137 CRISOLOGO v SINGSON NATURE Action for partition by Sps Crisologo against Singson FACTS - This involves a lot

and improvements thereon. Complaint alleged that Singson owned half pro-indiviso of said prop and that Florentino owned the other half by virtue of the duly probated last will of Singson (the orig owner). - Defendant's defense was that Consolacion Florentino was a mere usufructuary of and not owner of one-half pro-indiviso of the property in question, and that therefore, she was not entitled to demand partition thereof. - Lower court rendered judgment in favor of plaintiff. Singson appealed. - At the time of the execution of the will, the nearest living relatives of the orig owner were her brothers Evaristo, Manuel and Dionisio Singson, her nieces Rosario, Emilia and Trinidad, and her grandniece Consolation, all surnamed Florentino. ISSUE: Whether the testamentary disposition provided for sustitucion vulgar or for sustitucion fideicomisaria? SUSTITUCION VULGAR RATIO: - The old Civil Code governs this case. Testator may not only designate heirs wholl succeed him, but also substitutes in the event that said heirs dont accept or are in no position to accept inheritance or legacies, or die ahead of him. - Testator may also bequeath his properties to particular person w/ obligation, on part of latter, to deliver the same to another, totally or partially, upon occurrence of particular event. - The particular testamentary clause provides for substitution of heir in this manner: upon death of Consolacion Florentino, whether before or after that of testatrix, property bequeathed to her shall be delivered or shall belong in equal parts to testatrix's three brothers, Evaristo, Manuel, Dionisio, or their forced heirs, should anyone of them die ahead of Consolacion Florentino. - If this created sustitucion vulgar, necessary result would be that Consolacion Florentino, upon death of testatrix, became owner of one undivided half of the property, but if it provided for sustitution fideicomisaria, she would have acquired nothing more than usufructuary rights over same half. In the former, she would be entitled to partition, but not in the latter. As Manresa says, if fiduciary did not acquire full ownership of property bequeathed by will, but mere usufructuary rights until time came for him to deliver said property to the fideicomisario, its obvious that nude ownership over property, upon death of testatrix, passed to and was acquired by another person, and

the person cannot be other than the fideicomisario. - It seems to be of the essence of a fideicommissary substitution that an obligation be clearly imposed upon first heir to preserve & transmit to another the whole or part of estate bequeathed to him, upon his death or upon happening of particular event. For this reason, Art 785 of old Civil Code provides that fideicommissary substitution has no effect unless made expressly either by giving it such name, or by imposing upon first heir the absolute obligation to deliver the inheritance to a substitute or second heir. - The substitution of heirs provided for therein is not expressly made of fideicommissary kind, nor does it contain a clear statement to the effect that appellee, during her lifetime, shall only enjoy usufructuary rights over the property bequeathed to her, naked ownership thereof being vested in the brothers of the testatrix. As already stated, it merely provides that upon appellee's death, whether before or after that of testatrix, her share shall belong to the brothers of the testatrix.