Santillon v Miranda

Santillon v. Miranda (1965) Petitioners: Intestate Estate of Pedro Santillon, Claro Santillon Respondents: Perfecta Miranda DOCTRINE: When an intestacy occurs, a surviving spouse concurring with only one legitimate child of the deceased is entitled to one-half of the estate of the deceased spouse under Art. 996 of the Civil Code. FACTS: son vs mother- after deducting conjugal share, son claims ¾ from the remaining 1/2; while mother claims ½ of the remaining ½. 1. Pedro Santillon died without a will, leaving his wife, Perfecta Miranda and one son, Claro. 2. 4 years after Pedro’s death, Claro filed a petition for letters of administration which was opposed by his mother and spouses Benito Miranda and Rosario Corrales. 3. Upon partition, Claro filed a motion to declare share of heirs and to resolve conflicting claims of the parties invoking Art.892 of the New Civil Code insisting that after deducting ½ from the conjugal properties

(conjugal share of Perfecta), the remaining ½ must be divided as follows: ¼ for her and ¾ for him. a. Perfecta (mother) claimed besides her conjugal half, she was entitled under Art. 996 of the NCC to another ½ of the remaining half. 4. Court: Perfecta correct. ISSUE: WON Art. 892 or Art. 996 applies. RULING + RATIO: Art. 996 applies. 1. Article 996 specifically applies to intestate succession while Art. 892 which is found in the chapter of testamentary succession, applies to such type of succession. 2. Surviving spouse concurring with a legitimate child entitled to onehalf of the intestate estate. a. When an intestacy occurs, a surviving spouse concurring with only one legitimate child of the deceased is entitled to one-half of the estate of the deceased spouse under Art. 996 of the Civil Code. DISPOSITION: The appealed decision is affirmed. No costs in this instance.