CIVIL LAW; SUCCESSION; AN HEIR CANNOT WAIVE MORE THAN WHAT IS ASSERTED IN COMPLAINT AS HER SHARE. — In her complaint Pastora Maramba only claimed reconveyance of an undivided one-third (1/3) of the properties held by her deceased brothers Cipriano and Nicolas, thus impliedly recognizing that her two brothers aforesaid owned the other two-thirds (2/3). It is difficult to understand how she could be expected to quitclaim one-half of Lot 117 in favor of the heirs of Nicolas, when more that would be more than what in her complaint she asserted to be her share (1/3). The only share she could waive was precisely the one-fourth of original Lot 117(which is