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  • Digest - NATRES - Testate Estate of Ramirez V Vda De. Ramirez

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    The administratrix of Jose Eugenio Ramirez's estate submitted a project of partition granting one third of the portion to the widow's usufruct and the remainder to the usufruct of Wrobleski, an Austrian. The appellants opposed, arguing that granting a usufruct over Philippine land to an alien violates the constitutional prohibition on aliens acquiring land. The court ruled that a usufruct does not vest title to the land in the usufruct holder and only the vesting of title is prohibited to aliens by the Constitution, so the grant of usufruct to the alien Wrobleski is not void.

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    Digest_NATRES_Testate Estate of Ramirez v Vda de. Ramirez

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    The administratrix of Jose Eugenio Ramirez's estate submitted a project of partition granting one third of the portion to the widow's usufruct and the remainder to the usufruct of Wrobleski, an Austrian. The appellants opposed, arguing that granting a usufruct over Philippine land to an alien violates the constitutional prohibition on aliens acquiring land. The court ruled that a usufruct does not vest title to the land in the usufruct holder and only the vesting of title is prohibited to aliens by the Constitution, so the grant of usufruct to the alien Wrobleski is not void.

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    62 views1 page

    Digest - NATRES - Testate Estate of Ramirez V Vda De. Ramirez

    Uploaded by

    Anonymous b4ycWuoIc
    The administratrix of Jose Eugenio Ramirez's estate submitted a project of partition granting one third of the portion to the widow's usufruct and the remainder to the usufruct of Wrobleski, an Austrian. The appellants opposed, arguing that granting a usufruct over Philippine land to an alien violates the constitutional prohibition on aliens acquiring land. The court ruled that a usufruct does not vest title to the land in the usufruct holder and only the vesting of title is prohibited to aliens by the Constitution, so the grant of usufruct to the alien Wrobleski is not void.

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    of 1

    NO.

    15

    TESTATE ESTATE OF JOSE EUGENIO RAMIREZ, MARIA LUISA PALACIOS, ADMINISTRATRIX, PETITIONER-
    APPELLEE, VS. MARCELLE D. VDA. DE RAMIREZ, ET AL., OPPOSITORS, JORGE AND ROBERTO RAMIREZ,
    LEGATEES, OPPOSITORS-APPELLANTS.
    G.R. No. L-27952, February 15, 1982

    FACTS:
    Palacios was appointed administratrix of the estate of Ramirez, a Filipino National who died in Spain. She
    submitted a project of partition, among which, one third of the portion is charged with the widow’s usufruct and the
    remainder with the usufruct of Wrobleski, an Austrian.
    Herein appellants opposed the partition arguing that the grant of a usufruct over real property in the
    Philippines in favor of Wrobleski, who is an alien. It violates the constitutional prohibition against the acquisition of
    lands by aliens.

    ISSUE:
    Is the usufruct in favor of an alien void?

    RULING:
    No. A usufruct, although a real right, does not vest title to the land in usufruct and it is the vesting of title to
    the land in favor of aliens in proscribed by the Constitution.

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