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JOSE BARITUA and EDGAR BITANCOR v.

NICOLAS NACARIO and VICTORIA RONDA NACARIO


Dismissed complaint
1979,
The payment by the bus driver and owner, to the widow and her child, who are the preferred
heirs and successors-in-interest of the deceased Bienvenido to the exclusion of his parents,
theparents, extinguished any claim against the bus driver and owner.

tricycle, driven by Bienvenido Nacario


figured in an accident ( along the national highway in Baao, Camarines Sur)
with JB Bus, driven by Edgar Bitancor and owned and operated by Jose Baritua.

CA
Reversed

release of claim" executed by widow did not discharge the liability of the bus driver
and owner because the case was instituted by the parents in their own capacity and
not as "heirs, representatives, successors, and assigns" of widow

Bienvenido and passenger died


tricycle was damaged

Widow could not have validly waived the damages being prayed for (by the private
respondents) since she was not the one who suered these damages

criminal case was never instituted

Extra Judicial Settlement


by Bus Driver, Bus Owner, and Bus Insurer
and
Bienvenidos widow.
received 18,500
and that by reason of such,
release of claim, discharging the bus driver, owner and insurer from all actions,
claims, and demands arising from accident
adavid of desistance
Complaint for Damages

whether or not Alicia, the surviving spouse and the one who received the petitioners' payment, is
entitled to it.
(a) as per Article 1240 of the Civil Code enumerates the persons to whom payment to
extinguish an obligation should be made.
...to the person in whose favor the obligation has been constituted, or his successor
in interest, or any person authorized to receive it."
In CAB, Alicia and her son (with the deceased) are the successors in interest referred to in
law as the persons authorized to receive payment.
(b) Further, as per Art 887, in rel. to Art 985, the parents of the deceased succeed only
when the latter dies without a legitimate descendant.
On the other hand, the surviving spouse concurs with all classes of heirs.
In CAB, it has been established that Bienvenido was married to Alicia and that they begot a
child

One year from accident

Thus the parents are not the successors-in-interest of Bienvenido

filed by Bienvenidos parents

The parents are not compulsory heirs

Grounds:
(a) that bus driver, and owner promised the parents of Bienvenido, (Nicolas and
Victoria), that as extra-judicial settlement, they shall be indemnified for the death of
their son
funeral expenses
damage to tricycle
purchase price
CFI

SC

(c) Therefore, the bus driver and owner, acted correctly in settling their obligation with Alicia
as the widow, and as the natural guardian of their lone child.
This is still true, even if Alicia is estranged from Bienvenido
Mere estrangement is not a legal ground for the disqualification of a surviving spouse
as an heir