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Wills Notes - Part10

The document discusses two cases related to inheritance and succession. In the first case, nieces and nephews have legal capacity to sue as intestate heirs. In the second case, the plaintiff was found not to be a legal heir since she was a grandniece, so the extrajudicial partition agreement was void with respect to her.

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Nea Tan
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18 views1 page

Wills Notes - Part10

The document discusses two cases related to inheritance and succession. In the first case, nieces and nephews have legal capacity to sue as intestate heirs. In the second case, the plaintiff was found not to be a legal heir since she was a grandniece, so the extrajudicial partition agreement was void with respect to her.

Uploaded by

Nea Tan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Madarcos v de la Merced, 174 SCRA 599: ART. 972.

The right of representation


SIR: If the nieces and nephews has legal takes place in the direct descending
capacity to sue? line, but never in the ascending.
Q: who are legal heirs under the Public Land In the collateral line, it takes place only in
Act sec. 119? favor of the children of brothers or sisters,
A: Apply the rule under civil code. Here the whether they be of the full or half blood.
decedent died without a will, so intestate Much less could plaintiff-appellee inherit in
succession will apply. her own right.
So, here being intestate heirs, they have ART. 962. In every inheritance, the
capacity to sue. relative nearest in degree excludes the
more distant ones, saving the right of
De los Santos v de la Cruz, 37 SCRA 555: representation when it properly takes
On May 21, 1965, Gertrudes de los Santos place. ... .
filed a complaint for specific performance
against Maximo de la Cruz. In the present case, the relatives "nearest in
degree" to Pelagia de la Cruz are her nephews
Gertrudes de los Santos claimed, among and nieces, one of whom is defendant-
others, that on August 24, 1963, she and appellant. Necessarily, plaintiff-appellee, a
several co-heirs, including the defendant, grandniece is excluded by law from the
executed an extrajudicial partition agreement inheritance.
over a certain portion of land with an area of
around 20,000 sq. m.; that the parties thereto But what is the legal effect of plaintiff-
had agreed to adjudicate three lots to the appellee's inclusion and participation in the
defendant; that in spite of demands by the extrajudicial partition agreement insofar as
plaintiff, by the co-heirs, and by the residents her right to bring the present action is
of the subdivision, the defendant refused to concerned? They did not confer upon her the
perform his aforesaid obligation although he right to institute this action. The express
had already sold the aforesaid lots. purpose of the extrajudicial partition
agreement, as admitted by the parties in the
The defendant admitted the due execution of stipulation of facts, was to divide the estate
the extrajudicial partition agreement, but set among the heirs of Pelagia de la Cruz.
up the affirmative defenses that the plaintiff
had no cause of action against him because It is quite apparent that in executing the
the said agreement was void with respect to partition agreement, the parties thereto were
her, for the reason that the plaintiff was not laboring under the erroneous belief that
an heir of Pelagia de la Cruz, deceased owner plaintiff-appellee was one of the legal heirs of
of the property. Pelagia de la Cruz. Plaintiff-appellee not
being such a heir, the partition is void with
ISSUE: Whether Gertrudes Delos Santos is respect to her, pursuant to Article 1105 of the
an heir of the decedent. Civil Code, which reads:
ART. 1105. A partition which
RULING: includes a person believed to be an
No. Plaintiff-appellee being a mere heir, but who is not, shall be void only
grandniece of Pelagia de la Cruz, she could with respect to such person.
not inherit from the latter by right of
representation.

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