COELI

CASE NO. 86
Art. 888: Legitime of Legitimate Children and Legitimate
Descendants
REGINA FRANCISCO, ZENAIDA PASCUAL v. AIDA FRANCISCO-
ALFONSO

FACTS: Gregorio owned 2 parcels of residential land, his only property.

After Gregorio died, Aida (legitimate child) inquired about the TCTs from
rspondents (illegitimate). They informed her that Gregorio had sold the
land to them. Aida alleged that the signature of her late father on
the Kasulatan was a forgery.

ISSUE: W/N a legitimate daughter may be deprived of her share in the

estate of her deceased father by a simulated contract

RULING: NO. The kasulatan was simulated. Even if the kasulatan was

not simulated, it still violated the Art. 888 NCC provision insofar as the
transaction affected respondent's legitime. Gregorio did not own any
other property. If indeed the parcels of land involved were the only
property left by their father, the sale in fact would deprive
respondent of her share in her father's estate. By law, she is entitled
to half of the estate of her father as his only legitimate child.