·
Teodoro R.
Yangco died in Manila at the age of seventy-seven years. His will was probated
in the CFI.
·
Yangco had
no forced heirs. At the time of his death, his nearest relatives were
o (1) his half brother, Luis R. Yangco,
o (2) his half sister, Paz Yangco,
o (3) Amalia Corpus, Jose A. V. Corpus, and Ramon L.
Corpus, the children of his half brother, Pablo Corpus, and
o (4) Juana (Juanita) Corpus, the daughter of his
half brother Jose Corpus. (†)
·
A project
of partition was submitted by the administrator and the legatees named in the
will. That project of partition was opposed
by the estate of Luis R. Yangco whose counsel contended that an intestacy should be declared because the
will does not contain an institution of heir.
·
The
Probate court approved the project of partition. Appeals were taken by Pedro
Martinez, Juliana de Castro , Juanita Corpus (deceased) and the estate of Luis
R. Yangcobut were dismissed after the legatees and the appellants entered into compromise agreements.
·
In the
compromise the legatees agreed to pay P35,000 to Pedro Martinez, the heirs of
Pio V. Corpus, peaches, the heirs of Isabel Corpus and the heir of Juanita Corpus (Tomas
Corpus). Tomas Corpus signed that compromise settlement and received from the
Yangco estate P2,000as settlement of his full share.
·
But,
subsequently, Tomas Corpusfiled an action to recover her (Juanita’s) supposed
share in Yangco intestate estate.
·
He alleged
in his complaint that the dispositions are void since it was a perpetual
prohibition on alienation and an intestacy be declared.
·
TC dismissed
the action on the grounds of res judicata and laches.
·
CA endorsed
the case to the SC since it covers real property valued at more than 50k.
Issue:
WON Tomas Corpus may inherit from TeodoroYangco [NO, because his mother (Juana
Corpus does not have the right to inherit via intestacy from his half-blood
brother]
Ruling:
·
Trial
Court: Teodoro R. Yangco was an acknowledged
natural child and not a legitimate child. Itwas proven in the statement in
the will of his father, Luis Rafael Yangco.
·
Court
presumed that there was a marriage between Ramona and Tomas (first family).
·
Since
Teodoro R. Yangco was an acknowledged natural child or was illegitimate and
since Juanita Corpus was the legitimate child of Jose Corpus, himself a
legitimate child, we hold that appellant Tomas
Corpus has no cause of action for the recovery of the supposed hereditary share
of his mother, Juanita Corpus, as a legal heir, in Yangco's estate. Juanita Corpus was not a legal heir of
Yangco because there is no reciprocal succession between legitimate and
illegitimate relatives.
·
OCC 943
"prohibits all successory reciprocity mortis causa between legitimate and
illegitimate relatives"
·
article
992 of the Civil Code which provides that "an illegitimate child has no
right to inherit ab intestato from the legitimate children and relatives of his
father or mother; nor shall such children or relatives inherit in the same
manner from the illegitimate child".
·
Under
articles 944 and 945 of the Spanish Civil Code, "if an acknowledged
natural or legitimated child should die without issue, either legitimate or
acknowledged, the father or mother who acknowledged such child shall succeed to
its entire estate; and if both acknowledged it and are alive, they shall
inherit from it share and share alike. In default of natural ascendants,
natural and legitimated children shall be succeeded by their natural brothers
and sisters in accordance with the rules established for legitimate brothers
and sisters."
·
Hence, Teodoro R. Yangco'shalf brothers on the
Corpus side, who were legitimate, had no right to succeed to his estate under
the rules of intestacy.
·
By reason
of that same rule, the natural child
cannot represent his natural father in the succession to the estate of the
legitimate grandparent. The natural daughter cannot succeed to the estate
of her deceased uncle, a legitimate brother of her natural mother
·
Trial
Court Affirmed.
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