(conjugal share of Perfecta), the remaining must be divided as follows:
Santillon v. Miranda (1965) for her and for him.
Petitioners: Intestate Estate of Pedro Santillon, Claro Santillon
Respondents: Perfecta Miranda
DOCTRINE: When an intestacy occurs, a surviving spouse concurring with
only one legitimate child of the deceased is entitled to one-half of the estate
of the deceased spouse under Art. 996 of the Civil Code.
FACTS: son vs mother- after deducting conjugal share, son claims
from the remaining 1/2; while mother claims of the remaining .
1. Pedro Santillon died without a will, leaving his wife, Perfecta Miranda and
one son, Claro.
2. 4 years after Pedros death, Claro filed a petition for letters of
administration which was opposed by his mother and spouses Benito
Miranda and Rosario Corrales.
3. Upon partition, Claro filed a motion to declare share of heirs and to
resolve conflicting claims of the parties invoking Art.892 of the New Civil
Code insisting that after deducting from the conjugal properties
a. Perfecta (mother) claimed besides her conjugal half, she was
entitled under Art. 996 of the NCC to another of the remaining
half.
4. Court: Perfecta correct.
ISSUE: WON Art. 892 or Art. 996 applies.
RULING + RATIO: Art. 996 applies.
1. Article 996 specifically applies to intestate succession while Art. 892
which is found in the chapter of testamentary succession, applies to
such type of succession.
2. Surviving spouse concurring with a legitimate child entitled to one-
half of the intestate estate.
a. When an intestacy occurs, a surviving spouse concurring
with only one legitimate child of the deceased is entitled to
one-half of the estate of the deceased spouse under Art. 996
of the Civil Code.
DISPOSITION: The appealed decision is affirmed. No costs in this instance.