In the Matter of the Instestate Estate of Pedro Santillon,Claro

SANTILLON,
petitioner-appellant,
vs.
Perfecta MIRANDA, Benito MIRANDA and RosarioCORRALES,
oppositors-appellees.
G.R. No. L-19281, June 30, 1965
FACTS:
Pedro Santillon died without testament leaving his wife, Perfecta
Miranda and one son, Claro.
Four years after Pedros death, Claro filed a petition for letters of
administration which was opposed by his mother and spouses Benito Miranda
and Rosario Corrales. The court appointed commissioners to draft a project of
partition and distribution of all properties of Pedro. Claro then 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 from the
conjugal properties (conjugal share of Perfecta), the remaining must be
divided as follows: for her and for him. On the other hand, Perfecta
claimed besides her conjugal half, she was entitled under Art. 996 of the NCC
to another of the remaining half. After due notice and hearing, the court
held that Perfecta is entitled to shares and the remaining share for Claro
after deducting the share of the widow as co-owner of the conjugal properties.
Hence, this appeal.
ISSUE:
The manner of division of share of the estate of an intestate decedent when
the only survivors are the spouse and one legitimate child.
RULING:
Intestate proceedings in the New Civil Codes chapter on legal or
intestate succession, the only article applicable is Art. 996. Our conclusion
(equal shares) seems a logical inference from the circumstance that whereas
Article 834 of the Spanish Civil Code form which Art. 996 was taken,
contained two paragraphs governing two contingencies, the first, where the
widow or widower survives with legitimate children (general rule), and the
second, where the widow or widower survives with only one child (exception),
Art. 996 omitted to provide for the second situation, thereby indicating the

legislators desire to promulgate just one general rule applicable to both

situations.

Surviving spouse concurring with a legitimate child entitled to one-half

of the intestate estate.
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.

Amon Trading Corporation & Julian Marketing vs. CA

[G.R. No. 158585, December 13, 2005]
Facts: Lines & Spaces, represented by Eleanor Bahia Sanchez, order from petitioner Amon
Trading Corporation, and from Juliana Marketing bags of cement for Tri-Reality development
and construction, but it found out that both cannot deliver all its balance and refunded the
amount of undelivered bags of cement to Lines and Spaces in representation of Eleanor
Sanchez, but Sanchez had already fled abroad, private respondent filed this case for sum of
money against petitioners and Lines & Spaces.
Regional Trial Court of Quezon City, found Lines & Spaces solely liable to private respondent
and absolved petitioners of any liability. Tri-Realty partially appealed from the trial courts
decision absolving Amon Trading Corporation and Juliana Marketing of any liability to TriRealty. In the presently assailed Decision, the Court of Appeals reversed the decision of the
trial court and held petitioners Amon Trading Corporation and Juliana Marketing to be jointly
and severally liable with Lines & Spaces for the undelivered bags of cement.
Issue: Whether or not Lines & Spaces is the Tri-realtys agent
Held: No contract of agency between Tri-realty and Lines & Spaces, but rather a supplier for
the latters cement needs. All the quibbling about whether Lines & Spaces acted as agent of
private respondent is inane because Amon took orders from Eleanor Sanchez who, after all,
was the one who paid them the managers checks for the purchase of cement. Sanchez
represented herself to be from Lines & Spaces/Tri-Realty, purportedly a single entity. Amon
didnt knew that Lines space and tri-realty is a separate entity.
Since line space is not agent of tri-realty, no vinculum could be said to exist between amon
and tri-realty.
Therefore Lines & Spaces solely liable to private tri-realty.