Vitug v.

CA, 183 SCRA 755 | JEN SUCCESSION REVIEWER

FACTS: Romarico Vitug and Nenita Alonte were co-administrators of Dolores Vitugs (deceased) estate
Rowena Corona was t!e e"ecutri" Romarico# t!e deceaseds !us$and# filed a motion wit! t!e %ro$ate
court as&ing for aut!orit' to sell certain s!ares of stoc& and real %ro%erties $elonging to t!e estate to co(er
alleged ad(ances to t!e estate# w!ic! !e claimed as %ersonal funds T!e ad(ances were used to %a'
estate ta"es
Corona o%%osed t!e motion on ground t!at t!e ad(ances came from a sa(ings account w!ic! formed %art
of t!e con)ugal %artners!i% %ro%erties and is %art of t!e estate T!us# t!ere was no ground for
reim$ursement Romarico claims t!at t!e funds are !is e"clusi(e %ro%ert'# !a(ing $een ac*uired t!roug! a
sur(i(ors!i% agreement e"ecuted wit! !is late wife and t!e $an&
T!e agreement stated t!at after t!e deat! of eit!er one of t!e s%ouses# t!e sa(ings account s!all $elong to
and $e t!e sole %ro%ert' of t!e sur(i(or# and s!all $e %a'a$le to and collecti$le or wit!drawa$le $' suc!
sur(i(or
T!e lower court u%!eld t!e (alidit' of t!e agreement and granted t!e motion to sell CA re(ersed stating
t!at t!e sur(i(ors!i% agreement constitutes a con(e'ance mortis causa w!ic! did not com%l' wit! t!e
formalities of a (alid will Assuming t!at it was a donation inter (i(os# it is a %ro!i$ited donation (donation
$etween s%ouses)
+SS,-: ./N t!e sur(i(ors!i% agreement was (alid
0-1D: 2-S T!e con(e'ance is not mortis causa# w!ic! s!ould $e em$odied in a will A will is a %ersonal#
solemn# re(oca$le and free act $' w!ic! a ca%acitated %erson dis%oses of !is %ro%ert' and rig!ts and
declares or com%lies wit! duties to ta&e effect after !is deat! T!e $e*uest or de(ise must %ertain to t!e
testator
+n t!is case# t!e sa(ings account in(ol(ed was in t!e nature of con)ugal funds Since it was not s!own t!at
t!e funds $elonged e"clusi(el' to one %art'# it is %resumed to $e con)ugal
+t is also not a donation inter (i(os $ecause it was to ta&e effect after t!e deat! of one %art' +t is also not a
donation $etween s%ouses $ecause it in(ol(ed no con(e'ance of a s%ouses own %ro%erties to t!e ot!er
+t was an error to include t!e sa(ings account in t!e in(entor' of t!e deceaseds assets $ecause it is t!e
se%arate %ro%ert' of Romarico
T!us# Romarico !ad t!e rig!t to claim reim$ursement
A will is a %ersonal# solemn# re(oca$le and free act $' w!ic! a ca%acitated %erson dis%oses of !is %ro%ert'
and rig!ts and declares or com%lies wit! duties to ta&e effect after !is deat!
Sur(i(ors!i% agreements are %ermitted $' t!e NCC 0owe(er# its o%eration or effect must not $e (iolati(e
of t!e law (ie used as a cloa& to !ide an inofficious donation or to transfer %ro%ert' in fraud of creditors or
to defeat t!e legitime of a forced !eir)