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Treyes vs. Larlar

DR. NIXON L. TREYES, PETITIONER, VS. ANTONIO L. LARLAR, REV. FR. EMILIO L. LARLAR, HEDDY L. LARLAR, ET AL., RESPONDENTS.

G.R. No. 232579 | 2020-09-08

DECISION
 
CAGUIOA, J:
 
Under the Civil Code, when the brothers and sisters of a deceased married sister survive with her widower, the latter shall be entitled by law to one-half of the inheritance and the brothers and sisters to the other half[1] The Civil Code likewise states that this successional right of the legal heirs is vested in them from the very moment of the decedent's death.[2]

Given that successional rights are conferred by the Civil Code, a substantive law, the question to be resolved here by the Court is whether a prior determination of the status as a legal or compulsory heir in a separate special proceeding...