Vda. De Villanueva vs.

Juico
GR. No. L-15737, February 28, 1962

Doctrine: The intention and wishes of the testator, when clearly expressed in his will, constitute the fixed law of
interpretation, and all questions raised at the trial, relative to its execution and fulfillment, must be settled in
accordance therewith, following the plain and literal meaning of the testator’s words, unless it clearly appears that
his intention was otherwise.
Recit-Ready Summary:
Don Nicolas Villaflor left in his will that when he dies, his wife, Dona Fausta Nepomuceno and his brother,
would have half each to his properties. His will the 6th and 7th clauses that stated that Dona Fausta Nepomucena
would be able to possess certain properties while she was alive and if she did not remarry and an 8 th clause which
states that the properties would go to his grand-niece, Leonor Villaflor. When Dona Fausta Nepomucena died,
Villaflor tried to claim these properties. The trial court ruled that the properties were now owned by Dona Fausta.
The issue is whether or not Villaflor inherits the properties. The Supreme Court held that a plain reading of Don
Villaflor’s will would show that he never intended his widow to have ownership over the properties by using the
words “use and possession while alive”. The intention and wishes of the testator, when clearly expressed in his
will, constitute the fixed law of interpretation, and all questions raised at the trial, must be settled in accordance
by following the plain and literal meaning of the testator’s words, unless it clearly appears that his intention was
otherwise.
Facts:

 On October 9, 1908, Don Nicolas Villaflor, a wealthy man of Castillejos, Zambales, executed a will in
Spanish in his own handwriting, devising and bequeathing in favor of his wife, Dona Fausta
Nepomuceno, one-half of all his real and personal properties, giving the other half to his brother Don
Fausto Villaflor
o The 6th and 7th clause provide for how the properties will be divided (ty google translate)
 "SIXTH: —By virtue of the faculties that the laws grant me, I institute per my only and,
universal is heir or all my rights and action is s My sister D. Fausto flor and, to my wife
Da. Fa usta Nepomu dined for that all my assets that belong to me, in equal parts, for
after my death, except donations and, bequeath, below my spontaneous will, I do it in the
following way:
 SEVENTH: —Lego for the death of my wife Da. Fausta Nepomuceno, in proof of my
love and, affection, goods, jewels and, furniture is That the action will continue
 EIGHTH: —That these legacies my referred wife Da would enjoy. Fausta Nepomuceno
its use and, possession while and, do not fall as soon as nup cia as, from the counter,
owning these legacies of my great-niece Leonor Villaflor. "
 The 12 clause in the will provides that the 6th and 7th clause will be annulled the moment he bore any
th

child with Dona Nepomuceno

 Don Nicolas Villaflor died without having children with his wife
o Dona Nepomuceno instituted Special Proceeding in CFI Zambales for the settlement of her
husband’s estate
o She was appointed judicial administratrix and she submitted a project of partition which was
approved by the probate court
o She got the properties mentioned and referred to in the 7 th clause of the will
  Dona Fausta Nepomuceno died without a second marriage and without a child. Her estate is being settled
in a special proceeding with Delfin Juico as the duly appointed and qualified judicial administrator
 Leonor Villaflor vda. De Villanueva admitted to be the same Leonor Villaflor mentioned by Don Nicolas
Villaflor in his will as his “sobrina nieta Leonor Villaflor”
o Contends that upon Dona Nepomuceno’s death, she was vested with the ownership of the real
and personal properties bequeathed by Don Villaflor to clause 7 of his will, pursuant to the 8 th
clause
 Trial court ruled in favor of Juico and decided that the properties became absolutely vested in her upon
her death on account of the fact that she never remarried
Issue:
1. W/N Villaflor has inherits to the properties from Don Villaflor’s will? - YES
Held:
1. She inherits the properties
 The plain desire and intent of the testator in clause 8 was to invest his widow with only a usufruct or life
tenure in the properties described in the 7th clause, subject to further condition that if the widow
remarried, her rights would cease, even during her won lifetime
 That the widow was meant to have no more life interest in those properties, even if she did not remarry at
all
o Evident from the expressions used by Don Villaflor
 “uso y, posesi mientras viva” = use and possession while alive
 Don Villaflor did not give his widow full ownership of these particular properties, but only the right to
their possession and use (or enjoyment) during her lifetime
o In contrast with the remainder of the estate in which she was instituted universal heir together
with the testator’s brother (clause 6)
 The trial court disregarded the clause in the testament in the event that the widow remarried in holding
that Leonor Villaflor could succeed the properties by discarding the expression “mientras viva” and
considered the words “uso y, poseson” as equivalent to ownership
o The trial court violated Art. 791 of the Civil Code of the Philippines and Sec 59 of Rule 123 of
the Rules of Court
 "ART. 791. The words of a will are to receive an interpretation which will give to every
expression some effect, rather than one which will render any of the expressions
inoperative; and of two modes of interpreting a will, that one is to be preferred which will
prevent intestacy."
o Speculation as to the motives of the testator in imposing the conditions contained in clause 7 of
his testament should not be allowed to obscure the clear and unambiguous meaning in his plain
words
o In re Estate of Calderon: the intention and wishes of the testator, when clearly expressed in his
will, constitute the fixed law of interpretation, and all questions raised at the trial, relative to
fulfillment, must be settled in accordance therewith, following the plain and literal meaning of the
testator’s words, unless it clearly appears that his intention was otherwise
 CAB: the testament of Don Villaflor clearly and unmistakably provided that his widow should have the
possession and use of the legacies while alive and did not remarry
o 8th clause: the legacies should pass to the testator’s grand-niece upon the widow’s death, even if
the widow never remarried in her lifetime
o The widow had no right to retain or dispose of the properties and her estate is accountable to the
reversionary legatee for their return, unless they had been lost due to fortuitous event, or for their
value should rights of innocent third parties have intervened.