- Petitioner
- Amelia P. Arellano
- Respondent
- Francisco Pascual
- Citation
- G.R. No. 189776
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Carpio Morales, J.
- Decided
- December 15, 2010
Summary
In this intestate succession case, the Supreme Court ruled that a property donated by Angel Pascual Jr. to his sister Amelia before his death was not subject to collation because no compulsory heirs existed who were entitled to legitimes. Since only siblings survived as collateral relatives, the donated property was validly given from the free portion of the estate. The Court reversed the Regional Trial Court and Court of Appeals decisions that had required collation under Article 1061 of the Civil Code, explaining that collation only applies when there are compulsory heirs to protect their legitime. The remaining estate should be partitioned equally among the three siblings pursuant to Articles 1003-1004 of the Civil Code governing intestate succession among collateral relatives.