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Intestate Estate of Petra V. Rosales. Irenea C. Rosales v. Fortunato Rosales, Et. Al. G.R. No. L-40789, February 27, 1987 Facts

1) Petra Rosales died intestate in 1971 and was survived by her husband and two children. One child predeceased her, leaving behind a widow named Irenea and a child. 2) Irenea claimed she was entitled to inherit from Petra as her mother-in-law. 3) The court ruled that under Philippine law, a widow is not considered an intestate heir of her mother-in-law, and Irenea was not entitled to inherit from Petra's estate.

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53 views1 page

Intestate Estate of Petra V. Rosales. Irenea C. Rosales v. Fortunato Rosales, Et. Al. G.R. No. L-40789, February 27, 1987 Facts

1) Petra Rosales died intestate in 1971 and was survived by her husband and two children. One child predeceased her, leaving behind a widow named Irenea and a child. 2) Irenea claimed she was entitled to inherit from Petra as her mother-in-law. 3) The court ruled that under Philippine law, a widow is not considered an intestate heir of her mother-in-law, and Irenea was not entitled to inherit from Petra's estate.

Uploaded by

Gil Yap
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Intestate Estate of Petra V. Rosales.

Irenea C. Rosales v. Fortunato Rosales, et. al.


G.R. No. L-40789, February 27, 1987

FACTS:

On February 26, 1971, Mrs. Petra Rosales died intestate. She was survived by her
husband Fortunato Rosales and their two children Magna Rosales Acebes and Antonio
Rosales. Another child, Carterio Rosario, predeceased her, leaving behind a child,
Macikequerox Rosales, and his widow Irenea C. Rosales, the herein
petitioner. MagnaRosales Acebes instituted the proceedings for the settlement of the
estate of the deceased. The trial court ordered that Fortunato, Magna, Macikequerox
and Antonio be entitled each to ¼ share in the estate of decedent. Irenea, on the other
hand, insisted in getting a share of the estate in her capacity as the surviving spouse of
the late Carterio Rosales, son of the deceased, claiming that she is a compulsory heir of
her mother-in-law.

ISSUE:

Whether or not Irenea is entitled to inherit from her mother-in-law.

RULING:

No. Under the law, intestate or legal heirs are classified into two groups, namely, those
who inherit by their own right, and those who inherit by the right of
representation. There is no provision in the Civil Code which states that a widow
(surviving spouse) is an intestate heir of her mother-in-law. The law has already
meticulously enumerated the intestate heirs of a decedent. The Court held that Irenea
misinterpreted the provisionof Article 887 because the provision refers to the estate of
the deceased spouse in which case the surviving spouse is a compulsory heir. It does
not apply to the estate of a parent-in-law. Therefore, the surviving spouse is considered
a third person as regards the estate of the parent-in-law.

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