REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 11th JUDICIAL REGION CITY OF KORONADAL, SOUTH COTABATO

HEIRS OF CATALAINA ALMARES CABRERA-LOPEZ, represented by RAQUIL LOPEZ CODILAN AND HEIRS OF EMILIANA ALMARES CABRERA-TORREJOS, represented by ROMEO CABRERA TORREJOS Plaintiffs

CIVIL CASE NO. 1885-24

versus

ACTION FOR SETTLEMENT OF THE ESTATE OF VERRONICA A. CABRERA, ETC.

GUALBERTO ALMARES CABRERA and LEONIDA CABRERA-LUMANTA, Defendants. x---------------------------------------------------x

ORDER

This Complaint designated as action for the settlement of the estate of VERONICA A. CABRERA, who is a resident of the Poblacion of South Cotabato was filed by the Heirs of Catalina Almares Cabrera-Lopes and the Heirs of Emeliana Almares Cabrera-Torrejos represented by Raquil Lopez Codilan and Romeo Cabrera Torrejos, respectively.

The Complaint prays for the partition of the intestate estate of Veronica A. Cabrera among the latters surviving brothers and sisters and two (2) deceased sisters and the issuance of preliminary injunction with damages. The said Complaint states, among others that:

3.

VERONICA ALMARES CABRERA die3d on July 26, 2008 at her residence in Poblacion Tampakan,South Cotabato. She is unmarried/ single with no children. She is the oldest among the children of BASILIO CABRERA and MARGARITA ALMARES. Her siblings are the following: 1. CATALINA ALMARES CABRERA-LOPEZ (Pre-deceased VERONICA A. CABRERA); 2. NATIVIDAD ALMARES CABRERA; 3. EMELIANA ALMARES CABRERATORREJOS (Pre-deceased VERONICA A. CABRERA); 4. GUALBERTO ALMARES CABRERA; 5. LEON ALMARES CABRERA and LEONIDA ALMARES CABRERA-LUMANTA; A copy of the Death Certificate is hereto attached as Annex A; CATALINA ALMARES CABRERA-LOPEZ who is married to RODOLFO LOPEZ, SR. died on October 17, 2007 while EMELIANA ALMARES CABRERA TORREJOS who is married to ALFONSO TORREJOS died on August 29, 1992, which means that they pre-deceased VERONICA A. CABRERA. The plaintiffs are the children of CATALINA ALMARES

4.

CABRERA-LOPEZ and EMELIANA ALMARES CABRERATORREJOS. The children of the former are the following Namely: 1. HELEN CABRERA LOPEZ; 2. CRISTINA CABRERA LOPEZ-AGULLANA; 3. RODOLFO CABRERA LOPEZ, JR. and RAQUIL CABRERA LOPEZ-CODILAN. The children of the latter are the following namely: 1. ELMER CABRERA TORREJOS and 2. ROMEO CABRERA TORREJOS; Copies of the Death Certificates of CATALINA ALMARES CABRERA-LOPEZ and EMELIANA ALMARES CABRERATORREJOS, their marriage contracts and the Certificates of Live Birth of their children are hereto attached as Annexes B, C, D, E, F, G, H, I, J and K; 5. VERONICA ALMARES CABRERA left no will and no debts And the heirs are all of age. For reasons best known to Themselves, the defendants refused to give the shares of the Plaintiffs in the estate of VERONICA ALMARES CABRERA. Besides, they occupied some of the properties and introduced Improvements; The decedent left the following properties: 1. A parcel of land Known as Lot No. 186-C-1, Psd-12-052830 containing an area Of THIRTY TWO THOUSAND FIVE HUNDRED (32,500) Square Meters, more or less, covered by TCT No. T-129075; 2. A parcel of land known as Lot No, 186-C-2, Psd-12-052830, Containing an area of TWENTY FIVE THOUSAND EIGHT HUNDRED FORTY NINE (25,849) Square Meters, more or Less, covered by TCT No. T-129076; 3. Time Deposit Account At Banco De Oro, Koronadal Branch; 4. Time Deposit Account At Philippine National Bank,Koronadal Branch; 5. Savings Deposit at Rural Bank of Tampakan, South Cotabato; 6. Three (3) residential houses; 7. Household appliances and 8. Cash In the possession of the decedent while she died; Copies of the Titles are hereto attached as Annexes L and M.

6.

In their Answer with Counterclaim, defendants admit the allegations in the Complaint except the indebtedness of the intestate estate in question. Defendants claim that the estate of the late Veronica A. Cabrera is heavily indebted to personal creditors. They also posit that plaintiffs have no right to demand partition of the estate of Veronica.

The defendants during the scheduled hearing of the case on February 12, 2013, manifested that they are willing to give plaintiffs a portion of the estate of the late Veronica A. Cabrera. Efforts were made towards a compromise but failed as the he proposal was not accepted by the plaintiffs. The defendants, on February 20, 2013, filed their manifestation before this Honorable Court reiterating their contention that the plaintiffs are not entitled to inherit the properties of the decedent Veronica Almares Cabrera on the ground that their ascendants Catalina Cabera Lopez and Emeliana Cabrera Torrejos died before Veronica Cabrera. Relying on the provision of Article 856 of the Civil Code of the Philippines, defendants contend that the parents of the plaintiffs transmit nothing to them.

On March 6, 2013, the plaintiffs submitted their comment on the manifestation submitted by the defendants, stating, inter alia, that the contention of the defendants is erroneous and baseless and that the case is governed by the provisions on Intestate succession because the decedent Veronica A. Cabrera died without a will.

The FACTS in this case are admitted by both parties. What is left for this Court is for the resolution on a LEGAL issue that is, whether or not the plaintiffs are entitled to inherit the properties and the judicial settlement of the estate of the decedent, VERONICA ALMARES CABRERA, who died intestate.

The New Civil Code of the Philippines (NCC), not the Family Code, governs the issues on inheritance. Testate or testamentary succession refers to situations where the person dies leaving a last will. Legal or intestate succession refers to situations where the person died without a last will. The person who dies and whose property is to be divided is called the decedent. The person who dies leaving a last will and testament is called the testator. Defendants reliance on Article 856 will not apply in this case, as the decedent, Veronica, is not a testator. Veronica died instestate. And if a person dies intestate, without a spouse, parents, legitimate or illegitimate children, then the collateral relatives (brothers and sisters, nephews and nieces) will inherit. Articles 1003 to 1010 are the NCC's governing rules on the right of collateral relatives to inherit when a person dies intestate (without a last will): Art. 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles.

Art. 1004. Should the only survivors be brothers and sisters of the full blood, they shall inherit in equal shares.

Art. 1005. Should brothers and sisters survive together with nephews and nieces, who are the children of the decedent's brothers and sisters of the full blood, the former shall inherit per capita, and the latter per stirpes.

Coming back to the legal question, can the plaintiffs whose parents predeceased (died before) the decedent, Veronica, have the right to inherit from her? The legal issue here is the right of representation which is governed by Articles 970 to 977 of the New Civil Code of the Philippines (NCC) and Article 1025 NCC which states:

Article 972 - The right of representation takes place in the direct descending line, but never in the ascending. In the collateral line, it takes place only in favor of the children of brothers or sisters, whether they be of the full or half-blood. Article 975 - When children of one or more brothers or sisters of the deceased survive, they shall inherit from the latter by representation, if they survive with their uncles and aunts. But if they alone survive, they shall inherit in equal portion.

WHEREFORE, the plaintiffs who are nieces of the decedent have the right to inherit by way of representation of their parents. They will inherit together with the surviving brothers and sisters of their deceased aunt. Their share is whatever the share of each brother or sister, to be divided equally among them.

As to the judicial settlement of estate of the decedent, the Court is of the opinion that what should have been filed is a petition for judicial settlement of intestate estate and issuance of Letters of Administration which should be published successively for two (2) weeks in a newspaper of general circulation. In such petition, the Court shall appoint an Administrator who upon assumption of office shall upon its Order tasked to collate and submit an inventory of the properties of the estate and take charge of possession and management thereof. In such petition for judicial settlement and issuance of Letters of Administration, the Court shall issue notice to all creditors, properly posted and after determining the merits of the project of partition in accordance with law. Only the net hereditary intestate estate shall be distributed to the legal heirs in accordance with and pursuant to their successional rights under the law.

SO ORDERED.

Koronadal City, August ___, 2013.

LORENZO F. BALO Presiding Judge