JOSE BARITUA AND EDGAR BITANCOR VS. HONORABLE COURT OF APPEALS

G.R. NO. 82233, March 22, 1990

JOSE BARITUA AND EDGAR BITANCOR VS. HONORABLE COURT OF APPEALS, NICOLAS NACARIO AND VICTORIA RONDA NACARIO

FACTS: Bienvenido Nacario, while driving a tricycle along the national highway figured in an accident with a bus owned and operated by petitioner Jose Baritua. As a result of that accident Bienvenido and his passenger died, and the tricycle was damaged. Subsequently, as a consequence of the extra-judicial settlement of the matter negotiated by the petitioners and the bus’ insurer, Bienvenido Nacario’s widow, Alicia, received P18,500.00. About one year and ten months from the date of the accident, the private respondents, who are the parents of Bienvenido Nacario, filed a complaint for damages against the petitioners alleging that the petitioners promised them that as extra-judicial settlement, they shall be indemnified for the death of their son. Petitioners, however, negotiated and settled instead their obligations with the long-estranged wife of their late son. After trial, the court a quo dismissed the complaint, holding that the payment by the petitioners to the widow and her child, who are the preferred heirs and successors-in-interest of the deceased Bienvenido to the exclusion of his parents, the private respondents, extinguished any claim against the defendants.

ISSUE: Whether petitioners are still liable to pay the private respondents despite the agreement of extrajudicial settlement between the petitioners and the victim’s compulsory heirs.

RULING: NO. There is no denying that the petitioners had paid their obligation arising from the accident that occurred on November 7, 1979.  The only question now is whether or not Alicia, the surviving spouse and the one who received the petitioners’ payment, is entitled to it. Certainly there can be no question that Alicia and her son with the deceased are the successors in interest referred to in law as the persons authorized to receive payment. It is patently clear that the parents of the deceased succeed only when the latter dies without a legitimate descendant.  On the other hand, the surviving spouse concurs with all classes of heirs.  As it has been established that Bienvenido was married to Alicia and that they begot a child, the private respondents are not successors-in-interest of Bienvenido; they are not compulsory heirs.  The petitioners therefore acted correctly in settling their obligation with Alicia as the widow of Bienvenido and as the natural guardian of their lone child.  This is so even if Alicia had been estranged from Bienvenido.  Mere estrangement is not a legal ground for the disqualification of a surviving spouse as an heir of the deceased spouse.


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