LLB III-B
Anuran Vs Aquino GR. No. L-12397
April 02, 1918 FACTS:
The plaintiff, Florencia Anuran, is the widow of Ambrosio Aquino, to whose estate the property described in the complaint belongs. The defendant, Ana Aquino, is the natural child of a sister of Ambrosio Aquino, deceased, that on the death of Ambrosio Aquino, one Norberto Capiña was appointed administrator of his intestate estate, at the instance of Ana Aquino, acting collusion with the administrator fraudulently represented to the court that Ambrosio Aquino, had died intestate, leaving no heirs other than Ana Aquino, a daughter of his deceased sister. At the time when these representations were made, both Ana Aquino and the administrator well knew that the plaintiff, Florencia Anuran, was the surviving spouse of Ambrosio Aquino, and that Ana Aquino was not a legitimate but a natural daughter of the deceased sister of Ambrosio Aquino. Without notice to the widow, Ana Aquino, acting in collusion with the administrator appointed at her instance, fraudulently procured the entry of an order in the administration proceedings dated March 12, 1912, authorizing and approving the delivery by the administrator of all property of the estate to the alleged sole heir, Ana Aquino, the defendant in this suit, and that the motion of the administrator on which this order was based was supported by the affidavit of Ana Aquino, setting forth the false and misleading statement of the alleged facts as hereinbefore indicated.
The widow, Florencia Anuran, who was not a party of record in the administration proceedings, did not discover that this order had been entered until about the 14th day of February, 1914, when she promptly entered her appearance in the administration proceedings and moved that the order be set aside, and that she be declared the sole heir of the deceased, who, as she alleged, had died without leaving either ascendants, or descendants, or collateral relatives entitled to share in the estate.
ISSUE:
Whether or not the plaintiff, Florencia Anuran, the widow of Ambrosio Aquino be declared the
HELD:
Yes, In the light of the facts presented, there is not and cannot be any substantial question as to the right of the widow to take the estate of her deceased husband as his sole heir under the provisions of articles 943 and 952 of the Civil Code. These articles are as follows:
A natural or legitimized child has no right to succeed ab intestate the legitimate children and relatives of the father or mother who has acknowledged it; nor shall such children or relatives inherit from the natural or legitimated child.
In the absence of brothers or sisters and of nephews, children, whether of the whole blood or not, of the same surviving spouse, if not separated by a final decree of divorce, shall succeed to the entire estate of the deceased.
We conclude that the judgment entered in the court below should be affirmed, with the costs of this instance against the appellant.
SAN JUAN, ANGELITA T.
LLB III-B
Diaz vs Pamuti GR L-66574 Feb. 21, 1990 FACTS:
Felisa is a niece of Simona who together with Felisa’s mother Juliana werethe only legitimate children of spouses Felipe and Petronilla; Juliana married Simon and out of their union were born Felisa and anotherchild who died during infancy; Simona is the widow of Pascual and mother of Pablo; Pablo was the only legitimate son of his parents Pascual and Simona; Pascual died in 1970; Pablo in 1973 and Simona in 1976; Pablo at the time of his death was survived by his mother Simona and sixminor natural children: four minor children with Anselma Diaz and twominor children with Felixberta. 1976 – Judge Jose Raval declared Felisa as the sole legitimate heir of Simona. Petitioners Anselma and Felixberta as guardians of their minor childrenfile for opposition and motion to exclude Felisa from further taking part orintervening in the settlement of the intestate estate of Simona. 1980 – Judge Bleza issued an order excluding Felisa from further takingpart or intervening and declared her to be not an heir of Simona.
Felisa’s motion for recon was denied, and she filed her appeal to theIntermediate Appellate Court declaring her as the sole heir of Simona.
ISSUE:
Who are the legal heirs of Simona, her niece Felisa or her grandchildren (the natural children of Pablo) Felisa?
HELD:
The 6 minor children cannot represent their father Pablo in the successionof the latter to the intestate estate of his legitimate mother Simon because of the barrier provided for under Art. 992 of the Civil CodeArt 992. An illegitimate child has no right to inherit ab intestate from the legitimate children and relatives of his father or mother;nor shall such children or relatives inherit in the same manner fromthe illegitimate child. Pablo is a legitimate child. However, his 6 minor children are illegitimate.
between the illegitimate child and the legitimatechildren and relatives of the father or mother of said legitimate child. Theymay have a natural tie of blood, but this is not recognized by law for thepurposes of Art. 992.
An illegitimate child cannot inherit ab intestate from the legitimatechildren and relatives of his father and mother.