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  • Gertrudes de Los SANTOS Vs Dela Cruz

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    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

    Original Description:

    G.R. No. L-29192

    Original Title

    Gertrudes de Los SANTOS vs Dela Cruz

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    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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    154 views1 page

    Gertrudes de Los SANTOS Vs Dela Cruz

    Uploaded by

    tinct
    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

    Copyright:

    © All Rights Reserved
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    of 1

    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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