Resurreccion v. Javier
No. 42539, October 23, 1936
On October 18, 1932, Felisa Francisco Javier made a will leaving a legacy of
₱2,000 in favor of her brother Gil Francisco Javier. She she then died and her will was
probated. The probate court having found that Gil died before the testatrix made her
will, ordered that the legacy of ₱2,000 revert to the fund of the estate.
Gil Francisco’s children claims that they are entitled to receive the legacy for their
father.
ISSUE: Whether or not the heirs can claim the legacy left for their father.
No. The court ruled that when Gil was instituted as a legatee by the testatrix, he
lacked civil personality, which is extinguished by his death, and consequently he had no
capacity to inherit by will on the ground that he could not be the subject of a right (Art.
32, Civil Code). Therefore, his institution as a legatee had absolutely no legal effect.
The Supreme Court further ruled that the heirs cannot even claim under the
principle of representation because this takes place only in intestate inheritance. As the
legatee died before the testatrix, he could transmit nothing to his heirs (Art. 766, Civil
Code)
The court did not buy the contention of the heirs that the intention of testatrix was
to leave the the legacy to the heirs of Gil because there was no sufficient evidence that
shows that the testatrix knew of the death of her brother and that her borther had left
children. It cannot be explained why she left the legacy o Gil and not to his children if so
was her intention.
The appealed judgment was affirmed.
