(conjugal share of Perfecta), the remaining must be divided as follows:
Santillon v. Miranda (1965) for her and for him.
a. Perfecta (mother) claimed besides her conjugal half, she was entitled under Art. 996 of the NCC to another of the remaining Petitioners: Intestate Estate of Pedro Santillon, Claro Santillon half. Respondents: Perfecta Miranda 4. Court: Perfecta correct. DOCTRINE: When an intestacy occurs, a surviving spouse concurring with ISSUE: WON Art. 892 or Art. 996 applies. only one legitimate child of the deceased is entitled to one-half of the estate of the deceased spouse under Art. 996 of the Civil Code. RULING + RATIO: Art. 996 applies. 1. Article 996 specifically applies to intestate succession while Art. 892 FACTS: son vs mother- after deducting conjugal share, son claims which is found in the chapter of testamentary succession, applies to from the remaining 1/2; while mother claims of the remaining . such type of succession. 2. Surviving spouse concurring with a legitimate child entitled to one- 1. Pedro Santillon died without a will, leaving his wife, Perfecta Miranda and half of the intestate estate. one son, Claro. a. When an intestacy occurs, a surviving spouse concurring with only one legitimate child of the deceased is entitled to 2. 4 years after Pedros death, Claro filed a petition for letters of one-half of the estate of the deceased spouse under Art. 996 administration which was opposed by his mother and spouses Benito of the Civil Code. Miranda and Rosario Corrales. DISPOSITION: The appealed decision is affirmed. No costs in this instance. 3. Upon partition, Claro filed a motion to declare share of heirs and to resolve conflicting claims of the parties invoking Art.892 of the New Civil Code insisting that after deducting from the conjugal properties
Alan K. Lauckner v. United States v. John Hug Paul E. Costello Thomas J. Giacomaro Umberto J. Guido, Jr. William McGlynn Leonard A. Pellulo, Counterclaim, 68 F.3d 69, 3rd Cir. (1995)