3. Instalación
3.8 Instalación del cable guía
February 6, 2001
HELD:
Succession laws and jurisprudence require thatwhen a marriage is dissolved by the death of the husband or the wife, the decedent‘s entire estate – under the concept of conjugal properties of gains -- must be divided equally, with one half going to the surviving spouse and the other half to the heirs of the deceased. After the settlement of the debts and obligations, the remaining half of the estate is then distributed to the legal heirs, legatees and devices.
SUBSECTION 4
Surviving Spouse
ARTICLE 995
. In the absence of legitimate descendantsand ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under Article 1001. (946a)
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CALISTERIO vs. CALISTERIO
APRIL 6, 2000
FACTS:
Teodorico died intestate and was survived by hiswife, Marietta. Teodorico was the 2ndhusband of Marietta who had been previously married to James, who disappeared without a trace. Teodorico and Marietta were married without having secured a court declaration that James was presumptively dead. Antonia, surviving sister of Teodorico, claiming to be sole surviving heir of Teodorico, alleged that the marriage between Teodorico and Marieta was bigamous and thus, null and void.
HELD:
The 2nd marriage, having been contracted duringthe regime of the Civil Code, is valid notwithstanding the absence of a judicial declaration of presumptive death of James.
The conjugal property of Teodorico and Marietta, no evidence having been adduced to indicate another property regime between the spouses, pertains to them in common. Upon the dissolution with the death of Teodorico, the property should be divided into 2 equal portions: one portion to the surviving spouse and the other portion to the estate of the deceased spouse. The successional right in intestacy of a surviving spouse over the net estate of the deceased, concurring with the legitimate brothers and sisters or nephews and nieces (the latter by right of representation), is ½ of the inheritance, the brother and sisters or nephews and nieces, being entitled to the other half. Brothers and sisters exclude nephews and nieces except only in representation by the latter of their parents who predeceased or are incapacitated to succeed.
ARTICLE 996.
If a widow or widower and legitimatechildren or descendants are left, the surviving spouse has in the succession the same share as that of each of the children. (834a)
ARTICLE 997.
When the widow or widower surviveswith legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. (836a)
ARTICLE 998.
If a widow or widower survives withillegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half. (n)
ARTICLE 999.
When the widow or widower surviveswith legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child. (n)
ARTICLE 1000.
If legitimate ascendants, the survivingspouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth. (841a)
DEL ROSARIO vs. CONANAN
MARCH 30, 1977
FACTS:
The deceased died intestate leaving his wife, hislegitimate mother and an adopted d aughter.
HELD:
Wife gets ¼, the adopted daughter gets ¼ andthe legitimate mother gets ½. The adopted child gets the rights of an acknowledged natural child (illegitimate), not that of a legitimate child, otherwise, the legitimate
ascendant (the mother) would be excluded. The
presence of the adopted child do es not exclude the legitimate parent or ascendant.
ARTICLE 1001.
Should brothers and sisters or theirchildren survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. (953, 837a)
ARTICLE 1002.
In case of a legal separation, if thesurviving spouse gave cause for the separation, he or she shall not have any of the rights granted in the preceding articles. (n)
SUBSECTION 5
Collateral Relatives
ARTICLE 1003.
If there are no descendants, ascendants,illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. (946a)
BARANDA vs. BARANDA
MAY 20, 1987
FACTS:
Paulina died intestate without leaving any directdescendants, ascendants or compulsory heirs. She was survived by her 2 brothers and several nephews and nieces, including private respondents as well as petitioners who are children of 2 deceased brothers and a sister.
HELD:
As heirs, petitioners have the legal standing tochallenge the deeds of sale purportedly signed by Paulina, for otherwise, property claimed to belong to her estate, will be excluded therefrom to their prejudice. Their claims are not merely contingent or expectant. While they are not compulsory heirs, they are nonetheless legitimate heirs and so, since they stand to be benefited or injured by the judgment or suit, and are thus, entitled to protect their share
of a successional right.
There being no pending special proceeding for the settlement of the Paulina‘s estate, the petitioners, as intestate heirs, had the right to sue for the reconveyance of the disputed properties, not to them, but to the estate itself of the decedent, for the distribution later in accordance with law.
ARTICLE 1004.
Should the only survivors be brothers andsisters of the full blood, they shall inherit in equal shares. (947)
ARTICLE 1005
. Should brothers and sisters survivetogether with nephews and nieces, who are the children of the descendant's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes. (948)
ARTICLE 1006.
Should brothers and sisters of the fullblood survive together with brothers and sisters of the half blood, the former shall be entitled to a share double that of the latter. (949)
BICOMONG vs. ALMANZA
NOVEMBER 29, 1977
FACTS:
The deceased had a sister of the full blood and abrother and 2 sisters of the half-blood, all of whom had predeceased her. Surviving were: (a) a daughter of her sister of the full blood, and (b) 10 children of her brother and 2 sisters of the half-blood.
HELD:
The niece of the whole blood gets a share double ofthat of each of the nephews and nieces of the half-blood. All of them inherit in their own right, and not by the right of representation because the nephews and nieces here do not concur with any brother or sister of the deceased. The relative of the full blood does not exclude the relatives of the half-blood.
ARTICLE 1007
. In case brothers and sisters of the half–
are the only survivors, all shall inherit in equal shares without distinction as to the origin of the property. (950)
ARTICLE 1008
. Children of brothers and sisters of thehalf blood shall succeed per capita or per stirpes, in accordance with the rules laid down for brothers and sisters of the full blood. (915)
ARTICLE 1009.
Should there be neither brothers norsisters, nor children of brothers or sisters, the other collateral relatives shall succeed to the estate.
The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood. (954a)
ARTICLE 1010.
The right to inherit ab intestato shall notextend beyond the fifth degree of relationship in the collateral line. (955a)
SUBSECTION 6
The State
ARTICLE 1011.
In default of persons entitled to succeedin accordance with the provisions of the preceding Sections, the State shall inherit the whole estate. (956a)
ARTICLE 1012
. In order that the State may takepossession of the property mentioned in the preceding article, the pertinent provisions of the Rules of Court must be observed. (958a)
ARTICLE 1013.
After the payment of debts and charges,the personal property shall be assigned to the municipality or city where the deceased last resided in the Philippines, and the real estate to the municipalities or cities, respectively, in which the same is situated.
If the deceased never resided in the Philippines, the whole estate shall be assigned to the respective municipalities or cities where the same is located.
Such estate shall be for the benefit of public schools, and public charitable institutions and centers, in such municipalities or cities. The court shall distribute the estate as the respective needs of each beneficiary may warrant.
The court, at the instance of an interested party, or on its own motion, may order the establishment of a permanent trust, so that only the income from the property shall be used. (956a)
ARTICLE 1014.
If a person legally entitled to the estateof the deceased appears and files a claim thereto with the court within five years from the date the property was delivered to the State, such person shall be entitled to the possession of the same, or if sold, the municipality or city shall be accountable to him for such part of the proceeds as may not have been lawfully spent. (n)