G.R. No. 118449, 11 February 1998, 286 SCRA 217


Spouses Rafael and Salud Nicolas have five children, namely: Estrellita Nicolas-Vizconde (wife of herein petitioner LauroVizconde); Antonio Nicolas; Ramon Nicolas; Teresita Nicolas de Leon; and Ricardo Nicolas, an incompetent. On June 30, 1991, Estrellita and her two daughters were killed. In an Extra-Judicial Settlement of the Estate of Deceased Estrellita, Rafael and Salud, together with petitioner Vizconde, inherited from Estrellita’s estate.

Subsequently, when Rafael died in 1992, an intestate estate proceeding was instituted by one of the heirs of Rafael. Private respondent Ramon, among other things, averred that petitioner should be impleaded as one of Rafael’s children “by right of representation as the widower of deceased legitimate daughter Estrellita.” Pursuant to the order of the probate court, petitioner filed a Manifestation contending that he was neither a compulsory heir nor an intestate heir of Rafael and he has no interest to participate in the proceedings. The trial court granted Ramon’s motion. The Court of Appeals affirmed the decision of the RTC.


Whether or not the inclusion of petitioner Vizconde in the intestate estate proceeding regarding Rafael’s estate is proper.


No. The enumeration of compulsory heirs in Article 887 of the Civil Code is exclusive, which negates the rulings of the RTC and CA that Lauro shall be included in the proceeding as a compulsory heir for he is only a son-in-law of decedent Rafael. Thus, petitioner who was not even shown to be a creditor of decedent is considered a third person or stranger. Petitioner may not be dragged into the proceeding herein instituted; neither may he be permitted to intervene as he has no personality or interest in the said proceeding. Thus, petition is granted.

*Case digest by Perigrino Varquez, LLB-IV, Andres Bonifacio College Law School, SY 2018-2019