Dominic Oswald C.

Halili

BLAS VS. SANTOS 1 SCRA 899

FACTS: Simeon Blas contracted a first marriage with Marta Cruz (FIRST WIFE)
with whom they had three children as well as grandchildren. The First wife died
and on the following year, Simeon contracted a second marriage with Maxima
Santos (SECOND WIFE) but the properties he and his former wife acquired
during the first marriage were not liquidated.
One week before the death of Simeon Blas, he executed a will disposing
half of his properties in favor of Maxima the other half for payment of debts, Blas
also named a few devisees and legatees therein.
In view of the fact that there were no liquidation made on the properties of
Simeon Blas and the First Wife, he asked his son-in-law, Andres Pascual, to
prepare a document whereby the Second Wife, Maxima Santos intimated that she
understands the will of her husband; that she promises that shell be giving, upon
her death, one-half of the properties shell be acquiring to the heirs and legatees
named in the will of his husband; that she can select or choose any of them
depending upon the respect, service, and treatment accorded to her by said
legatees/heirs/devisees.
The preparation and execution of Exhibit "A" was ordered by Simeon Blas
evidently to prevent his heirs by his first marriage from contesting his will and
demanding liquidation of the conjugal properties acquired during the first
marriage.
In 1937, Simeon Blas died. In 1956, Maxima died and Rosalina Santos
became administratrix of her estate. The heirs of Simeon Blas learned that
Maxima did not fulfill her promise as it was learned that Maxima only disposed
not even one-tenth of the properties she acquired from Simeon Blas.
ISSUE: Whether or not the heirs of Simeon Blas should receive properties based
on the promise of Maxima Santos contained in Exhibit A
HELD: The Supreme Court ruled that the promise is valid and enforceable upon
Maximas death. Though it is not a will, as it lacks the formality, nor a donation, it
is still enforceable because said promise was actually executed to avoid litigation
(partition of Simeon Blas estate).
It is not disputed that this document was prepared at the instance of
Simeon Blas for the reason that the conjugal properties of his first marriage had
not been liquidated. It is an obligation or promise made by the maker to transmit
one-half of her share in the conjugal properties acquired with her husband, which
properties are stated or declared to be conjugal properties in the will of the
husband.
Dominic Oswald C. Halili
Simeon Blas contracted his first marriage with Marta Cruz with whom they have
three children as well as grand children. After a year when marta died, simeon
contracted his second marriage with Maxima Santos without liquidating the
properties between simeon and his first wife.

A week before the death of simeon, he executed a will whereby he would give half
of his share to his wife, half would be for the payment of their debts, if any.
In view of the fact that no liquidation was made on his first marriage, he ordered
his son-in-law to prepare a document whereby the second wife promises to give,
upon her death, half of what she will get from Simeon to the legatees or devisees
named in the will.
The purpose of this document is to avoid the heirs of simeon in contesting the
will and ask for a liquidation on the first marriage.
After the death of the second wife, the heirs of simeon blas learned that the
promise of the second wife contained in the document was not fulfilled. And that
only one tenth of the properties she received from simeon was given to the heirs.
Hence, the issue of whether or not the heirs should receive properties based on
the promise of the second wife.
The SC ruled in the affirmative. The promise is valid and enforceable. Though it
is not a will as it lacks the proper formalities, nor a donation, it is still enforceable
because said promise was actually executed to avoid litigation or partition of the
properties of Simeon Blas.