RABADILLA vs. CA

RABADILLA vs. CA

June 29, 2000

FACTS:        

In a Codicil appended to the Last Will and Testament of testatrix Aleja Belleza, Dr. Jorge Rabadilla, predecessor-in-interest of the herein petitioner, Johnny S. Rabadilla, was instituted as a devisee of parcel of land. The Codicil provides that Jorge Rabadilla shall have the obligation until he dies, every year to give Maria Marlina Coscolluela y Belleza, (75) (sic) piculs of Export sugar and (25) piculs of Domestic sugar, until the said Maria Marlina Coscolluela y Belleza dies.  

Dr. Jorge Rabadilla died. Private respondent brought a complaint, to enforce the provisions of subject Codicil.

ISSUE:

WON the obligations of Jorge Rabadilla under the Codicil are inherited by his heirs.

HELD: 

Under Article 776 of the NCC, inheritance includes all the property, rights and obligations of a person, not extinguished by his death. Conformably, whatever rights Dr. Jorge Rabadilla had by virtue of subject Codicil were transmitted to his forced heirs, at the time of his death. And since obligations not extinguished by death also form part of the estate of the decedent; corollarily, the obligations imposed by the Codicil on the deceased Dr. Jorge Rabadilla, were likewise transmitted to his compulsory heirs upon his death.