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. Magna Rosales 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 provision of 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.
