Republic of the Philippines

SUPREME COURT
Manila
EN BANC
DECISION
January 3! "#$
%&R& No& ! !
's&
! &
, J.:
In this Petition for Re'ie( of t(o )*+ Or,ers of the Court of -irst Instance of Cebu the
.uestion raise, is (hether the (i,o( (hose husban, pre,ecease, his /other can inherit
fro/ the latter! her /other0in0la(&
It appears fro/ the recor, of the case that on -ebruary *1! "$! Mrs& Petra 2& Rosales! a
resi,ent of Cebu City! ,ie, intestate& She (as sur'i'e, by her husban, -ortunate 3& Rosales
an, their t(o )*+ chil,ren Ma4na Rosales Acebes an, Antonio Rosales& Another chil,!
Carterio Rosales! pre,ecease, her! lea'in4 behin, a chil,! Maci5e.uero6 Rosales! an, his
(i,o( Irenea C& Rosales! the herein petitioner& 3he estate of the ,is/isse, has an esti/ate,
4ross 'alue of about 3hirty 3housan, Pesos )P37!777&77+&
On July 7! "$! Ma4na Rosales Acebes institute, the procee,in4s for the settle/ent of the
estate of the ,ecease, in the Court of -irst Instance of Cebu& 3he case (as ,oc5ete, as
Special Procee,in4s No& 3*780R& 3hereafter! the trial court appointe, Ma4na Rosales Acebes
a,/inistratri6 of the sai, estate&
In the course of the intestate procee,in4s! the trial court issue, an Or,er ,ate, June 1!
"$* ,eclarin4 the follo(in4 in in,i'i,uals the le4al heirs of the ,ecease, an, prescribin4
their respecti'e share of the estate 9
-ortunata 3& Rosales )husban,+! :8; Ma4na R& Acebes ),au4hter+! :8; Maci5e.uero6
Rosales! :8; an, Antonio Rosales son! :8&
3his ,eclaration (as reiterate, by the trial court in its Or,er I ,ate, -ebruary 8! "$<&
3hese Or,ers not(ithstan,in4! Irenea Rosales insiste, in 4ettin4 a share of the estate in her
capacity as the sur'i'in4 spouse of the late Carterio Rosales! son of the ,ecease,! clai/in4
that she is a co/pulsory heir of her /other0in0la( to4ether (ith her son! Maci5e.uero6
Rosales&
3hus! Irenea Rosales sou4ht the reconsi,eration of the afore/entione, Or,ers& 3he trial
court ,enie, her plea& =ence this petition&
In su/! the petitioner poses t(o )*+ .uestions for Our resolution petition& -irst 9 is a (i,o(
)sur'i'in4 spouse+ an intestate heir of her /other0in0la(9 Secon, 9 are the Or,ers of the trial
Rosales 's& Rosales
Succession
court (hich e6clu,e, the (i,o( fro/ 4ettin4 a share of the estate in .uestion >nal as
a4ainst the sai, (i,o(9
Our ans(er to the >rst .uestion is in the ne4ati'e&
Intestate or le4al heirs are classi>e, into t(o )*+ 4roups! na/ely! those (ho inherit by their
o(n ri4ht! an, those (ho inherit by the ri4ht of representation& Restate,! an intestate heir
can only inherit either by his o(n ri4ht! as in the or,er of intestate succession pro'i,e, for in
the Ci'il Co,e! * or by the ri4ht of representation pro'i,e, for in Article "# of the sa/e la(&
3he rele'ant pro'isions of the Ci'il Co,e are?
Art& "#7& 3he chil,ren of the ,ecease, shall al(ays inherit fro/ hi/ in their o(n ri4ht!
,i'i,in4 the inheritance in e.ual shares&
Art& "#& Shoul, chil,ren of the ,ecease, an, ,escen,ants of other chil,ren (ho are ,ea,!
sur'i'e! the for/er shall inherit in their o(n ri4ht! an, the latter by ri4ht of representation&
Art& "#*& 3he 4ran,chil,ren an, other ,escen,ants sha4 inherit by ri4ht of representation!
an, if any one of the/ shoul, ha'e ,ie,! lea'in4 se'eral heirs! the portion pertainin4 to hi/
shall be ,i'i,e, a/on4 the latter in e.ual portions&
Art& """& @hen the (i,o( or (i,o(er sur'i'es (ith le4iti/ate chil,ren or their ,escen,ants
an, ille4iti/ate chil,ren or their ,escen,ants! (hether le4iti/ate or ille4iti/ate! such (i,o(
or (i,o(er shall be entitle, to the sa/e share as that of a le4iti/ate chil,&
3here is no pro'ision in the Ci'il Co,e (hich states that a (i,o( )sur'i'in4 spouse+ is an
intestate heir of her /other0in0la(& 3he entire Co,e is ,e'oi, of any pro'ision (hich entitles
her to inherit fro/ her /other0in0 la( either by her o(n ri4ht or by the ri4ht of
representation& 3he pro'isions of the Co,e (hich relate to the or,er of intestate succession
)Articles "$# to 78+ enu/erate (ith /eticulous e6actitu,e the intestate heirs of a
,ece,ent! (ith the State as the >nal intestate heir& 3he conspicuous absence of a pro'ision
(hich /a5es a ,au4hter0in0la( an intestate heir of the ,ecease, all the /ore con>r/s Our
obser'ation& If the le4islature inten,e, to /a5e the sur'i'in4 spouse an intestate heir of the
parent0in0la(! it (oul, ha'e so pro'i,e, in the Co,e&
Petitioner ar4ues that she is a co/pulsory heir in accor,ance (ith the pro'isions of Article
##$ of the Ci'il Co,e (hich pro'i,es that?
Art& ##$& 3he follo(in4 are co/pulsory heirs?
)+ Ae4iti/ate chil,ren an, ,escen,ants! (ith respect to their le4iti/ate parents an,
ascen,ants;
)*+ In ,efault of the fore4oin4! le4iti/ate parents an, ascen,ants! (ith respect to their
le4iti/ate chil,ren an, ,escen,ants;
)3+ 3he (i,o( or (i,o(er;
)8+ Ac5no(le,4e, natural chil,ren! an, natural chil,ren by le4al >ction;
)<+ Other ille4iti/ate chil,ren referre, to in article *#$;
* Rosales 's& Rosales
Succession
Co/pulsory heirs /entione, in Nos& 3! 8 an, < are not e6clu,e, by those in Nos& an, *;
neither ,o they e6clu,e one another&
In all cases of ille4iti/ate chil,ren! their >liation /ust be ,uly pro'e,&
3he father or /other of ille4iti/ate chil,ren of the three classes /entione,! shall inherit
fro/ the/ in the /anner an, to the e6tent establishe, by this Co,e&
3he aforesai, pro'ision of la( 3 refers to the estate of the ,ecease, spouse in (hich case
the sur'i'in4 spouse )(i,o( or (i,o(er+ is a co/pulsory heir& It ,oes not apply to the estate
of a parent0in0la(&
In,ee,! the sur'i'in4 spouse is consi,ere, a thir, person as re4ar,s the estate of the
parent0in0la(& @e ha, occasion to /a5e this obser'ation in Aachenal '& Salas! 8 to @it?
@e hol, that the title to the >shin4 boat shoul, be ,eter/ine, in Ci'il Case No& 3<"$ )not in
the intestate procee,in4+ because it aBects the lessee thereof! Aope A& Aeoncio! the
,ece,entCs son0in0la(! (ho! althou4h /arrie, to his ,au4hter or co/pulsory heir! is
ne'ertheless a thir, person (ith respect to his estate& &&& )E/phasis supplie,+&
By the sa/e to5en! the pro'ision of Article """ of the Ci'il Co,e aforecite, ,oes not support
petitionerCs clai/& A careful e6a/ination of the sai, Article con>r/s that the estate
conte/plate, therein is the estate of the ,ecease, spouse& 3he estate (hich is the subDect
/atter of the intestate estate procee,in4s in this case is that of the ,ecease, Petra 2&
Rosales! the /other0in0la( of the petitioner& It is fro/ the estate of Petra 2& Rosales that
Maci5e.uero6 Rosales ,ra(s a share of the inheritance by the ri4ht of representation as
pro'i,e, by Article "# of the Co,e&
3he essence an, nature of the ri4ht of representation is e6plaine, by Articles "$7 an, "$ of
the Ci'il Co,e! 'iE 9
Art& "$7& Representation is a ri4ht create, by >ction of la(! by 'irtue of (hich the
representati'e is raise, to the place an, the ,e4ree of the person represente,! an, ac.uires
the ri4hts (hich the latter (oul, ha'e if he (ere li'in4 or if he coul, ha'e inherite,&
Art& "$& 3he representati'e is calle, to the succession by the la( an, not by the person
represente,& 3he representati'e ,oes not succee, the person represente, but the one
(ho/ the person represente, (oul, ha'e succee,e,& )E/phasis supplie,&+
Article "$ e6plicitly ,eclares that Maci5e.uero6 Rosales is calle, to succession by la(
because of his bloo, relationship& =e ,oes not succee, his father! Carterio Rosales )the
person represente,+ (ho pre,ecease, his 4ran,/other! Petra Rosales! but the latter (ho/
his father (oul, ha'e succee,e,& Petitioner cannot assert the sa/e ri4ht of representation
as she has no >liation by bloo, (ith her /other0in0la(&
Petitioner ho(e'er conten,s that at the ti/e of the ,eath of her husban, Carterio Rosales
he ha, an inchoate or contin4ent ri4ht to the properties of Petra Rosales as co/pulsory heir&
Be that as it /ay! sai, ri4ht of her husban, (as e6tin4uishe, by his ,eath that is (hy it is
their son Maci5e.uero6 Rosales (ho succee,e, fro/ Petra Rosales by ri4ht of
representation& =e ,i, not succee, fro/ his ,ecease, father! Carterio Rosales&
3 Rosales 's& Rosales
Succession
On the basis of the fore4oin4 obser'ations an, conclusions! @e >n, it unnecessary to pass
upon the secon, .uestion pose, by the petitioner&
Accor,in4ly! it is Our consi,ere, opinion! an, @e so hol,! that a sur'i'in4 spouse is not an
intestate heir of his or her parent0in0la(&
@=ERE-ORE! in 'ie( of the fore4oin4! the Petition is hereby DENIED for lac5 of /erit! (ith
costs a4ainst the petitioner& Aet this case be re/an,e, to the trial0court for further
procee,in4s&
SO ORDERED&
Fap )Chair/an+! Nar'asa! Melencio0=errera! CruE! -eliciano an, Sar/iento! JJ&! concur&
Footnotes
III 3olentino! Co//entaries an, Jurispru,ence on the Ci'il Co,e of the Philippines 81!
"$" e,&
* Articles "$# to 78&
3 Art& ##$ )3+! Ci'il Co,e&
8 $ SCRA *1*! *1< A08**<$! June 8! "$1&
8 Rosales 's& Rosales
Succession