RAMIREZ vs. RAMIREZ

RAMIREZ vs. RAMIREZ

111 SCRA 82

FACTS: 

Jose Ramirez a Filipino, died in Spain leaving only his widow Marcelle Ramirez, a French.  In the project partition, the property was divided into 2 parts: 1^st part to the widow, and 2^nd part to the grandnephews the naked ownership. Furthermore, as to the usufruct of the 2^nd part, 1/3 was given to the widow and 2/3 to Wanda de Wrobleski, an Austrian. The grandnephews opposed on the ground that usufruct to Wanda is void because it violates the constitutional prohibition against the acquisition of lands by aliens.

ISSUE:

WON the ground for the opposition is correct.

HELD:

No, it is not correct.

            The SC held that the Constitutional provision which enables aliens to acquire private lands does not extend to testamentary succession for otherwise the prohibition will be for naught and meaningless. The SC upheld the usufruct in favor of Wanda because although it is a real right, it does not vest title to the land in the usufructuary and it is the vesting of title to land in favor of aliens which is proscribed by the Constitution.