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! "$