Leonardo v.

CA
G.R. No. L-51263 February 28, 1983

FACTS:

Francisca Reyes died intestate on July 12, 1942 and was survived by

two daughters, Maria and Silvestra Cailles and a grandson, Sotero Leonardo, the son of
her daughter, Pascuala Cailles who predeceased her. Sotero Leonardo died in 1944,
while Silvestra Cailles died in 1949 without any issue. On October 29, 1964,
petitioner Cresenciano Leonardo, claiming to be the son of the late Sotero Leonardo,
filed a complaint for ownership of properties, sum of money and accounting in
the Court of First Instance of Rizal seeking judgment (1) to be declared one of the lawful
heirs of the deceased Francisca Reyes, entitled to one-half share in the estate of said
deceased jointly with defendant, private respondent herein, Maria Cailles, (2) to have
the properties left by said Francisca Reyes, described in the complaint, partitioned
between him and defendant Maria Cailles, and (3) to have an accounting of all the
income derived from said properties from the time defendants took possession thereof
until said accounting shall have been made, delivering to him his share therein with
legal interest. 

Answering the complaint, private respondent Maria Cailles asserted

exclusive ownership over the subject properties and alleged that petitioner is an
illegitimate child who cannot succeed by right of representation. For his part, the other
defendant, private respondent James Bracewell, claimed that said properties are now
his by virtue of a valid and legal deed of sale which Maria Cailles had subsequently
executed in his favor. These properties were allegedly mortgaged to respondent Rural
Bank of Paranaque, Inc. sometime in September 1963.

ISSUE:

Whether or not petitioner, as the great grandson of Francisca Reyes, has legal right to

inherit by representation.

RULING:

No. Even if it is true that petitioner is the child of Sotero Leonardo, still he cannot, by
right of representation, claim a share of the estate left by the deceased Francisca Reyes
considering that, as found again by the Court of Appeals, he was born outside wedlock
as shown by the fact that when he was born on September 13, 1938, his alleged putative
father and mother were not yet married, and what is more, his alleged father’s first
marriage was still subsisting. At most, petitioner would be an illegitimate child who has
no right to inherit ab intestato from the legitimate children and relatives of his father,
like the deceased Francisca Reyes. (Article 992, Civil Code of the Philippines.)
 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 sole heir
of the deceased

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.