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Grandniece's Inheritance Dispute

This case involves an extrajudicial partition agreement between heirs of Pelagia de la Cruz regarding the distribution of her estate. Maximo de la Cruz, a nephew of Pelagia, was given three lots in the agreement on the condition that he develop and subdivide the estate, but failed to do so. Gertrudes de los Santos, Pelagia's grandniece, filed a complaint against Maximo for specific performance. The lower court ruled Maximo was estopped from challenging Gertrudes' right to inherit. However, the Supreme Court found that as a grandniece, Gertrudes could not inherit from Pelagia by right of representation or in her own right, as the law gives inheritance to the nearest

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196 views1 page

Grandniece's Inheritance Dispute

This case involves an extrajudicial partition agreement between heirs of Pelagia de la Cruz regarding the distribution of her estate. Maximo de la Cruz, a nephew of Pelagia, was given three lots in the agreement on the condition that he develop and subdivide the estate, but failed to do so. Gertrudes de los Santos, Pelagia's grandniece, filed a complaint against Maximo for specific performance. The lower court ruled Maximo was estopped from challenging Gertrudes' right to inherit. However, the Supreme Court found that as a grandniece, Gertrudes could not inherit from Pelagia by right of representation or in her own right, as the law gives inheritance to the nearest

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tinct
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Gertrudes De Los SANTOS, plaintiff-appellee, vs.

Maximo De La CRUZ, defendant-appellant.


G.R. No. L-29192, February 22, 1971

FACTS:

Pelagia de la Cruz died intestate and without issue. She had a niece named
Marciana who is the mother of herein defendant, Maximo. Gertrudes, who is
Pelagia’s grandniece, and several co-heirs including Maximo, entered into an
Extrajudicial Partition Agreement purposely for the distribution of Pelagia’s
estate. They agreed to adjudicate three (3) lots to Maximo, in addition to his
share, on condition that the latter would undertake the development and
subdivision of the estate which was the subject matter of the agreement. Due to
Maximo’s failure to comply with his obligation, Gertrudes filed a complaint for
specific performance. In Maximo’s answer, he stated that Gertrudes had no
cause of action against him because the said agreement was void with respect to
her, for the reason that she was not an heir of Pelagia and was included in the
agreement by mistake. The lower court held that Maximo, being a party to the
extrajudicial partition agreement, was estopped from raising in issue the right of
the plaintiff to inherit from Pelagia, hence, he must abide by the terms of the
agreement. Maximo filed a Motion for New Trial but was denied. Hence, this
appeal.

ISSUE:

Whether or not, Gertrudes de los Santos, a grandniece of the decedent, is an


heir of the latter.

RULING:

Plaintiff-appellee being a mere grandniece of Pelagia de la Cruz, could not inherit


from the latter by right of representation.

Article 972. The right of representation takes place in the direct descending line,
but never in the ascending.

In the collateral line, it takes place only in favor of the children of brothers or
sisters, whether they be of the full or half blood.

Much less could plaintiff-appelle inherit in her own right.

Article 962. In every inheritance, the relative nearest in degree excludes the more
distant ones, saving the right of representation when it properly takes place.

In the present case, the relatives “nearest in degree” to Pelagia de la Cruz are
her nephews and nieces, one of whom is defendant-appellant. Necessarily,
plaintiff-appellee, a grandniece is excluded by law from the inheritance.

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