Republic of the PhilippinesSUPREME COURTManilaFIRST DIVISION G.R. No. 83484 February 12, 1990CELEDON! SOL"O, petitioner, vs.T#E #ONOR!$LE COURT OF !PPE!LS a%& CONCORD! '!"ELL!N! "LL!NUE"!, respondents.Rex Suiza Castillon for petitioner.Salas & Villareal for private respondent.MED!LDE!, J.:This is a petition for revie of the decision dated !anuar" #$, %&'' of the (ourt of )ppeals in () *R (V No. +&+%+ ,(oncordia Villanueva v. (eledonia Solivio- affir.in/ the decision of the trial court in (ivil (ase No. %0#+1 for partition, reconve"ance of onership and possession and da.a/es, the dispositive portion of hich reads as follos2345R5FOR5, 6ud/.ent is hereb" rendered for the plaintiff and a/ainst defendant2a- Orderin/ that the estate of the late 5steban !avellana, !r. be divided into to ,#- shares2 one7half for the plaintiff and one7half for defendant. Fro. both shares shall be e8uall" deducted the e9penses for the burial, .ausoleu. and related e9penditures. )/ainst the share of defendants shall be char/ed the e9penses for scholarship, aards, donations and the :Salustia Solivio Vda. de !avellana Me.orial Foundation;:b- Directin/ the defendant to sub.it an inventor" of the entire estate propert", includin/ but not li.ited to, specific ite.s alread" .entioned in this decision and to render an accountin/ of the propert" of the estate, ithin thirt" ,0+- da"s fro. receiptof this 6ud/.ent; one7half ,%#7>0, Rollo-This case involves the estate of the late novelist, 5steban !avellana, !r., author of the first post7ar Filipino novel ?3ithout Seein/ the Dan,? ho died a bachelor, ithout descendants, ascendants, brothers, sisters, nephes or nieces. 4is onl" survivin/ relatives are2 ,%- his .aternal aunt, petitioner(eledonia Solivio, the spinster half7sister of his .other, Salustia Solivio; and ,#- the private respondent, (oncordia !avellana7Villanueva, sister of his deceased father, 5steban !avellana, Sr.4e as a posthu.ous child. 4is father died barel" ten ,%+- .onths after his .arria/e in Dece.ber, %&%$ to Salustia Solivio and four .onths before 5steban, !r. as born.Salustia and her sister, (eledonia ,dau/hter of 5n/racio Solivio and his second ife !osefa Fernande@-, a teacher in the Iloilo Provincial 4i/h School, brou/ht up 5steban, !r.Salustia brou/ht to her .arria/e paraphernal properties ,various parcels of land in (alino/, Iloilo covered b" #> titles- hich she had inherited fro. her .other, *re/oria (elo, 5n/racio Solivio:s first ife ,p. 0#=, Record-, but no con6u/al propert" as ac8uired durin/ her short7lived .arria/e to 5steban, Sr.On October %%, %&=&, Salustia died, leavin/ all her properties to her onl" child, 5steban, !r., includin/ a house and lot in Aa Pa@, Iloilo (it", here she, her son, and her sister lived. In due ti.e, the titles of all these properties ere transferred in the na.e of 5steban, !r.Durin/ his lifeti.e, 5steban, !r. had, .ore than once, e9pressed to his aunt (eledonia and so.e close friends his plan to place his estate in a foundation to honor his .other and to help poor but deservin/ students obtain a colle/e education. Bnfortunatel", he died of a heart attacC on Februar" #$,%&11 ithout havin/ set up the foundation.To eeCs after his funeral, (oncordia and (eledonia talCed about hat to do ith 5steban:s properties. (eledonia told (oncordia about 5steban:s desire to place his estate in a foundation to bena.ed after his .other, fro. ho. his properties ca.e, for the purpose of helpin/ indi/ent studentsin their schoolin/. (oncordia a/reed to carr" out the plan of the deceased. This fact as ad.itted b"her in her ?Motion to Reopen and+, here she stated2>. That petitioner Cne all alon/ the narrated facts in the i..ediatel" precedin/ para/raph Dthat herein .ovant is also the relative of the deceased ithin the third de/ree, she bein/ the "oun/er sister of the late 5steban !avellana, father of the decedent hereinE, because prior to the filing of the petition they (petitioner Celedonia Solivio and movant Concordia Javellana) have agreed to mae the estate of the decedent a foundation! besides the" have closel" Cnon each other due to their filiation to the decedent and the" have been visitin/ each other:s house hich are notfar aa" for ,sic- each other. ,p. #0>, Record; 5.phasis supplied.-Pursuant to their a/ree.ent that (eledonia ould taCe care of the proceedin/s leadin/ to the for.ation of the foundation, (eledonia in /ood faith and upon the advice of her counsel, filed on March ', %&11 Spl. Proceedin/ No. #=>+ for her appoint.ent as special ad.inistratri9 of the estate of 5steban !avellana, !r. ,59h. #-. Aater, she filed an a.ended petition ,59h. =- pra"in/ that letters ofad.inistration be issued to her; that she be declared sole heir of the deceased; and that after pa".ent of all clai.s and rendition of inventor" and accountin/, the estate be ad6udicated to her ,p. %%=, Rollo-.)fter due publication and hearin/ of her petition, as ell as her a.ended petition, she as declared sole heir of the estate of 5steban !avellana, !r. She e9plained that this as done for three reasons2 ,%- because the properties of the estate had co.e fro. her sister, Salustia Solivio; ,#- that she is thedecedent:s nearest relative on his .other:s side; and ,0- ith her as sole heir, the disposition of the properties of the estate to fund the foundation ould be facilitated.On )pril 0, %&1', the court ,Franch II, (FI, no Franch #0, RT(- declared her the sole heir of 5steban, !r. Thereafter, she sold properties of the estate to pa" the ta9es and other obli/ations of the deceased and proceeded to set up the "S#$%S&'# S($'V'( V)#. )* J#V*$$#+# ,(%+)#&'(+" hich she caused to be re/istered in the Securities and 59chan/e (o..ission on !ul" %1,%&'% under Re/. No. +%+++#1 ,p. &', Rollo-.Four .onths later, or on )u/ust 1, %&1', (oncordia !avellana Villanueva filed a .otion for reconsideration of the court:s order declarin/ (eledonia as ?sole heir? of 5steban, !r., because she too as an heir of the deceased. On October #1, %&1', her .otion as denied b" the court for tardiness ,pp. '+7'%, Record-. Instead of appealin/ the denial, (oncordia filed on !anuar" 1, %&'+ ,or one "ear and to .onths later-, (ivil (ase No. %0#+1 in the Re/ional Trial (ourt of Iloilo, Franch #$, entitled "Concordia Javellana- Villanueva v. Celedonia Solivio" for partition, recover" of possession, onership and da.a/es.On Septe.ber 0, %&'>, the said trial court rendered 6ud/.ent in (ivil (ase No. %0#+1, in favor of (oncordia !avellana7Villanueva.On (oncordia:s .otion, the trial court ordered the e9ecution of its 6ud/.ent pendin/ appeal and re8uired (eledonia to sub.it an inventor" and accountin/ of the estate. In her .otions for reconsideration of those orders, (eledonia averred that the properties of the deceased had alread" been transferred to, and ere in the possession of, the :Salustia Solivio Vda. de !avellana Foundation.? The trial court denied her .otions for reconsideration.In the .eanti.e, (eledonia perfected an appeal to the (ourt of )ppeals ,() *R (V No. +&+%+-. On!anuar" #$, %&'', the (ourt of )ppeals, 5leventh Division, rendered 6ud/.ent affir.in/ the decision of the trial court in toto.4ence, this petition for revie herein she raised the folloin/ le/al issues2%. hether Franch #$ of the RT( of Iloilo had 6urisdiction to entertain (ivil (ase No. %0#+1 for partition and recover" of (oncordia Villanueva:s share of the estate of 5steban !avellana, !r. even hile the probate proceedin/s ,Spl. Proc. No. #=>+- ere still pendin/ in Franch #0 of the sa.e court;#. hether (oncordia Villanueva as prevented fro. intervenin/ in Spl. Proc. No. #=>+ throu/h e9trinsic fraud;0. hether the decedent:s properties ere sub6ect to reserva troncal in favor of (eledonia, his relative ithin the third de/ree on his .other:s side fro. ho. he hadinherited the.; and>. hether (oncordia .a" recover her share of the estate after she had a/reed to place the sa.e in the Salustia Solivio Vda. de !avellana Foundation, and notithstandin/ the fact that confor.abl" ith said a/ree.ent, the Foundation has been for.ed and properties of the estate have alread" been transferred to it.I. &he .uestion of /urisdiction0)fter a careful revie of the records, e find .erit in the petitioner:s contention that the Re/ional Trial (ourt, Franch #$, lacCed 6urisdiction to entertain (oncordia Villanueva:s action for partition and recover" of her share of the estate of 5steban !avellana, !r. hile the probate proceedin/s ,Spl, Proc. No. #=>+- for the settle.ent of said estate are still pendin/ in Franch #0 of the sa.e court, there bein/ as "et no orders for the sub.ission and approval of the ad.inistrati9:s inventor" and accountin/, distributin/ the residue of the estate to the heir, and ter.inatin/ the proceedin/s ,p. 0%, Record-.It is the order of distribution directin/ the deliver" of the residue of the estate to the persons entitled thereto that brin/s to a close the intestate proceedin/s, puts an end to the ad.inistration and thus far relieves the ad.inistrator fro. his duties ,Santiesteban v. Santiesteban, $' Phil. 0$1, Philippine (o..ercial and Industrial FanC v. 5scolin, et al., A7#1'$+, March #&, %&1>, =$ S(R) #$$-.The assailed order of !ud/e )dil in Spl. Proc. No. #=>+ declarin/ (eledonia as the sole heir of the estate of 5steban !avellana, !r. did not toll the end of the proceedin/s. )s a .atter of fact, the last para/raph of the order directed the ad.inistratri9 to ?hurr" up the settle.ent of the estate.? The pertinent portions of the order are 8uoted belo2#. )s re/ards the second incident DMotion for Declaration of Miss (eledonia Solivio as Sole 4eir, dated March 1, %&1'E, it appears fro. the record that despite the notices posted and the publication of these proceedin/s as re8uired b" la, no other heirs ca.e out to interpose an" opposition to the instant proceedin/. It further appears that herein )d.inistratri9 is the onl" clai.ant7heir to the estate of the late 5steban !avellana ho died on Februar" #$, %&11.Durin/ the hearin/ of the .otion for declaration as heir on March %1, %&1', it as established that the late 5steban !avellana died sin/le, ithout an" Cnon issue, andithout an" survivin/ parents. 4is nearest relative is the herein )d.inistratri9, an elder DsicE sister of his late .other ho reared hi. and ith ho. he had ala"s been livin/ ith DsicE durin/ his lifeti.e.9 9 9 9 9 9 9 9 9#. Miss (eledonia Solivio, )d.inistratri9 of this estate, is hereb" declared as the soleand le/al heir of the late 5steban S. !avellana, ho died intestate on Februar" #$, %&11 at Aa Pa@, Iloilo (it".The )d.inistratri9 is hereb" instructed to hurr" up ith the settle.ent of this estate so that it can be ter.inated. ,pp, %>7%$, Record-In vie of the pendenc" of the probate proceedin/s in Franch %% of the (ourt of First Instance ,no RT(, Franch #0-, (oncordia:s .otion to set aside the order declarin/ (eledonia as sole heir of 5steban, and to have herself ,(oncordia- declared as co7heir and recover her share of the properties of the deceased, as properl" filed b" her in Spl. Proc. No. #=>+. 4er re.ed" hen the court denied her .otion, as to elevate the denial to the (ourt of )ppeals for revie on certiorari. 4oever, instead of availin/ of that re.ed", she filed .ore than one "ear later, a separate action for the sa.e purpose in Franch #$ of the court. 3e hold that the separate action as i.properl" filed for it is the probate court that has exclusive 6urisdiction to .aCe a 6ust and le/al distribution of the estate.In the interest of orderl" procedure and to avoid confusin/ and conflictin/ dispositions of a decedent:s estate, a court should not interfere ith probate proceedin/s pendin/ in a co7e8ual court.Thus, did e rule in 1uilas v. Judge of the Court of ,irst 'nstance of 2ampanga! $-34456! January 78! 8593! >0 S(R) %%%, %%1, here a dau/hter filed a separate action to annul a pro6ect of partition e9ecuted beteen her and her father in the proceedin/s for the settle.ent of the estate of her .other2The probate court loses 6urisdiction of an estate under ad.inistration onl" after the pa".ent of all the debts and the re.ainin/ estate delivered to the heirs entitled to receive the sa.e. The finalit" of the approval of the pro6ect of The probate court, in the e9ercise of its 6urisdiction to .aCe distribution, has poer to deter.ine the proportion or parts to hich each distributed is entitled. ... The poer to deter.ine the le/alit" or ille/alit" of the testa.entar" provision is inherent in the 6urisdiction of the court .aCin/ a 6ust and le/al distribution of the inheritance. ... To hold that a separate and independent action is necessar" to that effect, ould be contrar" to the /eneral tendenc" of the 6urisprudence of avoidin/ .ultiplicit" of suits; and is further, e9pensive, dilator", and i.practical. ,Marcelino v. )ntonio, 1+ Phil. 0''-) 6udicial declaration that a certain person is the onl" heir of the decedent is e9clusivel" ithin the ran/e of the ad.inistratri9 proceedin/s and can not properl" be.ade an independent action. ,Aita. v. 5spiritu, %++ Phil. 0$>-) separate action for the declaration of heirs is not proper. ,Pi.entel v. Palanca, = Phil. >0$-partition b" itself alone does not ter.inate the probate proceedin/ ,Ti.bol v. (ano, % S(R) %#1%, %#1$, A7%=>>=, )pril #&, %&$%; Si/uion/ v. Tecson, '& Phil. pp. #', 0+-. )s lon/ as the order of the distribution of the estate has not been co.plied ith, the probate proceedin/s cannot be dee.ed closed and ter.inated Si/uion/ v. Tecson, supra-; because a 6udicial partition is not final and conclusive and does not prevent the heirs fro. brin/in/ an action to obtain his share, provided the prescriptive period therefore has not elapsed ,Mari v. Fonilia, '0 Phil. %01-. &he :etter practice! ho;ever! for the heir ;ho has not received his share! is to demand his share through a proper motion in the same pro:ate or administration proceedings! or for reopening of the pro:ate or administrative proceedings if it had already :een closed! and not through an independent action!hich ould be tried b" another court or !ud/e hich .a" thus reverse a decision or order of the probate or intestate court alread" final and e9ecuted and re7shuffle properties lon/ a/o distributed and disposed of. ,Ra.os v. Ortu@ar, '& Phil. 10+, 1>%71>#; Ti.bol v. (ano, supra< !in/co v. Dalu@, A7=%+1, )pril #>, %&=0, Phil. %+'#; Ro.an (atholic v. )/ustines, A7%>1%+, March #&, %&$+, %+1 Phil. >==, >$+7>$%; 5.phasis supplied-In $itam et al.! v. Rivera! %++ Phil. 0$>, here despite the pendenc" of the special proceedin/s for the settle.ent of the intestate estate of the deceased Rafael Aita. the plaintiffs7appellants filed a civil action in hich the" clai.ed that the" ere the children b" a previous .arria/e of the deceased to a (hinese o.an, hence, entitled to inherit his one7half share of the con6u/al properties ac8uired durin/ his .arria/e to Marcosa Rivera, the trial court in the civil case declared that the plaintiffs7appellants ere not children of the deceased, that the properties in 8uestion ere paraphernal properties of his ife, Marcosa Rivera, and that the latter as his onl" heir. On appeal to this (ourt, e ruled that ?such declarations ,that Marcosa Rivera as the onl" heir of the decedent- is i.proper,in (ivil (ase No. #+1%, it :eing ;ithin the exclusive competence of the court in Special 2roceedings +o. 8679! in hich it is not as "et, in issue, and, ill not be, ordinaril", in issue until the presentation of the pro6ect of partition. ,p. 01'-.4oever, in the *uilas case, supra! since the estate proceedin/s had been closed and ter.inated for over three "ears, the action for annul.ent of the pro6ect of partition as alloed to continue. (onsiderin/ that in the instant case, the estate proceedin/s are still pendin/, but nonetheless, (oncordia had lost her ri/ht to have herself declared as co7heir in said proceedin/s, 3e have opted liCeise to proceed to discuss the .erits of her clai. in the interest of 6ustice.The orders of the Re/ional Trial (ourt, Franch #$, in (ivil (ase No. %0#+1 settin/ aside the probate proceedin/s in Franch #0 ,for.erl" Franch %%- on the /round of e9trinsic fraud, and declarin/ (oncordia Villanueva to be a co7heir of (eledonia to the estate of 5steban, !r., orderin/ the partition of the estate, and re8uirin/ the ad.inistratri9, (eledonia, to sub.it an inventor" and accountin/ of the estate, ere i.proper and officious! to sa" the least, for these .atters he ithin the e9clusive co.petence of the probate court.II. &he .uestion of extrinsic fraud03as (oncordia prevented fro. intervenin/ in the intestate proceedin/s b" extrinsic fraud e.plo"ed b" (eledoniaG It is noteorth" that e9trinsic fraud as not alleged in (oncordia:s ori/inal co.plaint in (ivil (ase No. %0#+1. It as onl" in her a.ended co.plaint of March $, %&'+, that e9trinsic fraud as alle/ed for the first ti.e.59trinsic fraud, as a /round for annul.ent of 6ud/.ent, is an" act or conduct of the prevailin/ part" hich prevented a fair sub.ission of the controvers" ,Francisco v. David, 0' O.*. 1%>-. ) fraud :hich prevents a part" fro. havin/ a trial or presentin/ all of his case to the court, or one hich operates upon .atters pertainin/, not to the 6ud/.ent itself, but to the .anner b" hich such 6ud/.ent as procured so .uch sothat there as no fair sub.ission of the controvers". For instance, if throu/h fraudulent .achination b" one Dhis adversar"E, a liti/ant as induced to ithdra his defense or as prevented fro. presentin/ an available defense or cause of action in the case herein the 6ud/.ent as obtained, such that the a//rieved part" as deprived of his da" in court throu/h no fault of his on, the e8uitable relief a/ainst such 6ud/.ent .a" be availed of. ,Hatco v. Su.a/ui, >>$#07R, !ul" 0%, %&1%-. ,citedin Philippine Aa Dictionar", %&1# 5d. b" Moreno; Varela v. Villanueva, et al., &$ Phil.#>'-) 6ud/.ent .a" be annulled on the /round of e9trinsic or collateral fraud, as distin/uished fro. intrinsic fraud, hich connotes an" fraudulent sche.e e9ecuted b" a prevailin/ liti/ant :outside the trial of a case a/ainst the defeated part", or his a/ents, attorne"s or itnesses, hereb" said defeated part" is prevented fro. presentin/ full" and fairl" his side of the case. ... The overridin/ consideration is that the fraudulent sche.e of the prevailin/ liti/ant prevented a part" fro. havin/ his da" in court or fro. presentin/ his case. The fraud, therefore, is one that affects and /oes into the 6urisdiction of the court. ,Aibudan v. *il, A7#%%$0, Ma" %1, %&1#, >= S(R) %1, #17#&; Sterlin/ Invest.ent (orp. v. Rui@, A70+$&>, October 0%, %&$&, 0+ S(R) 0%', 0#0-The char/e of e9trinsic fraud is, hoever, unarranted for the folloin/ reasons2%. (oncordia as not unaare of the special proceedin/ intended to be filed b" (eledonia. She ad.itted in her co.plaint that she and (eledonia had a/reed that the latter ould ?initiate the necessar" proceedin/? and pa" the ta9es and obli/ationsof the estate. Thus para/raph $ of her co.plaint alle/ed2$. ... for the purpose of facilitatin/ the settle.ent of the estate of the late 5steban !avellana, !r. at the loest possible cost and the least effort, the plaintiff and the defendant agreed that the defendant shall initiate the necessary proceeding! cause the pa".ent of ta9es and other obli/ations, and to do ever"thin/ else re8uired b" la, and thereafter, secure the partition of the estate beteen her and the plaintiff, Dalthou/h (eledonia denied that the" a/reed to partition the estate, for their a/ree.ent as to place the estate in a foundation.E ,p. #, Record; e.phasis supplied-5videntl", (oncordia as not prevented fro. intervenin/ in the proceedin/s. She sta"ed aa" :y choice.Fesides, she Cne that the estate ca.e e9clusivel" fro. 5steban:s .other, Salustia Solivio, and she had a/reed ith (eledonia to place it in a foundation as the deceased had planned to do.#. The probate proceedin/s are proceedin/s in rem. Notice of the ti.e and place of hearin/ of the petition is re8uired to be published ,Sec. 0, Rule 1$ in relation to Sec. 0, Rule 1&, Rules of (ourt-. Notice of the hearin/ of (eledonia:s ori/inal petition as published in the ?Visa"an Tribune? on )pril #=, Ma" # and &, %&11 ,59h >, p. %&1, Record-. Si.ilarl", notice of the hearin/ of her a.ended petition of Ma" #$, %&11 for the settle.ent of the estate as, b" order of the court, published in ?Fa/on/ Iasana/? ,Ne Ai/ht- issues of Ma" #1, !une 0 and %+, %&11 ,pp. %'#70+=, Record-.The publication of the notice of the proceedin/s as constructive notice to the hole orld. (oncordia as not deprived of her ri/ht to intervene in the proceedin/s for shehad actual, as ell as constructive notice of the sa.e. )s pointed out b" the probate court in its order of October #1, %&1'2... . The .ove of (oncordia !avellana, hoever, as filed about five .onths after (eledonia Solivio as declared as the sole heir. ... .(onsiderin/ that this proceedin/ is one in re. and had been dul" published as re8uired b" la, despite hich the present .ovant onl" ca.e to court no, then she is /uilt" of laches for sleepin/ on her alle/ed ri/ht. ,p. ##, Record-The court noted that (oncordia:s .otion did not co.pl" ith the re8uisites of a petition for relief fro.6ud/.ent nor a .otion for ne trial.The rule is stated in >& (orpus !uris Secundu. '+0+ as follos23here petition as sufficient to invoCe statutor" 6urisdiction of probate court and proceeding ;as in rem no subse8uent errors or irre/ularities are available on collateral attacC. ,Fedell v. Dean %0# So. #+-(eledonia:s alle/ation in her petition that she as the sole heir of 5steban ithin the third de/ree on his mother=s side as not false. Moreover, it as .ade in /ood faith and in the honest belief that because the properties of 5steban had co.e fro. his .other, not his father, she, as 5steban:s nearest survivin/ relative on his .other:s side, is the ri/htful heir to the.. It ould have been self7defeatin/ and inconsistent ith her clai. of sole heirshipif she stated in her petition that (oncordia as her co7heir. 4er o.ission to so state did not constitute e9trinsic fraud.Failure to disclose to the adversar", or to the court, .atters hich ould defeat one:son clai. or defense is not such e9trinsic fraud as ill 6ustif" or re8uire vacation of the 6ud/.ent. ,>& (.!.S. >'&, citin/ Houn/ v. Houn/, # S5 #d $##; First National FanC J Trust (o. of Iin/ (it" v. Fo.an, %= S3 #d '>#; Price v. S.ith, %+& S3 #d %%>>, %%>&-It should be re.e.bered that a petition for ad.inistration of a decedent:s estate .a" be filed b" an" ?interested person? ,Sec. #, Rule 1&, Rules of (ourt-. The filin/ of (eledonia:s petition did not preclude (oncordia fro. filin/ her on.III. (n the .uestion of reserva troncal03e find no .erit in the petitioner:s ar/u.ent that the estate of the deceased as sub6ect to reserva troncal and that it pertains to her as his onl" relative ithin the third de/ree on his .other:s side. The reserva troncalprovision of the (ivil (ode is found in )rticle '&% hich reads as follos2)RT. '&%. The ascendant ho inherits fro. his descendant an" propert" hich the latter .a" have ac8uired b" /ratuitous title fro. another ascendant, or a brother or sister, is obli/ed to reserve such propert" as he .a" have ac8uired b" operation of la for the benefit of relatives ho are ithin the third de/ree and ho belon/ to the line fro. hich said propert" ca.e.The persons involved in reserva troncal are2%. The person obli/ed to reserve is the reservor (reservista)Kthe ascendant ho inherits b" operation of la propert" fro. his descendants.#. The persons for ho. the propert" is reserved are the reservees (reservatarios)Krelatives ithin the third de/ree counted fro. the descendant (propositus)! and belon/in/ to the line fro. hich the propert" ca.e.0. The propositusKthe descendant ho received b" /ratuitous title and died ithout issue, .aCin/ his other ascendant inherit b" operation of la. ,p. $, (ivil Aa b" Padilla, Vol. II, %&=$ 5d.-(learl", the propert" of the deceased, 5steban !avellana, !r., is not reservable propert", for 5steban,!r. as not an ascendant, but the descendant of his .other, Salustia Solivio, fro. ho. he inheritedthe properties in 8uestion. Therefore, he did not hold his inheritance sub6ect to a reservation in favor of his aunt, (eledonia Solivio, ho is his relative ithin the third de/ree on his .other:s side. The reserva troncal applies to properties inherited b" an ascendant fro. a descendant ho inheritedit fro. another ascendant or & brother or sister. It does not appl" to propert" inherited b" a descendant fro. his ascendant, the reverse of the situation covered b" )rticle '&%.Since the deceased, 5steban !avellana, !r., died ithout descendants, ascendants, ille/iti.ate children, survivin/ spouse, brothers, sisters, nephes or nieces, hat should appl" in the distributionof his estate are )rticles %++0 and %++& of the (ivil (ode hich provide2)RT. %++0. If there are no descendants, ascendants, ille/iti.ate children, or a survivin/ spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance ith the folloin/ articles.)RT. %++&. Should there be neither brothers nor sisters, nor children of brothers or sisters, the other collateral relatives shall succeed to the estate.The latter shall succeed ithout distinction of lines or preference a.on/ the. b" reason of relationship b" the hole blood.Therefore, the (ourt of )ppeals correctl" held that2Foth plaintiff7appellee and defendant7appellant bein/ relatives of the decedent ithin the third de/ree in the collateral line, each, therefore, shall succeed to the sub6ect estate :ithout distinction of line or preference a.on/ the. b" reason of relationship b" the hole blood,: and is entitled one7half ,%=, Sept. #, %&$$, %' S(R) %; Sta. )na v. Maliat, A7#0+#0, )u/. 0%, %&$', #> S(R) %+%'; People v. 5ncipido, *.R.1++&%, Dec. #&, %&'$, %>$ S(R) >1'; and Rodillas v. Sandi/anba"an, *.R. ='$=#, Ma" #+, %&'', %$% S(R) 0>1-.The ad.ission as never ithdran or i.pu/ned b" (oncordia ho, si/nificantl", did not even testif" in the case, althou/h she could have done so b" deposition if she ere supposedl" indisposed to attend the trial. Onl" her husband, Narciso, and son7in7la, !uanito Do.in, activel" participated in the trial. 4er husband confir.ed the a/ree.ent beteen his ife and (eledonia, but he endeavored to dilute it b" alle/in/ that his ife did not intend to /ive all, but onl" one7half, of her share to the foundation ,p. 0#0, Record-.The records sho that the ?Salustia Solivio Vda. de !avellana Foundation? as established and dul"re/istered in the Securities and 59chan/e (o..ission under Re/. No. +%+++#1 for the folloin/ principal purposes2%. To provide for the establish.ent and- hi/h school scholars in *uiso Faran/a" 4i/h School, the site of hich as donated b" the Foundation. The School has been selected as the Pilot Faran/a" 4i/h School for Re/ion VI.The Foundation has a special scholar, Fr. 5lbert Vas8ue@, ho ould be ordained this "ear. 4e studied at St. Francis Lavier Ma6or Re/ional Se.inar" at Davao (it". The Foundation liCeise is a .e.ber of the Rede.ptorist )ssociation that /ives "earl" donations to help poor students ho ant to beco.e Rede.ptorist priests or brothers. It /ives "earl" aards for (reative ritin/ Cnon as the 5steban !avellana )ard.Further, the Foundation had constructed the 5steban S. !avellana Multi7purpose (enter at the 3est Visa"as State Bniversit" for teachers: and students: use, and has liCeise contributed to reli/ious civic and cultural fund7raisin/ drives, a.on/st other:s. ,p. %+, Rollo-4avin/ a/reed to contribute her share of the decedent:s estate to the Foundation, (oncordia is obli/ated to honor her co..it.ent as (eledonia has honored hers.345R5FOR5, the petition for revie is /ranted. The decision of the trial court and the (ourt of )ppeals are hereb" S5T )SID5. (oncordia !. Villanueva is declared an heir of the late 5steban !avellana, !r. entitled to one7half of his estate. 4oever, co.for.abl" ith the a/ree.ent beteen her and her co7heir, (eledonia Solivio, the entire estate of the deceased should be conve"ed to the ?Salustia Solivio Vda. de !avallana Foundation,? of hich both the petitioner and the private respondent shall be trustees, and each shall be entitled to no.inate an e8ual nu.ber of trustees to constitute the Foard of Trustees of the Foundation hich shall ad.inister the sa.e for the purposes set forth in its charter. The petitioner, as ad.inistratri9 of the estate, shall sub.it to the probate court an inventor" and accountin/ of the estate of the deceased preparator" to ter.inatin/ the proceedin/s therein.SO ORD5R5D.+arvasa! Cruz! 1ancayco and 1ri>o-#.uino! JJ.! concur.