Republic of the Philippines SUPREME COURT Manila SECOND DIVISION

G.R. No. 116775 January 22, 1998 HEIRS OF P SC SIO URI RTE, na!"#y, ROSE$%N URI RTE, M &RI$%N an' $OUR&ES URI RTE, an' FE$OMIN (UNIE$ URI RTE, an' HEIRS OF PRIMITI) RN $&O an' HEIRS OF GREGORIO RN $&O, r"*r"+"n,"' -"r".n /y FE$IS RN $&O SU$$ NO an' $UPECINO RN $&O, petitioners, vs. COURT OF PPE $S an' (ENE&ICTO ESTR & , respondents.

MEN&O0 , J.: his is a petition for revie! on certiorari of the decision 1 of the Court of "ppeals, reversin# the decision of the Re#ional rial Court, $ranch %&, of anda#, Suri#ao del Sur, as !ell as the appellate court's resolution den(in# petitioners' )otion for reconsideration. "t issue is the ri#ht of the parties to a %.& hectare piece of land in Sun#*it, Madrid, Suri#ao del Sur, !hich +usta "rnaldo,Serin# left upon her death on March -., ./0/. he parties and their relationship to +usta "rnaldo,Serin# are as follo!s1 Private respondent $enedicto Estrada is the son of "#atonica "rre2a, !hose parents !ere Pedro "rre2a and 3rsula ubil. 3pon the death of Pedro "rre2a, 3rsula )arried +uan "rnaldo b( !ho) she had another dau#hter, the decedent +usta. 2 Private respondent $enedicto Estrada is thus the nephe! of +usta b( her half sister "#atonica. Petitioners, referred to in this case as the heirs of Pascasio 3riarte, are the !ido! and dau#hters of Pascasio 3riarte. Pascasio !as one of the sons of Pri)itiva "rnaldo and Conrado 3riarte. 4is )other, Pri)itiva 3riarte, !as the dau#hter of Do)in#o "rnaldo and Catalina "2arcon. Do)in#o "rnaldo and +usta's father, +uan "rnaldo, !ere brothers. 1 Petitioners are thus #randchildren, the relatives !ithin the fifth de#ree of consan#uinit(, of +usta b( her cousin Pri)itiva "rnaldo 3riarte. he other petitioners are the children of Pri)itiva and those of her brother 5re#orio. 2 he children of Pri)itiva b( Conrado 3riarte, aside fro) Pascasio, are +osefina, 5audencio, Si)plicio, Do)in#o and Vir#ilio, all surna)ed 3riarte. he children of 5re#orio "rnaldo, Pri)itiva's brother, b( +ulieta Ilo#on, are +orencio, Enecia, Nicolas, 6upecino and 7elisa. hese other petitioners are thus #randchildren and relatives !ithin the fifth de#ree of consan#uinit( of +usta b( her cousins 5re#orio "rnaldo and Pri)itiva "rnaldo. Private respondent $enedicto Estrada brou#ht this case in the Re#ional rial Court for the partition of the land left b( +usta "rnaldo,Serin#. he land, consistin# of %.& hectares, had been ac8uired b( +usta as follo!s1 9.: hectare b( inheritance fro) her parents +uan "rnaldo and 3rsula ubil, and %.% hectares b( purchase. 5 Private respondent clai)ed to be the sole survivin# heir of +usta, on the

#round that the latter died !ithout issue. 4e co)plained that Pascasio 3riarte !ho, he clai)ed, !or*ed the land as +usta's tenant, refused to #ive hi) ;private respondent< his share of the harvest. 6 4e contended that Pascasio had no ri#ht to the entire land of +usta but could clai) onl( one,half of the 9.: hectare land !hich +usta had inherited fro) her parents +uan "rnaldo and 3rsula ubil. 7 Pascasio died durin# the pendenc( of the case and !as substituted b( his heirs. 8 In their ans!er, the heirs denied the( !ere )ere tenants of +usta 9 but the latter's heirs entitled to her entire land. he( clai)ed that the entire land, sub=ect of the case, !as ori#inall( o!ned b( ")brocio "rnaldo, 13 their #reat #randuncle. It !as alle#edl( be8ueathed to Do)in#o and +uan "rnaldo, ")brocio's nephe!s, in a holo#raphic !ill e>ecuted b( ")brocio in ./90. 11 Do)in#o !as to receive t!o,thirds of the land and +uan, one,third. 12 he heirs clai)ed that the land had al!a(s been in their possession and that in her lifeti)e +usta never asserted e>clusive ri#ht over the propert( but onl( received her share of the harvest fro) it. 11 he( alle#ed that private respondent did not have an( ri#ht to the propert( because he !as not an heir of ")brocio "rnaldo, 12 the ori#inal o!ner of the propert(. he trial court sustained petitioners' contention. In its decision rendered on Nove)ber 0, .//. it ruled1
"s earlier stated, the land of ")brosio "rnaldo !hich he left to his t!o nephe!s, Do)in#o and +uan "rnaldo, !as onl( .:?0. hectares, divided as follo!s1 t!o,thirds or -,@:? s8uare )eters to Do)in#o, and one,third or .,0%& s8uare )eters to +uan. he area increased to %.&:00 hectares fro) .:?0. hectares because the ad=acent lot of about t!o hectares !as ac8uired b( +usta "rnaldo Serin#, dau#hter of +uan "rnaldo, after the latter's death. he entire %.&:00 hectares !as covered b( ta> declaration in the na)e of +usta "rnaldo Serin#. he latter ho!ever died intestate and !ithout issue. 4er nearest survivin# relatives are the children of her uncle Do)in#o "rnaldo, to !ho) her entire estate passed on after her death b( operation of la!, to the e>clusion of all other relatives. hus, the ri#hts to the succession are trans)itted fro) the )o)ent of the death of the decedent ;"rt. %&&, Civil Code<. 15

"ccordin#l(, the court ordered1 A4ERE7ORE, =ud#)ent is hereb( rendered in favor of the defendants and the intervenors Bherein petitionersC and a#ainst the plaintiff Bprivate respondentC, declarin# the defendants and the intervenors, to#ether !ith the other heirs of the late Do)in#o "rnaldo, as entitled to the entire parcel of land described in a> Declaration No. .%? and subse8uent revisin# ta> declarations in the na)e of +usta "rnaldo Serin#. No cost.
SO ORDERED. 16

On appeal, the Court of "ppeals reversed. Contrar( to the trial court's findin#, the appellate court found that the 9.: hectares had been ac8uired b( +usta's parents, +uan "rnaldo and 3rsula ubil, durin# their )arria#e. "s the nephe! of +usta b( her half,sister "#atonica, private respondent !as held to be entitled to share in the estate of +usta. In the dispositive portion of its decision the appellate court ordered1 A4ERE7ORE, the =ud#)ent appealed fro) is hereb( REVERSED and another is hereb( entered D

Orderin# the partition of the propert( described in the second a)ended co)plaint in the follo!in# )anner1 ;.< .%:99 hectare as the share of defendants,intervenors, and ;%< %.:0 hectare as the share of the plaintiff. 7or this purpose, the court a quo is hereb( directed to proceed !ith the partition in accordance !ith the procedure laid do!n in Rule @/ of the Rules of Court.
SO ORDERED. 17

4ence, this petition b( the heirs of Pascasio 3riarte, the heirs of Pri)itiva 3riarte, and the heirs of 5re#orio "rnaldo. Petitioners alle#e1 I D 4E RESPONDEN CO3R O7 "PPE"6S 5R"VE6E "$3SED I S DISCRE ION "N "MO3N O 6"CF "NDGOR IN EHCESS O7 +3RISDIC ION IN 4O6DIN5 4" 4E P6"IN I77 IS 4E SON O7 "5" ON" "RREI", 4E 4"67 SIS ER O7 +3S " "RN"6DO SERIN5J II D 4E RESPONDEN CO3R O7 "PPE"6S PRE7ERRED EC4NIC"6I E OVER S3$S "N I"6I E A4EN I 5R"VE6E "$3SED I S DISCRE ION IN 4O6DIN5 4" 4E 4O6O5R"P4IC AI66 6E7 $E 4E DECE"SED "M$ROCIO "RN"6DO C"NNO P"SS RE"6 OR PERSON"6 PROPER EJ III D 4E PR"EERS 7OR RES R"ININ5 ORDER "NDGOR ARI O7 PRE6IMIN"RE IN+3NC ION "ND D"M"5ES IS MERI ORIO3SJ
IV D "ND 4E INS "N PE I ION IS IMPRESSED AI 4 MERI "ND S4O36D 4"VE $EEN 5R"N ED. 18

"fter due consideration of the petition, !e find it to be !ithout )erit. "s alread( stated, +usta left a piece of land consistin# %.& hectares. 4alf of this land ;9.: hectares<, as the Court of "ppeals found, for)erl( !as con=u#al propert( of her parents, +uan "rnaldo and 3rsula ubil. he rest, consistin# of %.% hectares, !as ac8uired b( +usta after the death of her parents. "ccordin#l(, the division of +usta's propert( should be as follo!s as private respondent contends1 " D he first .G% hectare should be divided into t!o parts, the share of +uan "rnaldo !hich !ill accrue to petitioners and the second half !hich pertains to 3rsula ubil, !hich !ill accrue to private respondent.
$ D "s to the second portion of the area of the land in 8uestion !hich as alread( stated !as consolidated !ith the .G% hectare ori#inall( belon#in# to the con=u#al partnership of +uan "rnaldo and 3rsula ubil, the sa)e shall accrue to private respondent, !ho is the son of "#atonica "rre2a, and !ho is onl( three de#rees fro) +usta "rnaldo, !hereas petitioners !ho are the children of Pri)itiva "rnaldo and 5re#orio "rnaldo, are five de#rees re)oved fro) +usta "rnaldo. 19

he issue in this case is !ho a)on# the petitioners and the private respondent is entitled to +usta's estate as her nearest relatives !ithin the )eanin# of "rt. /@% of the Civil Code.

"s a preli)inar( )atter, petitioners contend that the Court of "ppeals #ravel( abused its discretion in holdin# that private respondent is the son of "#atonica "rre2a, !ho !as the half,sister of +usta "rnaldo. Petitioners are raisin# this issue onl( no!. It is !ell,settled, ho!ever, that 8uestions not ta*en up durin# the trial of a case cannot be raised for the first ti)e on appeal. Aith )ore reason, therefore, should such a 8uestion be disallo!ed !hen raised for the first ti)e on appeal to this Court. 23 It is note!orth( that, in their brief before the Court of "ppeals, 21 petitioners ad)itted that private respondent is +usta's nephe!, his )other, "#atonica, bein# +usta's half,sister. "pparentl( the( are no! 8uestionin# private respondent's filiation because, as e>plained b( the Court of "ppeals, private respondent is the nearest relative of +usta and, therefore, the onl( one entitled to her estate. Indeed, #iven the fact that 9.: hectares of the land in 8uestion belon#ed to the con=u#al partnership of +usta's parents, +usta !as entitled to 9..%: hectares of the half hectare land as her father's ;+uan "rnaldo's< share in the con=u#al propert(, !hile petitioners are entitled to the other 9..%: hectares. In addition, +usta inherited her )other's ;3rsula ubil's< share consistin# of 9.%: hectares. Plus the %.% hectares !hich belon#ed to her in her o!n ri#ht, +usta o!ned a total of %.:&: or %.:0 hectares of the %.& D hectare land. his %.:0,hectare land !as inherited b( private respondent $enedicto Estrada as +usta's nearest survivin# relative. "s the Court of "ppeals held1 "ccordin# to "rticle /@% of the Civil Code, In ever( inheritance, the relative nearest in de#ree e>cludes the )ore distant ones, savin# the ri#ht of representation !hen it properl( ta*es place. Relatives in the sa)e de#ree shall inherit in e8ual shares, sub=ect to the provisions of "rticle .99@ !ith respect to relatives of the full and half blood, and of "rticle /0&, para#raph %, concernin# division bet!een paternal and )aternal lines. he )anner of deter)inin# the pro>i)it( of relationship are provided b( "rticles /@D /@@ of the Civil Code. he( provide1 "rt. /@-. Pro>i)it( of relationship is deter)ined b( the nu)ber of #enerations. Each #eneration for)s a de#ree. "rt. /@?. " series of de#rees for)s a line, !hich )a( be either direct or collateral. " direct line is that constituted b( the series of de#rees a)on# ascendants and descendants. " collateral line is that constituted b( the series of de#rees a)on# persons !ho are not ascendants and descendants, but !ho co)e fro) a co))on ancestor. "rt. /@:. he direct line is either descendin# or ascendin#. he for)er unites the head of the fa)il( !ith those !ho descend fro) hi). he latter binds a person !ith those fro) !ho) he descends.

"rt. /@@. In the line, as )an( de#rees are counted as there are #enerations or persons, e>cludin# the pro#enitor. In the direct line, ascent is )ade to the co))on ancestor. hus the child is one de#ree re)oved fro) the parent, t!o fro) the #randfather, and three fro) the #reat,#randparent. In the collateral line, ascent is )ade to the co))on ancestor and then descent is )ade to the person !ith !ho) the co)putation is to be )ade. hus, a person is t!o de#rees re)oved fro) his brother, three fro) his uncle, !ho is the brother of his father, four fro) his first cousin, and so forth. In this case, plaintiff is the son of "#atonica, the half,sister of +usta. 4e is thus a third de#ree relative of +usta. On the other hand, defendants and intervenors are the sons and dau#hters of +usta's cousin. he( are thus fifth de#ree relatives of +usta.
"ppl(in# the principle that the nearest e>cludes the farthest, then plaintiff is the la!ful heir of +usta. he fact that his )other is onl( a half,sister of +usta is of no )o)ent. 22

Nevertheless, petitioners )a*e )uch of the fact that private respondent is not an "rnaldo, his )other bein# 3rsula's dau#hter not b( +uan "rnaldo but b( Pedro "rre2a. he( clai) that this bein# the case, private respondent is not an heir of +usta and thus not 8ualified to share in her estate. Petitioners )isappreciate the relationship bet!een +usta and private respondent. "s alread( stated, private respondent is the son of +usta's half,sister "#atonica. 4e is therefore +usta's nephe!. " nephe! is considered a collateral relative !ho )a( inherit if no descendant, ascendant, or spouse survive the decedent. 21 hat private respondent is onl( a half,blood relative is i))aterial. his alone does not dis8ualif( hi) fro) bein# his aunt's heir. "s the Court of "ppeals correctl( pointed out, K he deter)ination of !hether the relationship is of the full or half blood is i)portant onl( to deter)ine the e>tent of the share of the survivors.K 22 $ecause of the conclusion !e have thus reached, the third and fourth #rounds of the petition for revie! )ust fail. A4ERE7ORE, the petition is DENIED. he te)porar( restrainin# order issued b( this Court is 6I7 ED, and the decision of the Court of "ppeals is "77IRMED. SO ORDERED. Regalado, Puno and Martinez, JJ., concur. Foo,no,"+ . Per +ustice Oscar M. 4errera and concurred in b( +ustices $ernardo P. Pardo and Delilah Vidallon Ma#tolis. % Records, p. ./9.

- Id., p. ./.. ? Id., pp. .99, ./.. : Id., p. .. @ Id., p. %. & Id., pp. %,-. 0 Id., pp. %., %?. / Id., p. -:. .9 Id., p. .99. .. Id., pp. .99, .9-,.9@. .% Id., p. .99. .- Id., p. .9.. .? Id., p. .9%. .: Records, p. ./.. .@ Records, pp. ./.,./%. .& Rollo, p. -%. .0 Rollo, p. ... ./ Rollo, pp. %&,%0. %9 E.#., "bella v. Court of "ppeals, %:& SCR" ?0% ;.//@<J 6ope2 Realt(, Inc. v. Court of "ppeals, %?& SCR" &-0 ;.//:<J National Po!er Corp. v. 5utierre2, ./SCR" . ;.//.<. %. C" Rollo, p. 09. %% Id., pp. /%,/-. %- CIVI6 CODE, "rts. .99-, .99:, and .990. %? C" Rollo, p. /?.