Case Digest (G.R. No. L-40789) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Intestate Estate of Petra V. Rosales, G.R. No. L-40789, decided on February 27, 1987, petitioner Irenea C. Rosales, widow of Carterio Rosales (predeceased son of decedent Petra V. Rosales), sought a share of her mother-in-law’s estate. Petra V. Rosales died intestate on February 26, 1971 in Cebu City, leaving her husband Fortunato T. Rosales, two surviving children Magna R. Acebes and Antonio Rosales, and a predeceased son Carterio Rosales who left a son, Macikequerox Rosales, and widow Irenea C. Rosales. On July 10, 1971, Magna R. Acebes filed Special Proceedings No. 3204-R in the Court of First Instance of Cebu to settle the estate; she was appointed administratrix, and by orders dated June 16, 1972 and February 4, 1975 the trial court declared Fortunato, Magna, Macikequerox (by right of representation) and Antonio as the only heirs, each entitled to one-fourth of the estate valued at Thirty Thous Case Digest (G.R. No. L-40789) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Decedent’s profile and family relations
- On February 26, 1971, Petra V. Rosales died intestate in Cebu City.
- She was survived by her husband, Fortunato T. Rosales, and two children, Magna Rosales Acebes and Antonio Rosales.
- A third child, Carterio Rosales, predeceased the decedent; he had one child, Macikequerox Rosales, and was survived by his widow, Irenea C. Rosales (the petitioner).
- Settlement proceedings in the Court of First Instance of Cebu
- On July 10, 1971, Magna Rosales Acebes filed Special Proceedings No. 3204-R to settle the estate (gross value: ₱30,000.00) and was appointed administratrix.
- By Order dated June 16, 1972 (reiterated February 4, 1975), the trial court declared as legal heirs of Petra Rosales and fixed their shares:
- Fortunato T. Rosales (husband) – 1/4
- Magna Rosales Acebes (daughter) – 1/4
- Macikequerox Rosales (grandson) – 1/4
- Antonio Rosales (son) – 1/4
- Petitioner’s claim and trial court’s denial
- Irenea C. Rosales claimed a share of her mother-in-law’s estate as the surviving spouse of Carterio, asserting she was a compulsory heir together with her son.
- The trial court denied her motion for reconsideration, prompting this petition for review.
Issues:
- Is a widow (surviving spouse) an intestate heir of her mother-in-law?
- Are the trial court’s orders excluding the widow from the estate final as against her?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)