Colada

Maria Lao vs. Dee Tim 90 Phil. 868

Date:

Topic/Doctrine: Article 777, Effect of Judicial Settlement FACTS:

Yap Siong died leaving a considerable amount of property to be distributed among his heirs. An administrator was appointed to administer his estate. During the course of the administration and distribution of the estate there appeared the petitioners and the respondents, each claiming to be the legitimate heirs of Yap Siong and entitled to his estate. The petitioner Maria Lao claims to be the legitimate widow of Yap Siong, having been legally joined to him in holy wedlock in the Philippine and that Jose Lao is a legitimate child born of that marriage, and that they are therefore entitled, as heirs, to the estate of Yap Siong, deceased.

Respondent Dee Tim on the other hand claims to be the legitimate widow of Yap Siong; that she and Yap Siong were joined in holy wedlock in accordance with the laws of China and that the said Yap Kim Ting, Yap Kim Seng, and Yap Hu Cho were her legitimate children born of that wedlock.

Petitioners presented a great deal of proof and a number of documents to support their contention.

Yap Siong admitted in a public document that Mari Lao was his wife. The respondent Dee Tim presented a great deal of proof also to show that she was the legitimate wife of Yap Siong, to support that contention she presented what she contended was a certificate of marriage, it was positive proof of her marriage and that it complied with the custom and practice in China with reference to marriage ceremonies. To support her contention she presented a number of witnesses

ISSUE:

Whether or not the estate of Yap Siong be divided equally between petitioners and respondents.

HELD:

When two women innocently and in good faith are legally united in holy matrimony to the same man, they and their children, born of said wedlock, will be regarded as legitimate children, and each family will be entitled to one-half of the estate of the husband upon distribution of his estate. That provision of the Leyes de Partidas is a very humane and wise law. It justly protects those who innocently have entered into the solemn relation of marriage and their descendants. The good faith of all parties will be presumed until the contrary is positively proved. A woman who is deceived by a man, who represents himself as a single man, and who marries him, she and her children are entitled to all the rights of legitimate wife and children.

FALCATAN, GARY LLB III-B FORTUNATA VDA. DE RODRIGUEZ, BENJAMIN RODRIGUEZ, MERCEDES RODRIGUEZ DE

HALLARE, LUZ RODRIGUEZ DE CARLOS AND ANTONIO RODRIGUEZ vs.

HON. BIENVENIDO A. TAN, Judge of the Court of First Instance of Rizal, and ABELARDO RODRIGUEZ

92 Phil. 273

Date: November 24, 1952 Topic/Doctrine: Article 777, Effect of Judicial Settlement

FACTS:

Flaviano Rodriguez died leaving an estate with a value of P10,000; that the surviving heirs are the widow, Fortunata Vda. de Rodriguez, and six children who are the petitioners and respondent Abelardo Rodriguez all the heirs, who were then already of age, entered into a verbal agreement whereby they agreed not to make a liquidation of the estate but to place it under the administration of the widow with the understanding that each of the six children would be entitled to receive a portion of the income in equal shares from year to year for the needs of their families provided that they do not exceed the participation to which they are entitled. Eight years after the death of decedent ,respondent filed a petition for administration and the petitioners objected.

Respondents admitted the existence of a verbal agreement entered into between the heirs, wherein they agreed not to liquidate the estate and to place it under the administration of the widow in view of the unsettled conditions then prevailing at the time, but they contend that while that was the understanding the same was not carried out because in reality it was Benjamin Rodriguez, one of the petitioners herein, who took over the administration of the estate and in the discharge of his duties he failed and refused to give to respondent Abelardo Rodriguez his share in the income which he badly needed for the support of his family, for which reason he started the intestate proceedings which gave rise to the present petition for certiorari. Lower court after overruling appointed Abelardo Rodriguez as Administrator.

ISSUE:

Whether or not an administrator in an estate with no debts and all the heirs entitled to the share are all of age can validly be appointed by the court.

HELD:

Yes, It appears that both parties submitted the names of the persons they wanted to be appointed as administrator and the court made its choice only after weighing the fitness and qualifications of the persons recommended. The petitioner in this case appears to be qualified to act as administrator of the estate of the deceased Flaviano Rodriguez and does not possess any of the disqualifications.

FALCATAN, GARY LLB III-B

MORALES vs. YAÑEZ G.R. No.L-9315.

March 24, 1956

Topic/Doctrine: The rights to the succession are transmitted from the moment of the death of the decedent

FACTS:

There is no question that said lands belonged to Eugeniano Saarenas who died intestate in 1937, leaving no ascendants nor descendants; that as his surviving nephews (by a sister)Defendant Proceso Yañez (and his sisters) took possession of said lots; and that Plaintiffsare illegitimate (adulterous) children of Eugeniano, born between 1910 and 1927.

Plaintiffs’ action is founded on arts. 287 and 988 of the New Civil Code, giving illegitimate children the right to succeed, where decedent leaves no ascendants nor descendants.

Defendant Yañez (and his sisters) claim the right to inherit under the Civil Code articles 946, 947, and 948 — the law in force at the time of Eugeniano’s death. Applying the Civil Code, the trial judge absolved the Defendant. He refused to apply the New Civil Code that grants for the first time successional rights to illegitimate children, in accordance with this Court’s decision in Uson vs. Del Rosario, (92 Phil., 530) promulgated January 29, 1953, the pertinent portions of which are: “But Defendants contend that, while it is true that the four minor Defendants are illegitimate children of the late Faustino Nebrada and under the old Civil Code are not entitled to any successional rights, however, under the new Civil Code which became in force in June 1950, they are given the status and rights which the law accords to the latter (Article 2264 and Article 278, new Civil Code), and because these successional rights were declared for the first time in the new code, they shall be given retroactive effect even though the event which gave rise to them may have occurred under the prior legislation (Art. 2253, new Civil Code).

HELD:

“ART. 2263. Rights to the inheritance of a person who died, with or without a will, before the effectivity of this Code, shall be governed by the Civil Code of 1889, by other previous laws, and by the Rules of Court. The inheritance of those who, with or without a will, die after the beginning of the effectivity of this Code, shall be adjudicated and distributed in accordance with this new body of laws and by the Rules of Court; but the testamentary provisions shall be carried out insofar as they may be permitted by this Code. Therefore, legitimes, betterments, legacies and bequests shall be respected; , their amount shall be reduced if in no other manner can every compulsory heir be given his full share according to this Code.”

FERNANDEZ, ELAINE JOY A