LACERNA vs Vda. DE CORCINO FACTS: 1. Catalino, Marcelo, Agatona and Bonifacia Lacerna are brothers and sisters. 2. Bonifacia Lacerna was married to Valentin Marbebe, and had a son named Juan. Upon her death, the lands she owns passed by succession to Juan. 3. Juan then according to records, died intestate in 1943. 4. Defendant Agatona, was the sister of Bonifacia Lacerna, and had in her possession the lands inherited by Juan. 5. The plaintiffs, who are cousins of Juan, instituted an action against Agatona since according to them, they are the sole heirs of Juan. 6. Jacoba Marbebe filed an answer in intervention alleging that she is a half sister of Juan Marbebe who died intestate, leaving neither ascendants nor descendants, and that, as his half sister, she is entitled, by succession, to the properties in dispute. According to her, in the order of intestate succession, brothers and sisters exclude all other collateral relatives. 7. Plaintiffs however contend that, in reserva troncal, properties in dispute should pass to the heirs of the deceased within the third degree, who belong to the line from which said properties came. Since the property came from the Juan’s mother, then Jacoba is excluded, and the cousins are to inherit. ISSUE: Who shall inherit. HELD: Jacoba shall inherit. a. Contrary to the plaintiffs allegations, there is NO RESERVA TRONCAL in this case. b. This article applies only to properties inherited, under the conditions therein set forth, by an ascendant from a descendant, and this is not the case before us, for the lands in dispute were inherited by a descendant, Juan Marbebe, from an ascendant, his mother, Bonifacia Lacerna . c. a sister, even if only a half-sister, in the absence of other sisters or brothers, or of children of brothers or sisters, excludes all other collateral relatives, regardless of whether or

Lacerna vs Vda. de Corcino Case Digest (G.R. No. L-14603 April 29, 1961)

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RICARDO LARCERNA, ET AL.,vs.AGATONA PAURILLO VDA. DE CORCINO, JACOBA MARBEBE

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LACERNA vs Vda. DE CORCINO

FACTS:

1. Catalino, Marcelo, Agatona and Bonifacia Lacerna are brothers and sisters. 2. Bonifacia Lacerna was married to Valentin Marbebe, and had a son named Juan. Upon her

death, the lands she owns passed by succession to Juan.3. Juan then according to records, died intestate in 1943.4. Defendant Agatona, was the sister of Bonifacia Lacerna, and had in her possession the lands

inherited by Juan.5. The plaintiffs, who are cousins of Juan, instituted an action against Agatona since according to

them, they are the sole heirs of Juan.6. Jacoba Marbebe filed an answer in intervention alleging that she is a half sister of Juan Marbebe

who died intestate, leaving neither ascendants nor descendants, and that, as his half sister, she is entitled, by succession, to the properties in dispute. According to her, in the order of intestate succession, brothers and sisters exclude all other collateral relatives.

7. Plaintiffs however contend that, in reserva troncal, properties in dispute should pass to the heirs of the deceased within the third degree, who belong to the line from which said properties came. Since the property came from the Juan’s mother, then Jacoba is excluded, and the cousins are to inherit.

ISSUE: Who shall inherit.

HELD: Jacoba shall inherit.

a. Contrary to the plaintiffs allegations, there is NO RESERVA TRONCAL in this case.b. This article applies only to properties inherited, under the conditions therein set forth, by an

ascendant from a descendant, and this is not the case before us, for the lands in dispute were inherited by a descendant, Juan Marbebe, from an ascendant, his mother, Bonifacia Lacerna.

c. a sister, even if only a half-sister, in the absence of other sisters or brothers, or of children of brothers or sisters, excludes all other collateral relatives, regardless of whether or not the latter belong to the line from which the property of the deceased came. (intestate succession).