EN BANC
[G.R. No. 31994. March 22, 1930. ]
MARIANO ALONSO Y DE MESA, Petitioner-Appellant, v. VICENTE E. REYES, ET AL., opponents-appellees.
Reyes & Ymzon, for Appellant.
Teofilo Mendoza, for A. Lauchengco and A. Alonso.
Bernardino Guerrero, for administrator V. E. Reyes.
Teodoro Gonzalez, for the appellees Heirs of deceased Esteban Alonso y De Mesa.
Isidro Santiago, in his own behalf and for the other appellees.
SYLLABUS
1. RIGHT OF USE AND HABITATION; TRANSFER OF THE SAME. — The right of use and habitation referred to in articles 523-529 of the Civil Code is personal cannot be transferred to another person.
2. ID.; ID.; NO SPECIAL COMPENSATION. — Through testamentary provisions, the plaintiff was given the right of use and habitation of a portion of a building pertaining to the estate of the testatrix. Instead of personally occupying the portion in question, the plaintiff leased it to another person in violation of the provisions of the will. Later on, the plaintiff gave his consent in writing to the sale of the entire property. The consent was given without reservation of special compensation for surrendering his right of use of occupation, but he received and accepted his share of the purchase price. Held, that he was not entitled to further compensation.
2. ID.; ID.; NO SPECIAL COMPENSATION. — Through testamentary provisions, the plaintiff was given the right of use and habitation of a portion of a building pertaining to the estate of the testatrix. Instead of personally occupying the portion in question, the plaintiff leased it to another person in violation of the provisions of the will. Later on, the plaintiff gave his consent in writing to the sale of the entire property. The consent was given without reservation of special compensation for surrendering his right of use of occupation, but he received and accepted his share of the purchase price. Held, that he was not entitled to further compensation.
D E C I S I O N
OSTRAND, J.:
Felipa Alonso y de Mesa died in 1921 leaving a will, the fifth paragraph of which reads as follows:jgc:chanrobles.com.ph
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