Agtarap v. Agtarap G.R. Nos. 177099 and 177192| June 8, 2011

CASE DIGEST

Agtarap v. Agtarap 

G.R. Nos. 177099 and 177192| June 8, 2011 

Topic: Right of representation, effect of failure to object representation 

Facts: 

Decedent Joaquin contracted (2) marriages. First with with Lucia, bearing three children, Jesus+, Milagros+, Jose+ (survived by three children, namely, Gloria, Joseph, and Teresa) and then lastly when Lucia died, thereafter, with Caridad, with three children, Eduardo, Sebastian, Mercedes. 

Son Eduardo filed petition for settlement of Joaquin’s intestate estate and the RTC issued resolution appointing Eduardo as administrator. 

Gloria Agtarap de Santos, one of the children of compulsory heir Jose in the estate of Joaquin, died on May 4, 1995, was later substituted in the proceedings above by her husband Walter de Santos. On September 16, 1995, Abelardo Dagoro filed a motion for leave of court to intervene, alleging that he is the surviving spouse of the compulsory heir Mercedes Agtarap and the father of Cecilia Agtarap Dagoro, and in his answer in intervention. 

Sebastian, one of the compulsory heirs, filed a motion to exclude Abelardo Dagoro and Walter de Santos as heirs, but was denied by lower court. He points out that his motion was denied by the RTC without a hearing. 

Issue: 

1. WON Walter de Santos and Abelardo Dagoro had the right to participate in the estate in representation of the Joaquins compulsory heirs, Gloria and Mercedes, respectively. – YES 

Held: 

1. Sebastians insistence that Abelardo Dagoro and Walter de Santos are not heirs to the estate of Joaquin cannot be sustained. 

Indeed, this Court is not a trier of facts, and there appears no compelling reason to hold that both courts erred in ruling that… Walter de Santos, and Abelardo Dagoro rightfully participated in the estate of Joaquin. It was incumbent upon Sebastian to present competent evidence to refute his and Eduardos admissions that Joseph and Teresa were heirs of Jose, and thus rightful heirs of Joaquin, and to timely object to the participation of Walter de Santos and Abelardo Dagoro. Unfortunately, Sebastian failed to do so. 

Nevertheless, Walter de Santos and Abelardo Dagoro had the right to participate in the estate in representation of the Joaquins compulsory heirs, Gloria and Mercedes, respectively.