JOSE BARITUA and EDGAR BITANCOR vs.

HONORABLE COURT OF
APPEALS, NICOLAS NACARIO and VICTORIA RONDA NACARIO
183 SCRA 565, March 22, 1990
Digested by: ARCISO, Diane Gale B.

FACTS:
Bienvenido Nacario was driving a tricycle with a passenger when he was hit with
a bus driven by Edgar Bitancor and owned by Jose Baritua. Bienvenido and his passenger
died and the tricycle was damaged.
There was an extra-judicial settlement negotiation wherein Beienvenidos
estranged wife, Alicia, with whom he has a child, received P18, 500. With that, she
executed a Release of Claim discharging Bitancor, Baritua, and the bus insurer from all
actions, claims, and demands arising from the accident. She also executed an affidavit of
desistance manifesting her lack of interest in instituting any case, civil or criminal,
against them.
After a year and ten months from the date of accident, the parents of Bienvenido
filed a complaint for damages against Bitancor and Baritua. They alleged that they were
the ones who spent for their sons funeral and loaned to him the purchase price of the
damaged tricycle. Claiming that it is them who suffered damages, they shall be
indemnified for their sons death.

ISSUE:
Whether the spouse was entitled to receive the petitioners payment.

HELD:
Yes. Under Article 1240 of the Civil Code, payment shall be made to the person
in whose favor the obligation has been constituted, or his successor in interest, or any
person authorized to receive it. Certainly, Alicia and her son with the deceased are the
successors in interest referred to by law as the persons authorized to receive payment.
Further, Articles 887 and 985 of the Civil Code provide that the parents of the
deceased succeed only when the person dies without a legitimate descendant. Since it has
been established that Bienvenido was married to Alicia and that they begot a child, the
parents are not successors-in-interest of Bienvenido; they are not compulsory heirs. Even
if Alicia had been estranged from Bienvenido, mere estrangement is not a legal ground
for the disqualification of a surviving spouse as an heir of the deceased spouse.
Neither could the parents, as alleged creditors of Bienvenido, seek relief and
compensation from the petitioners. Such are mere money claims against the estate of their
deceased son, which had been released by the agreement of the extra-judicial settlement
concluded with Alicia, the victim's widow and heir, as well as the natural guardian of
their child, her co-heir.