved without heirs other than Uson.

However, Uson claimed in her action that when Faustino died, the common-law wife (Maria) of the latter took
possession illegally of the subject lands. On their defense, defendants claimed that before Faustino died, Uson and
Faustino executed a public document agreeing to separate as husband and wife and in consideration for such, Uson
was given a parcel of land by way of alimony and in return she renounced her right to inherit any other property that
may be left by her husband.

RTC ruled in favor of Uson and ordered the defendants to restore to Uson the ownership and possession of the lands.
Hence, this petition.

ISSUE: WON the new civil code can be applied retroactively to give the illegitimate children of the deceased the status
and rights of natural children and are entitled to the successional rights which the law accords to the latter (Art.2253).

RULING: NO
The right of ownership of the lawful wife of a decedent who had died before the new Civil Code took effect became
vested in her upon his death, and this is so because of the imperative provision of the law which commands that the
rights of suc cession are transmitted from the moment of death (Art. 657, old Civil Code; Ilustre vs. Frondosa, 17 Phil.,
321). The new right recognized by the new Civil Code in favor of the illegitimate children of the deceased can not be
asserted to the impairment of the vested right of the lawful wife over the lands in dispute. While article 2253 of the new
Civil Code provides that rights which are declared for the first time shall have retroactive effect even though the event
which gave rise to them may have occurred under the former legislation, yet this is so only when the new rights do not
prejudice any vested or acquired right of the same origin.

Thus, said article provides that "if a right should be declared for the first time in this Code, it shall be effective at once,
even though the act or event which gives rise thereto may have been done or may have occurred under the prior
legislation, provided said new right does not prejudice or impair any vested or acquired right, of the same origin." As
already stated in the early part of this decision, the right of ownership of Maria Uson over the lands in question became
vested in 1945 upon the death of her late husband and this is so because of the imperative provision of the law which
commands that the rights to succession are transmitted from the moment of death. (Article 657, old Civil Code).

The new right recognized by the new Civil Code in favor of the illegitimate children of the deceased cannot, therefore,
be as serted to the impairment of the vested right of Maria Uson over the lands in dispute.

DISPOSITION: The decision appealed from is affirmed.

NOTES:
Although the lawful wife has expressly renounced her right to inherit any future property that her husband may acquire
and leave upon his death, such renunciation cannot be entertained for the simple reason that future inheritance cannot
be the subject of a contract nor can it be renounced (1 Manresa, 6th ed., 123; Osorio vs. Osorio, et al., 41 Phil., 531).
Assignments, if any, made by the deceased of real property for which there was no material consideration, should be
made in a public document and must be accepted either in the same document or in a separate one (Art. 633, old Civil
Code). Assignments or donations which lack this essential formality have no valid effect.

Faustino died in 1945 prior to the effectivity of the new Civil Code.