Case Summary (G.R. No. 224144)
Petitioner and Respondent
Maria Juana Ugarte e Iturralde is the respondent, seeking recognition as the legitimate heir of Ramon Iturralde. Carmen Linart y Pavia, the petitioner, asserts her right to a share of the estate through her father, Pablo Linart, who was a collateral relative of the deceased.
Applicable Law
The Civil Code provisions relevant to this case include Article 921, which states that the relative nearest in degree excludes those more distant, and Article 925, which addresses the right of representation in the collateral line, applicable to the children of brothers or sisters.
Background of the Case
Following Ramon Iturralde's intestate death, Maria Juana Ugarte was declared the lawful heir on January 31, 1901, after she claimed inheritance without opposition. However, in December 1904, Carmen Linart, through her guardian Rafaela Pavia, claimed half of the estate and sought an accounting from Ugarte, despite Ugarte's prior declaration as the sole heir.
Legal Arguments
Carmen Linart argued that she should inherit by representation, claiming that she, as a grandniece, should receive the same share as her aunt, Maria Juana Ugarte, despite being a generation lower in the line of succession. The court at first instance ruled in her favor, allowing her participation in the estate.
Court's Findings
The higher court examined the legal provisions and determined that the existing law excluded grandnieces from sharing in the inheritance with their aunts. Specifically, the court highlighted that representation in intestate succession only benefits the direct descendants of siblings of the deceased. Since Carmen Linart was a grandniece, her claim did not meet the criteria for representation under the law.
Comparison to Previous Jurisprudence
The court referenced prior rulings from the Supreme Court of Spain, clarifying that in intestate cases, the intention of the deceased as articulated in any will does not apply since there is no will to express such intent. It emphasized
...continue readingCase Syllabus (G.R. No. 224144)
Background of the Case
- Ramon Iturralde y Gonzalez passed away intestate on December 28, 1900.
- Maria Juana Ugarte e Iturralde applied to be declared the legitimate heir of the deceased, claiming to be his niece.
- No legitimate heirs were found in the direct ascendant or descendant line of succession.
- Maria Juana Ugarte was declared the heir on January 31, 1901, following the intestate proceedings.
Claim by Carmen Linart
- In December 1904, Carmen Linart, through her guardian Rafaela Pavia, claimed a one-half share of the estate.
- Carmen Linart acknowledged Maria Juana Ugarte’s declaration as the lawful heir but sought an accounting of the estate's property.
- Carmen's father, Pablo Linart, was a collateral descendant, being the legitimate son of Maria Josefa Iturralde y Gonzalez, a sister of Ramon.
Legal Arguments Presented
- Carmen Linart argued that as a grandniece, she was entitled to a share of the estate through her father by representation.
- The lower court ruled in favor