Aggregate Amount of P20,505.00 Despite The Agreement of Extrajudicial Settlement

Baritua v CA Issue: WN petitioners are still liable to pay the private respondent parents the
G.R. No. 82233 | March 22, 1990 | Sarmiento, J. aggregate amount of P20,505.00 despite the agreement of extrajudicial settlement 
NO
Facts
 November 7, 1979: The tricycle then being driven by Bienvenido Nacario Ratio
along the national highway at Barangay San Cayetano, in Baao, Camarines  Obligations may be extinguished by payment (Article 1231, CC). Article 1240,
Sur, figured in an accident with JB Bus No. 80 driven by petitioner Edgar CC enumerates the persons to whom payment to extinguish an obligation
Bitancor and owned and operated by petitioner Jose Baritua. should be made: “to the person in whose favor the obligation has been
o Bienvenido and his passenger died as a result. constituted, or his successor in interest, or any person authorized to receive
 March 27, 1980: The petitioners and the bus’ insurer entered into an extra- it.”
judicial settlement. Alicia Baracena vda de Nacario received P18,500.  ITC: Alicia and her son with Bienvenido are unquestionably the successors in
o Alicia executed a “Release of Claim” and an affidavit of desistance interest referred to in law as the persons authorized to receive payment.
in favor of the petitioners.  Under Article 887, CC: The following are compulsory heirs:
 September 2, 1981: Private respondents Nicolas Nacario and Victoria Ronda o 1. Legitimate children and descendants, with respect to their
Nacario, parents of Bienvenido, (Parents) filed a complaint for damages legitimate parents and ascendants;
against the petitioners. o 2. In default of the foregoing, legitimate parents and ascendants, with
o Alleged that during the vigil for their deceased son, the petitioners respect to their legitimate children and descendants;
through their representatives promised them (the private o 3. The widow or widower;
respondents) that as extra-judicial settlement, they shall be o 4. Acknowledged natural children, and natural children by legal
indemnified for the death of their son, for the funeral expenses fiction;
incurred by reason thereof, and for the damage to the tricycle the o 5. Other illegitimate children referred to in Article 287.
purchase price of which they (the private respondents) only loaned  Therefore, parents of the deceased succeed only when the latter dies
to the victim. without a legitimate descendant. But, the surviving spouse concurs with
o But the petitioners reneged on their promise and instead negotiated all classes of heirs.
and settled their obligations with Alicia, the wife of their late son who  ITC: Private respondent parents are not successors-in-interest of Bienvenido;
has been long-estranged. they are not compulsory heirs. The petitioners therefore acted correctly in
o Therefore, the parents pray that the petitioners be ordered to settling their obligation with Alicia as the widow of Bienvenido and as the
indemnify them in the amount of P25,000.00 for the death of their natural guardian of their lone child.
son Bienvenido, P10,000.00 for the damaged tricycle, P25,000.00 o This is so even if Alicia had been estranged from Bienvenido. Mere
for compensatory and exemplary damages, P5,000.00 for attorney’s estrangement is not a legal ground for the disqualification of a
fees, and for moral damages. surviving spouse as an heir of the deceased spouse.
 CFI: Dismissed the complaint  Neither could the private respondents, as alleged creditors of Bienvenido,
o Payment of the petitioners to the widow and her child, who are the seek relief and compensation from the petitioners. While it may be true that
preferred heris and successors-in-interest of the deceased to the the private respondents loaned to Bienvenido the purchase price of the
exclusion of his parents, extinguished any claim against the damaged tricycle and shouldered the expenses for his funeral, the said
petitioners. purchase price and expenses are but money claims against the estate of
 CA: Reversed CFI their deceased son. These money claims are not the liabilities of the
o Release executed by Alicia didn’t discharge the liability of the petitioners.
petitioners because the case was instituted by the parents in their
own capacity and not as “heirs, representatives, successors, and Ruling: Petition GRANTED
assigns” of Alicia.
o Alicia could not have validly waived the damages being prayed for
since she was not the one who suffered these damages arising from
the death of their son.
o Furthermore, petitioners failed to rebut the testimony of the parents
that they were the ones who bought the tricycle that was damaged
in the incident. Parents had the burden of proof of such fact, and they
did establish such fact in their testimony. Anent the funeral expenses,
they were the ones who shouldered the expenses. Reimbursement
must accrue in their favor.

Aggregate Amount of P20,505.00 Despite The Agreement of Extrajudicial Settlement

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Baritua v CA Issue: WN petitioners are still liable to pay the private respondent parents the

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