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Heirs of Uriarte vs. CA
Heirs of Uriarte vs. CA
HEIRS OF PASCASIO URIARTE, namely, Justa's father, Juan Arnaldo, were brothers.
ROSELYN URIARTE, MADRILYN and LOURDES Petitioners are thus grandchildren, the relatives within
URIARTE, and FELOMINA BUNIEL URIARTE, and the fifth degree of consanguinity, of Justa by her
HEIRS OF PRIMITIVA ARNALDO and HEIRS OF cousin Primitiva Arnaldo Uriarte.
GREGORIO ARNALDO, represented herein by
FELISA ARNALDO SULLANO and LUPECINO The other petitioners are the children of Primitiva
ARNALDO, petitioners, and those of her brother Gregorio. The children of
vs. Primitiva by Conrado Uriarte, aside from Pascasio,
COURT OF APPEALS and BENEDICTO ESTRADA, are Josefina, Gaudencio, Simplicio, Domingo and
respondents. Virgilio, all surnamed Uriarte. The children of Gregorio
January 22, 1998 Arnaldo, Primitiva's brother, by Julieta Ilogon, are
Jorencio, Enecia, Nicolas, Lupecino and Felisa.
G.R. No.: 116775 Ponente: J. MENDOZA
These other petitioners are thus grandchildren and
relatives within the fifth degree of consanguinity of
Related Article: Tickler:
Justa by her cousins Gregorio Arnaldo and Primitiva
Arnaldo.
Clarese Velasco
3B [WILLS] Digests
As earlier stated, the land of Ambrosio Arnaldo which As a preliminary matter, petitioners contend that the
he left to his two nephews, Domingo and Juan Court of Appeals gravely abused its discretion in
Arnaldo, was only .5481 hectares, divided as follows: holding that private respondent is the son of
two-thirds or 3,654 square meters to Domingo, and Agatonica Arreza, who was the half-sister of Justa
one-third or 1,827 square meters to Juan. The area Arnaldo. Petitioners are raising this issue only now. It
increased to 2.7588 hectares from .5481 hectares is well-settled, however, that questions not taken up
because the adjacent lot of about two hectares was during the trial of a case cannot be raised for the first
acquired by Justa Arnaldo Sering, daughter of Juan time on appeal. With more reason, therefore, should
Arnaldo, after the latter's death. The entire 2.7588 such a question be disallowed when raised for the
hectares was covered by tax declaration in the name first time on appeal to this Court.
of Justa Arnaldo Sering. The latter however died
intestate and without issue. Her nearest surviving It is noteworthy that, in their brief before the Court of
relatives are the children of her uncle Domingo Appeals, petitioners admitted that private respondent
Arnaldo, to whom her entire estate passed on after is Justa's nephew, his mother, Agatonica, being
her death by operation of law, to the exclusion of all Justa's half-sister. Apparently they are now
other relatives. Thus, the rights to the succession are questioning private respondent's filiation because, as
transmitted from the moment of the death of the explained by the Court of Appeals, private respondent
decedent (Art. 277, Civil Code) is the nearest relative of Justa and, therefore, the only
one entitled to her estate.
CA Ruling:
Indeed, given the fact that 0.5 hectares of the land in
On appeal, the Court of Appeals reversed. Contrary question belonged to the conjugal partnership of
to the trial court's finding, the appellate court found Justa's parents, Justa was entitled to 0.125 hectares
that the 0.5 hectares had been acquired by Justa's of the half hectare land as her father's (Juan
parents, Juan Arnaldo and Ursula Tubil, during their Arnaldo's) share in the conjugal property, while
marriage. As the nephew of Justa by her half-sister petitioners are entitled to the other 0.125 hectares. In
Agatonica, private respondent was held to be entitled addition, Justa inherited her mother's (Ursula Tubil's)
to share in the estate of Justa. In the dispositive share consisting of 0.25 hectares. Plus the 2.2
portion of its decision the appellate court ordered: hectares which belonged to her in her own right, Justa
owned a total of 2.575 or 2.58 hectares of the 2.7 —
WHEREFORE, the judgment appealed from is hereby hectare land. This 2.58-hectare land was inherited by
REVERSED and another is hereby entered — private respondent Benedicto Estrada as Justa's
nearest surviving relative.
Ordering the partition of the property described in the
second amended complaint in the following manner: As the Court of Appeals held:
According to Article 962 of the Civil Code, In every
(1) .2500 hectare as the share of defendants- inheritance, the relative nearest in degree excludes
intervenors, and the more distant ones, saving the right of
representation when it properly takes place.
(2) 2.58 hectare as the share of the plaintiff.
Relatives in the same degree shall inherit in equal
For this purpose, the court a quo is hereby directed to shares, subject to the provisions of Article 1006 with
proceed with the partition in accordance with the respect to relatives of the full and half blood, and of
procedure laid down in Rule 69 of the Rules of Court. Article 987, paragraph 2, concerning division between
paternal and maternal lines.
Issue/s
Clarese Velasco
3B [WILLS] Digests
Disposition:
SO ORDERED.
Clarese Velasco