PARISH PRIEST OF ROMAN CATHOLIC CHIRCH OF VICTORIA TARLAC V RIGOR 1935: Father Pascual Rigor, the parish priest

of Pulilan, Bulacan, died. He left a will. This was probated. He named as devisees his 3 sisters (who are his nearest relatives), and to his cousin. In addition, the will devised rice lands in favor of his nearest male relative who would study for priesthood. The relative would be entitled to the possession of the ricelands once he has entered the seminary. His rights to the ricelands would be taken away once he drops out or is excommunicated. The will stated that during the interval of time that there is no qualified devisee, the administration of the ricelands would be under the administration of the incumbent parish priest of Victoria. 1940: This will was probated. A project of partition was also approved to implement the bequests stated above. The lower court ordered the administratix to delived to the devisees their respective shares. 1954: The parish priest of Victoria filed a petition to compel the administrator to deliver to them the ricelands as there is no person qualified to inherit them. He argues that a trust was created in favor of the parish priest. Father Rigors legal heirs opposed. Rigors legal heirs contention: -The devise re: the ricelands is inoperative. There was no one studying priesthood at the time of Rigors death. The ricelands should go back to the estate. Parish Priest contention: -They have the right to administed the property in trust as long as there is no one qualified to inherit in accordance with the terms of the will. The lower court eventually declared the bequest inoperative and adjudicated the ricelands to Father Rigors legal heirs. WON Father Rigor had a male relative who studied for the priesthood at the time of his death. NO WON the parish priest of Victoria could administer the ricelands in the absence of a qualified devisee. NO WON the devise (re: ricelands) is operative. NO Who is entitled to the ricelands? It goes back to the estate. Intestate succession applies to the ricelands. SC: NCC 956: if the bequest for any reason should be inoperative, it shall be merged into the estate... NCC 960 (2): Legal succession shall take place when the will does not dispose of all that belongs to the testator. I. DEVISE OF RICELANDS INOPERATIVE By studying the plain words of the will, the testator intended to devise the ricelands to his nearest male relative living at the time of his death and not to any indefinite time thereafter. When Rigor executed the will, he must have had in mind a nephew who would end up studying for the priesthood. But since he could not prognosticate the exact date of his death or state with certainty the category of nearest male relative who would be living and studying for priesthood at the time of his death, he simply used the term nearest male relative. In order to be capacitated to inherit, the heir devisee, or legatee must be living at the moment the succession opens, except in cases of representation (NCC 1025). Inasmuch as Father Rigor was not survived by any nephew or relative who became a priest, the unavoidable conclusion is that the bequest in question was ineffectual or inoperative. The ricelands should be distributed among the testators legal heirs as if there was no disposition made (as to the ricelands) at all. Intestate succession kicks in as regards the undisposed property.

PARISH PRIEST HAS NO RIGHT OF ADMINISTRATION The Parish priest would only become a trustee when the testators relative living at the time of his death, who desired to become a priest, had not yet entered the seminary OR, having become a priest, was excommunicated. These two conditions never arised. No relative manifested any intention to enter the seminary or become a priest.