Case Summary (G.R. No. 181409)
Procedural History and Trial Court Orders
On July 10, 1971, Magna Rosales Acebes initiated Special Proceedings No. 3204-R for settlement of Petra’s estate and was appointed administratrix. By orders of June 16, 1972 and February 4, 1975, the Court of First Instance of Cebu declared Fortunato, Magna, Macikequerox and Antonio as the sole legal heirs, each to receive one-fourth of the estate. Petitioner moved for reconsideration, which was denied, prompting this petition for review.
Issues Presented
- Whether a widow (surviving spouse) may inherit intestate from her mother-in-law.
- Whether the trial court’s orders excluding the widow are final as to her.
Applicable Law on Intestate Succession
Under the Civil Code (Articles 978–1014):
- Children inherit in their own right (Art. 980).
- Descendants of predeceased children inherit by right of representation (Art. 981).
- Grandchildren inherit by representation (Art. 982).
- A widow sharing with legitimate children inherits the same share as a legitimate child—but only in the estate of her deceased spouse (Art. 999).
Absence of Spousal Succession from Parent-in-Law
The Code’s detailed list of intestate heirs omits any provision granting a daughter-in-law or widow the status of heir of her late spouse’s parent. Had the legislature intended such a right, it would have been expressly included.
Compulsory Heirs and In-Law Relationship
Article 887(3) classifies the widow or widower as compulsory heirs, but only in the estate of the deceased spouse. Jurisprudence (Lachenal v. Salas) confirms that a child-in-law is treated as a third party to the parent-in-law’s succession, not as an heir.
Doctrine of Right of Representation
Representation, defined in Articles 970–9
...continue readingCase Syllabus (G.R. No. 181409)
Procedural History
- Petition for Review filed from two Orders of the Court of First Instance of Cebu in Special Proceedings No. 3204-R.
- Magna Rosales Acebes instituted settlement proceedings on July 10, 1971; appointed administratrix of the estate.
- Trial court Orders (June 16, 1972; February 4, 1975) declared legal heirs and prescribed shares: Fortunato T. Rosales (husband) – ¼; Magna R. Acebes (daughter) – ¼; Macikequerox Rosales (grandson) – ¼; Antonio Rosales (son) – ¼.
- Irenea C. Rosales, widow of predeceased son Carterio Rosales, sought reconsideration to claim a share as compulsory heir of her mother-in-law.
- Trial court denied her motion; she brought the petition to the Supreme Court.
Facts
- Decedent: Petra V. Rosales, died intestate on February 26, 1971, in Cebu City; estate valued at approximately ₱30,000.
- Surviving heirs by blood: husband Fortunato T. Rosales; children Magna Rosales Acebes and Antonio Rosales.
- Predeceased child: Carterio Rosales, survived by a son Macikequerox Rosales and widow Irenea C. Rosales (petitioner).
- Probate proceedings resulted in exclusion of petitioner from inheritance shares.
Issues
- Can a widow (surviving spouse) inherit from her mother-in-law under Philippine intestate succession law?
- Are the trial court’s Orders excluding the widow from the estate final and binding against her?
Relevant Legal Provisions
- Civil Code Articles 978–1014: Order of intestate succession.