Verdad v. Court of Appeals
G.R. No. 109972. April 29, 1996
Socorro Rosales is the widow of David Rosales who himself, some time after
Macaria’s death, died intestate without an issue.
In an instrument, dated 14 June 1982, the heirs of Ramon Burdeos, namely, his
widow Manuela Legaspi Burdeos and children Felicidad and Ramon, Jr., sold to
petitioner Zosima Verdad (their interest on) the disputed lot supposedly for the price of
P55,460.00. In a duly notarized deed of sale, dated 14 November 1982, it would
appear, however, that the lot was sold for only P23,000.00. Petitioner explained that
the second deed was intended merely to save on the tax on capital gains
Socorro discovered the sale on 30 March 1987 while she was at the City
Treasurer’s Office. On 31 March 1987, she sought the intervention of the Lupong
Tagapayapa of Barangay 9, Princess Urduja, for the redemption of the property. She
tendered the sum of P23,000.00 to Zosima. The latter refused to accept the amount for
being much less than the lot’s current value of P80,000.00.
ISSUE: Can Socorro exercise the right to redeem the property?
Yes. It is true that Socorro, a daughter-in-law (or, for that matter, a mere relative by
affinity), is not an intestate heir of her parents-in-law; however, Socorro’ s right to the
property is not because she rightfully can claim heirship in Macaria’s estate but that she
is a legal heir of her husband, David Rosales, part of whose estate is a share in his
mother’s inheritance.
David Rosales, incontrovertibly, survived his mother’s death. When Macaria died
on 08 March 1956 her estate passed on to her surviving children, among them David
Rosales, who thereupon became co-owners of the property. When David Rosales
himself later died, his own estate, which included his undivided interest over the
property inherited from Macaria, passed on to his widow Socorro and her co-heirs
pursuant to the law on succession
