G.R. Nos.

L-27860 and L-27896

Governing Law

March 29, 1974

PHILIPPINE COMMERCIAL AND INDUSTRIAL BANK, Administrator of the Testate Estate

of Charles Newton Hodges (Sp. Proc. No. 1672 of the Court of First Instance of Iloilo),
petitioner,
v.
THE HONORABLE VENICIO ESCOLIN, Presiding Judge of the Court of First Instance of
Iloilo, Branch II, and AVELINA A. MAGNO, respondents.
FACTS:
On May 23, 1957, Linnie Jane Hodges died in Iloilo City leaving a will executed on
November 22, 1952 pertinently providing as follows:
First.
I direct that all my just debts and funeral expenses be first paid
out of my estate.
Second.
I give, devise and bequeath all of the rest, residue and remainder
of my estate, both personal and real, wherever situated, or located, to
my beloved husband, Charles Newton Hodges, to have and to hold unto
him, my said husband, during his natural lifetime.
Third.
I desire, direct and provide that my husband, Charles Newton
Hodges, shall have the right to manage, control, use and enjoy said estate
during his lifetime, and he is hereby given the right to make any changes
in the physical properties of said estate, by sale or any part thereof which
he may think best, and the purchase of any other or additional property
as he may think best; to execute conveyances with or without general or
special warranty, conveying in fee simple or for any other term or time,
any property which he may deem proper to dispose of; to lease any of
the real property for oil, gas and/or other minerals, and all such deeds or
leases shall pass the absolute fee simple title to the interest so conveyed
in such property as he may elect to sell. All rents, emoluments and
income from said estate shall belong to him, and he is further authorised
to use any part of the principal of said estate as he may need or desire. It
is provided herein, however, that he shall not sell or otherwise dispose of
any of the improved property now owned by us located at, in or near the
City of Lubbock, Texas, but he shall have the full right to lease, manage
and enjoy the same during his lifetime, above provided. He shall have the
right to subdivide any farm land and sell lots therein and may sell
unimproved town lots.
Fourth.
At the death of my said husband, Charles Newton Hodges, I give,
devise and bequeath all of the rest, residue and remainder of my estate,
both real and personal, wherever situated or located, to be equally
divided among my brothers and sisters, share and share alike, namely:
Esta Higdon, Emma Howell, Leonard Higdon, Roy Higdon, Saddie
Rascoe, Era Roman and Nimroy Higdon.
Fifth.
In case of the death of any of my brothers and/or sisters named in
item Fourth, above, prior to the death of my husband, Charles Newton
Hodges, then it is my will and bequest that the heirs of such deceased
brother or sister shall take jointly the share which would have gone to
such brother or sister had she or he survived.

Page 1 of 3
nd

32 Case

G.R. Nos. L-27860 and L-27896

Governing Law

March 29, 1974

Sixth.
I nominate and appoint my said husband, Charles Newton
Hodges, to be executor of this, my last will and testament, and direct that
no bond or other security be required of him as such executor.
Seventh.
It is my will and bequest that no action be had in the probate
court, in the administration of my estate, other than that necessary to
prove and record this will and to return an inventory and appraisement
of my estate and list of claims.
This will was subsequently probated in aforementioned Special Proceedings No.
1307 of respondent court on June 28, 1957, with the widower Charles Newton Hodges
being appointed as Executor, pursuant to the provisions thereof. On May 27, 1957, the
said widower had been appointed Special Administrator.
ISSUE:
Whether Philippine laws on successional rights apply
RULING:
The Supreme Court ruled in the affirmative.
Under Philippine law, as it is under the law of Texas, the conjugal or community
property of the spouses, Charles Newton Hodges and Linnie Jane Hodges, upon the
death of the latter, is to be divided into two, one-half pertaining to each of the spouses,
as his or her own property. Thus, upon the death of Linnie Jane Hodges, one-half of the
conjugal partnership property immediately pertained to Charles Newton Hodges as his
own share, and not by virtue of any successional rights. There can be no question about
this.
Philippine law or more specifically, Article 900 of the Civil Code provides:
If the only survivor is the widow or widower, she or he shall be
entitled to one-half of the hereditary estate of the deceased spouse, and
the testator may freely dispose of the other half.
If the marriage between the surviving spouse and the testator was
solemnised in articulo mortis, and the testator died within three months
from the time of the marriage, the legitime of the surviving spouse as the
sole heir shall be one-third of the hereditary estate, except when they
have been living as husband and wife for more than five years. In the
latter case, the legitime of the surviving spouse shall be that specified in
the preceding paragraph.
The legitime of the surviving spouse cannot be burdened by a fideicommisary
substitution (Art. 864, Civil code), nor by any charge, condition, or substitution (Art, 872,
Civil code). It is clear, therefore, that in addition to one-half of the conjugal partnership
property as his own conjugal share, Charles Newton Hodges was also immediately
entitled to one-half of the half conjugal shares of the deceased, Linnie Jane Hodges, or
one-fourth of the entire conjugal property, as his legitime.
On her part, it is respondent-appellee Magno's posture that under the laws of
Texas, there is no system of legitime; hence the estate of Mrs. Hodges should be onehalf of all the conjugal properties.
Page 2 of 3
nd

32 Case

G.R. Nos. L-27860 and L-27896

Governing Law

March 29, 1974

It is thus unquestionable that as far as PCIB is concerned, the application of

Article 16 of the Civil Code in relation to the corresponding laws of Texas would result in
that the Philippine laws on succession should control.

Page 3 of 3
nd

32 Case