MEMORANDUM FOR THE RESPONDENT Respondent, through counsel, respectfully submits this memorandum to wit: PREFATORY STATEMENT The

representative is called to the succession by the law and not by the person represented. The representative does not succeed the person represented but the one whom the person represented would have succeeded. (Art. 971 of the New Civil Code) Compulsory heirs are the legitimate children and descendants, with respect to their legitimate parents and ascendants. (Art. 887 paragraph 1 of the New Civil Code) Should children of the deceased and descendants of other children who are dead, survive, the former shall inherit in their own right, and the latter by right of representation. (Art. 981 of the New Civil Code) STATEMENT OF THE CASE This is an action for the recovery of legitime (?) filed by Ireana Rosales against the estate of the late Mrs. Petra Rosales, claiming that she is a compulsory heir of the deceased being the surviving spouse of the deceaseds late son Carterion Rosales. STATEMENT OF THE FACTS On February 26. 1971, Mrs. Petra V. Rosales died intestate. She was survived by her husband Fortunate T. Rosales and their children Magna Rosales Acebes, Antonio Rosales and the late Carterio Rosales. Carterio Rosales predeceased Mrs. Petra V. Rosales, leaving behind a child, Macikequerox Rosales, and his widow Irenea C. Rosales, herein petitioner. The estate of the deceased 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 trial court appointed