DELA MERCED vs. DELA MERCED

DELA MERCED  vs. DELA MERCED

February 25, 1999

FACTS:  

Evarista M. dela Merced died intestate, without issue and left (5) parcels of land. At the time of her death, Evarista was survived by three sets of heirs.

On April 20, 1989, the three sets of heirs of the decedent, executed an extrajudicial settlement, adjudicating the properties of Evarista to them, each set with a share of (1/3) pro-indiviso. Joselito P. Dela Merced, illegitimate son of the late Francisco, filed a "Petition for Annulment of the Extrajudicial and prayed that he be included to share in the (1/3) pro-indiviso share in the estate of corresponding to the heirs of Francisco.

  

ISSUE:

WON Joselito as an illegitimate child is barred from inheriting from Evarista’s estate.

HELD:

 No.  Article 992 of the NCC is not applicable because involved here is not a situation where an illegitimate child would inherit ab intestato from a legitimate sister of his father, which is prohibited by the aforesaid provision of law. Rather, it is a scenario where an illegitimate child inherits from his father, the latter's share in or portion of, what the latter already inherited from the deceased sister, Evarista. As opined by the Court of Appeals, the law in point in the present case is Article 777 of the NCC, which provides that the rights to succession are transmitted from the moment of death of the decedent. Since Evarista died ahead of her brother Francisco, the latter inherited a portion of the estate of the former as one of her heirs. Subsequently, when Francisco died, his heirs inherited his (Francisco's) share in the estate of Evarista.