Vitug v.

CA, 183 SCRA 755 | JEN SUCCESSION REVIEWER

FACTS: Romarico Vitug and Nenita Alonte were co-administrators of Dolores Vitugs
(deceased) estate Rowena Corona was t!e e"ecutri" Romarico# t!e deceaseds !us$and#
%led a motion wit! t!e &ro$ate court as'ing for aut!orit( to sell certain s!ares of stoc' and
real &ro&erties $elonging to t!e estate to co)er alleged ad)ances to t!e estate# w!ic! !e
claimed as &ersonal funds T!e ad)ances were used to &a( estate ta"es
Corona o&&osed t!e motion on ground t!at t!e ad)ances came from a sa)ings account w!ic!
formed &art of t!e con*ugal &artners!i& &ro&erties and is &art of t!e estate T!us# t!ere was
no ground for reim$ursement Romarico claims t!at t!e funds are !is e"clusi)e &ro&ert(#
!a)ing $een ac+uired t!roug! a sur)i)ors!i& agreement e"ecuted wit! !is late wife and t!e
$an'
T!e agreement stated t!at after t!e deat! of eit!er one of t!e s&ouses# t!e sa)ings account
s!all $elong to and $e t!e sole &ro&ert( of t!e sur)i)or# and s!all $e &a(a$le to and
collecti$le or wit!drawa$le $( suc! sur)i)or
T!e lower court u&!eld t!e )alidit( of t!e agreement and granted t!e motion to sell CA
re)ersed stating t!at t!e sur)i)ors!i& agreement constitutes a con)e(ance mortis causa
w!ic! did not com&l( wit! t!e formalities of a )alid will Assuming t!at it was a donation inter
)i)os# it is a &ro!i$ited donation (donation $etween s&ouses)
,SS-.: /0N t!e sur)i)ors!i& agreement was )alid
1.2D: 3.S T!e con)e(ance is not mortis causa# w!ic! s!ould $e em$odied in a will A will is a
&ersonal# solemn# re)oca$le and free act $( w!ic! a ca&acitated &erson dis&oses of !is
&ro&ert( and rig!ts and declares or com&lies wit! duties to ta'e e4ect after !is deat! T!e
$e+uest or de)ise must &ertain to t!e testator
,n t!is case# t!e sa)ings account in)ol)ed was in t!e nature of con*ugal funds Since it was not
s!own t!at t!e funds $elonged e"clusi)el( to one &art(# it is &resumed to $e con*ugal
,t is also not a donation inter )i)os $ecause it was to ta'e e4ect after t!e deat! of one &art(
,t is also not a donation $etween s&ouses $ecause it in)ol)ed no con)e(ance of a s&ouses
own &ro&erties to t!e ot!er
,t was an error to include t!e sa)ings account in t!e in)entor( of t!e deceaseds assets
$ecause it is t!e se&arate &ro&ert( of Romarico
T!us# Romarico !ad t!e rig!t to claim reim$ursement
A will is a &ersonal# solemn# re)oca$le and free act $( w!ic! a ca&acitated &erson dis&oses of
!is &ro&ert( and rig!ts and declares or com&lies wit! duties to ta'e e4ect after !is deat!
Sur)i)ors!i& agreements are &ermitted $( t!e NCC 1owe)er# its o&eration or e4ect must not
$e )iolati)e of t!e law (ie used as a cloa' to !ide an ino5cious donation or to transfer
&ro&ert( in fraud of creditors or to defeat t!e legitime of a forced !eir)