Salao v. Salao
G.R. No. L-26699 March 16, 1976
FACTS:
The spouses Manuel Salao and Valentina Ignacio of Barrio Dampalit, Malabon, Rizal begot four children named Patricio, Alejandra, Juan and Ambrosia. Manuel Salao died in 1885. His eldest son, Patricio, died in 1886 survived by his only child. Valentin Salao. His widow died on May 28, 1914. After her death, her estate was administered by her daughter Ambrosia. It was partitioned extrajudicially in a notarized deed. The deed was signed by her four legal heirs, namely, her three children, Alejandra, Juan and Ambrosia, and her grandson, Valentin Salao, in representation of his deceased father, Patricio. Prior to the death of Valentina Ignacio her two children, Juan Y. Salao, Sr. and Ambrosia Salao, secured a Torrens title in their names for a forty-seven-hectare Calunuran fishpond. Juan Y. Salao, Sr. died on November 3, 1931 at the age of eighty years. His nephew, Valentin Salao, died on February 9, 1933 at the age of sixty years according to the death certificate. The intestate estate of Valentin Salao was partitioned extrajudicially between his two daughters, Benita Salao-Marcelo and Victorina Salao-Alcuriza. His estate consisted of the two fishponds which he had inherited in 1918 from his grandmother, Valentina Ignacio. Ambrosia Salao donated to her grandniece, plaintiff
Benita Salao, three lots. It was only after Ambrosia Salao’s death that she thought of
filing an action for the reconveyance of the Calunuran fishpond which was allegedly held in trust and which had become the sole property of Juan Salao y Santiago.
During the Japanese occupation and about a year before Ambrosia Salao’s death on September 14, 1945 due to senility, she donated her one-half proindiviso share in the two fishponds in question to her nephew, Juan S. Salao, Jr. At that time she was living with Juani’s family. He was already the owner of the the other half of the said fishponds, having inherited it from his father, Juan Y. Salao, Sr. The deed of denotion included other pieces of real property owned by Ambrosia.
ISSUE:
WON plaintiffs have successional rights to Ambrosia’s share.
RULING:
No. The plaintiffs would not have any successional rights to Ambrosia’s share. The sole legal heir of Ambrosia was her nephew, Juan, Jr., her nearest relative within the third degree. Valentin Salao, if living in 1945 when Ambrosia died, would have been also her legal heir, together with his first cousin, Juan, Jr. (Juani). Benita Salao, the daughter of Valentin, could not represent him in the succession to the estate of Ambrosia since in the collateral line, representation takes place only in favor of the children of brothers or sisters whether they be of the full or half blood is (Art 972, Civil Code). The nephew excludes a grandniece like Benita Salao or great-gandnephews like the plaintiffs Alcuriza.
