Tordilla vs. Tordilla, 60 Phil. 162
Subject: Obligations and Contracts
FACTS
This is an
appeal from a decision of the Court of First Instance of Camarines Sur
providing for the distribution of the estate of one Francisco Tordilla, who
died intestate in Naga, Camarines Sur, on December 18, 1925, leaving as his
only heirs his widow, a legitimate son, the defendant-appellant, and a
recognized natural daughter, petitioner-appellee.
The defendendat-appellant
laid down several assignments of error of the court a quo. One of which: the
seventh, eighth, and ninth assignments of error refer to the validity of
Exhibit H, a contract entered into between the appellee and the appellant in
another case and signed shortly before the death of their father. The contract
is in the nature of a compromise and covered two items, namely, first, the
support of the natural daughter which the brother agreed to assume for one year
and, second, a proposed division of their future inheritance upon the death of
their father. It is assumed that appellant has complied with his terms of the
contract, and the father died before the obligation of the brother terminated.
The second portion of the contract Exhibit H clearly relates to the anticipated
future inheritance and, therefore, is null and void under the provisions of Article
1271 of of the Civil Code.
ISSUE
Whether or not
there is a valid contract.
RULING
No.
Under the law
(Art 1347, NCC), no contract may be entered into upon future inheritance except
in cases expressly authorized by law.
In this case,
there was no valid contract because the object of the contract here is really
future inheritance, and the particular contract in this case is not one of
those authorized by law regarding inheritance.
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