Uson vs. Del Rosario, et al.

No. L-4963. January 29, 1953


This is an action for the recovery of the ownership and possession of five (5) parcels of land  situated in the municipality of Labrador, Province of Pangasinan, filed by Maria Uson against  Maria del Rosario and her four children. 

Maria Uson, plaintiff-appellee, the lawful wife of Faustino Nebreda, who upon his death in 1945  left the lands involved in this litigation. However, Maria del Rosario, a common law wife of the  late Faustino Nebreda took possession of the said lands. Del Rosario claimed that in 1931, Uson and the late Faustino, executed a public document whereby they agreed to separate as husband  and wife and, in consideration of their separation, Maria was given a parcel of land by way of  alimony and in return she renounced her right to inherit any other property that may be left by  her husband upon his death. Del Rosario also contends that her children are given the status  and rights of natural children and are entitled to the successional rights, and because these  successional rights were declared for the first time in the new code, they shall be given  retroactive effect. 


(1) Whether or not the executed deed of separation, in which Maria Uson expressly renounced  to inherit any future property that her husband may acquire and leave upon his death in  consideration of a parcel of land by way of alimony is valid 

(2) Whether or not the illegitimate children of deceased have successional rights


(1) No. Although the lawful wife has expressly renounced her right to inherit any future property  that her husband may acquire and leave upon his death, such renunciation cannot be entertained  for the simple reason that future inheritance cannot be the subject of a contract nor can it be  renounced 

(2) No. The new right recognized by the new Civil Code in favor of the illegi­timate children of  the deceased cannot be asserted to the impairment of the vested right of the lawful wife over  the lands in dispute. While article 2253 of the new Civil Code provides that rights which are  declared for the first time shall have retroactive effect even though the event which gave rise to  them may have occurred under the former legislation, yet this is so only when the new rights  do not prejudice any vested or acquired right of the same origin


Wherefore, the decision appealed from is affirmed, without costs.