Lauro Vizconde v.

CA
G.R. No. 118449, February 11, 1998, 256 SCRA 217

FACTS:

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 Estrellitas 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 Rafaels 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 Ramons motion. The Court of Appeals affirmed the decision of the
RTC.

ISSUE:

Whether or not the inclusion of petitioner Vizconde in the intestate estate

proceeding regarding Rafaels estate is proper.

RULING:

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.