IRENEA C. ROSALES VS. FORTUNATO ROSALES

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

INTESTATE ESTATE OF PETRA V. ROSALES. 

IRENEA C. ROSALES VS. FORTUNATO ROSALES, MAGNA ROSALES ACEBES, MACIKEQUEROX ROSALES AND ANTONIO ROSALES

FACTS: Mrs. Petra V. Rosales, a resident of Cebu City, died intestate.  She was survived by her husband Fortunato T. Rosales and their 2 children Magna Rosales Acebes and Antonio Rosales.  Another child, Carterio Rosales, predeceased her, leaving behind a child, Macikequerox Rosales, and his widow Irenea C. Rosales, the herein petitioner. In the course of the intestate proceedings, the trial court issued an Order declaring the following individuals the legal heirs of the deceased and prescribing their respective share of the estate —Fortunato T. Rosales (husband), ¼; Magna R. Acebes (daughter), ¼; Macikequerox Rosales, ¼' and Antonio Rosales (son), ¼. These Orders notwithstanding, Irenea Rosales 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 together with her son, Macikequerox Rosales.

ISSUE: Whether the widow whose husband predeceased his mother can inherit from the latter, her mother-in-law.

RULING: NO. 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 entire Code is devoid of any provision which entitles her to inherit from her mother-in-law either by her own right or by the right of representation. If the legislature intended to make the surviving spouse an intestate heir of the parent-in-law, it would have so provided in the Code.

Petitioner however contends that at the time of the death of her husband Corterio Rosales he had an inchoate or contingent right to the properties of Petra Rosales as compulsory heir.  Be that as it may, said right of her husband was extinguished by his death that is why it is their son Macikequerox Rosales who succeeded from Petra Rosales by right of representation.  He did not succeed from his deceased father, Carterio Rosales.