92. Vizconde v.

CA

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 Estrellita’s 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 Rafael’s 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 Ramon’s 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 Rafael’s 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.