Elena Morente vs Gumersindo De La Santa

G.R. No. L-3891 – 9 Phil. 387 – Civil Law – Wills and Succession – Conditions on the Institution of Heirs – Prohibition to Remarry

Sometime in the early 1900s, Consuelo Morente died leaving a will which provides that she is leaving all her real estate in favor of her husband, Gumersindo De La Santa. It is also provided in the will that De La Santa “shall not remarry anyone.”

But four months after the death of Consuelo, De La Santa contracted a subsequent marriage.

Elena Morente, sister of Consuelo, now filed a petition to annul the institution made in favor of De La Santa on the ground that by reason of De La Santa’s subsequent marriage, he had forfeited his inheritance.

ISSUE: Whether or not there was a valid prohibition in the case at bar.

HELD: No. It is true that a prohibition to remarry imposed by the testator on his or her spouse is allowed. However, in this case, from the clauses in the will left by Consuelo, the prohibition was not so worded. There was no express prohibition. The phrase that De La Santa “shall not remarry anyone” was a mere statement or declaration. There was even no provision as to what will happen if De La Santa will remarry. The will did not say that he should reconvey the property to the estate of Consuelo. Therefore, his second marriage did not give rise to an action for the annulment of the institution made in his favor in the will of his deceased wife.

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