Rosales v. Rosales

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Republic of the Philippines SUPREME COURT Manila EN BANC DECISION January 31, 1987 G.R. No. , , vs. , . , J.: In this Petition for Review of two (2) Orders of the Court of First Instance of Cebu the question raised is whether the widow whose husband predeceased his mother can inherit from the latter, her mother-in-law. It appears from the record of the case that on February 26, 1971, Mrs. Petra V. Rosales, a resident of Cebu City, died intestate. She was survived by her husband Fortunate T. Rosales and their two (2) children Magna Rosales Acebes and Antonio Rosales. Another child, Carterio Rosales, predeceased her, leaving behind a child, Macikequerox Rosales, and his widow Irenea C. Rosales, the herein petitioner. The estate of the dismissed has an estimated gross value of about Thirty Thousand Pesos (P30,000.00). On July 10, 1971, Magna Rosales Acebes instituted the proceedings for the settlement of the estate of the deceased in the Court of First Instance of Cebu. The case was docketed as Special Proceedings No. 3204-R.

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Rosales v. Rosales

Transcript of Rosales v. Rosales

Republic of the PhilippinesSUPREME COURTManilaEN BANCDECISIONJanuary 3! "#$%&R& No& ! !'s&! &, J.:In this Petition for Re'ie( of t(o )*+ Or,ers of the Court of -irst Instance of Cebu the.uestion raise, is (hether the (i,o( (hose husban, pre,ecease, his /other can inherit fro/ the latter! her /other0in0la(&It appears fro/ the recor, of the case that on -ebruary *1! "$! Mrs& Petra 2& Rosales! a resi,ent of Cebu City! ,ie, intestate& She (as sur'i'e, by her husban, -ortunate 3& Rosales an, their t(o )*+ chil,ren Ma4na Rosales Acebes an, Antonio Rosales& Another chil,! Carterio Rosales! pre,ecease, her! lea'in4 behin, a chil,! Maci5e.uero6 Rosales! an, his (i,o( Irenea C& Rosales! the herein petitioner& 3he estate of the ,is/isse, has an esti/ate, 4ross 'alue of about 3hirty 3housan, Pesos )P37!777&77+&On July 7! "$! Ma4na Rosales Acebes institute, the procee,in4s for the settle/entof the estate of the ,ecease, in the Court of -irst Instance of Cebu& 3he case (as ,oc5ete, as Special Procee,in4s No& 3*780R& 3hereafter! the trial court appointe, Ma4na Rosales Acebes a,/inistratri6 of the sai, estate&In the course of the intestate procee,in4s! the trial court issue, an Or,er ,ate, June 1! "$* ,eclarin4 the follo(in4 in in,i'i,uals the le4al heirs of the ,ecease, an, prescribin4 their respecti'e share of the estate 9-ortunata 3& Rosales )husban,+! :8; Ma4na R& Acebes ),au4hter+! :8; Maci5e.uero6 Rosales! :8; an, Antonio Rosales son! :8&3his ,eclaration (as reiterate, by the trial court in its Or,er I ,ate, -ebruary 8! "$