G.R. No. 116775 January 22, 1998
HEIRS OF PASCASIO URIARTE, namely, ROSELYN URIARTE, MADRILYN and LOURDES URIARTE, and FELOMINA BUNIEL URIARTE, and HEIRS OF PRIMITIVA ARNALDO and HEIRS OF GREGORIO ARNALDO, represented herein by FELISA ARNALDO SULLANO and LUPECINO ARNALDO, petitioners, vs. COURT OF APPEALS and BENEDICTO ESTRADA, respondents.

FACTS

Private respondent Benedicto Estrada filed a case for partition of a 2.7-hectare land left by Justa Arnaldo-Sering, who died intestate and without issue. Estrada claimed to be the sole surviving heir as the son of Agatonica Arreza, the half-sister of Justa (Justa’s mother, Ursula Tubil, had Agatonica from a first marriage to Pedro Arreza before marrying Juan Arnaldo, Justa’s father). He alleged that petitioner Pascasio Uriarte (who died during the case and was substituted by his heirs) was merely a tenant refusing to give him his share of the harvest. Petitioners, the heirs of Pascasio Uriarte and the heirs of Primitiva Arnaldo and Gregorio Arnaldo, claimed to be the rightful heirs. They asserted that the land was originally owned by Ambrocio Arnaldo, bequeathed via a holographic will to his nephews Domingo and Juan Arnaldo, and that they, as descendants of Domingo Arnaldo (brother of Juan), were the nearest relatives. They argued Estrada had no right as he was not an Arnaldo descendant. The trial court ruled in favor of petitioners, declaring them entitled to the entire land. The Court of Appeals reversed, holding Estrada as the nearest relative within the third degree of consanguinity and ordering partition: 0.2500 hectare to petitioners and 2.58 hectares to Estrada.

ISSUE

Who among the parties is entitled to the estate of Justa Arnaldo-Sering as her nearest relative under the rules of intestate succession?

RULING

The Supreme Court denied the petition and affirmed the decision of the Court of Appeals. The Court held that private respondent Benedicto Estrada, as the son of Justa’s half-sister Agatonica, is a nephew and a third-degree relative of Justa. Petitioners, being children of Justa’s cousins (Primitiva and Gregorio, who were children of Domingo Arnaldo, Justa’s uncle), are fifth-degree relatives. Applying Article 962 of the Civil Code, which states that the relative nearest in degree excludes the more distant ones, Estrada as the nearest surviving relative inherits to the exclusion of petitioners. The fact that Estrada is a half-blood relative is immaterial for disqualification; it only affects the computation of shares. The Court also noted that petitioners’ new issue questioning Estrada’s filiation was raised too late and was inadmissible. The 2.7-hectare land was properly classified: 0.5 hectares as conjugal property of Justa’s parents (Juan and Ursula), with Justa inheriting 0.125 ha from her father’s share (to which petitioners may have a claim) and 0.25 ha from her mother’s share, and 2.2 hectares as Justa’s exclusive acquisition. Justa’s total estate of 2.58 hectares passed entirely to Estrada as her nearest heir.