ERENETA vs.

BEZORE
G.R. No. L-29746

FACTS:
Emilio Camon was the lessee of hacienda Rosario. One half of the said hacienda
belonged to Bezore, et. al., while the other half belonged to Amparo and Alberta. Upon
the death of Camon, Concepcion Ereneta, his widow, filed a petition to grant her letters
of administration of the estate of the deceased Camon. The claimants Bezore, et. al.
filed a claim against the estate of Camon.
At the trial, three documents were submitted in evidence by the appellee. These are:
1. An Agreement to Sell, executed on January 11, 1961, whereby the claimants
agreed to sell their one half share in the hacienda to Amparo and Alberta.
2. A Release and Waiver of Claims, executed on January 12, 1961, whereby
Amparo and Alberta, released Camon from any and all claims that may have
accrued pertaining to the share in hacienda Rosario owned by the claimants. At
the same time, Amparo and Alberta waived in favor of Camon said rights accrued
or accruing.
3. A Deed of Sale, executed on August 4, 1961, whereby the claimants sold all their
rights, accrued or accruing, in their share in the hacienda in favor of Amparo and
Alberta.
ISSUE:
Whether or not the phrase “accrued or accruing” in the Deed of Sale with regard to the
claimants’ benefits, should be construed to exclude the sugar allotments and
allowances adherent to the hacienda.
RULING:
The Court ordered that the words “accrued or accruing” in the Deed of Sale are in fact
positive and categorical enough to include accrued allotments and allowances. At the
time when the waiver was made, Amparo and Alberta cannot waive accrued claims
belonging to the claimants because at the time of the execution of the waiver, the right
that Amparo and Alberta then had was a mere promise by the claimants to sell their
share in the hacienda. What was agreed to be sold in the future was different from what
was supposedly waived. The waiver was made in advance which is contrary to public
policy, in pursuant to Article 6 of the Civil Code of the Philippines. Nonetheless,
whatever defect there was in the waiver was subsequently cured by the Deed of Sale
that was executed on August 4, 1961 by virtue of which the claimants sold not only their
share in the hacienda but also their accrued claims therein. Therefore, all benefits
accrued and accruing to the claimants before August 4, 1961 were included in the sale.