GR 28265; (November, 1928) (Digest)
G.R. No. 28265 , November 5, 1928
NATIVIDAD CENTENO, ET AL., plaintiffs-appellants, vs. MARTINA CENTENO, ET AL., defendants-appellees. NICOLAS CENTENO, ET AL., intervenors-appellants.
FACTS
The case involves the partition of the estates of the deceased spouses Isaac Centeno and Melchora Arroyo. Isaac Centeno died in 1905, survived by his wife Melchora and their three legitimate sons: Valentin, Faustino, and Antonio. Isaac’s will instituted his three sons as his sole universal heirs to one-half of his property, to be divided equally. Melchora Arroyo, as the surviving spouse, was entitled to the other half as her conjugal share. She was appointed administratrix of Isaac’s estate.
Subsequently, Antonio Centeno died in 1907, leaving a will that acknowledged eight natural children (the defendants-appellees, Martina Centeno et al.) and instituted them as his heirs. Melchora Arroyo died in 1911, leaving a will that instituted her grandchildren (the legitimate children of her sons Valentin and Faustino) as her heirs.
In 1911, an extrajudicial agreement of partition was executed among the heirs, including the natural children of Antonio. This partition was later submitted to and approved by the court. Later, the legitimate heirs (plaintiffs and intervenors, descendants of Valentin and Faustino) filed an action seeking: (1) a new partition of all properties described in the complaint according to law and the wills; (2) a declaration that the 1911 partition was void as to the portion given to the defendants (Antonio’s natural children); and (3) recovery of possession and fruits from those properties.
The defendants, in turn, sought in their cross-complaint the partition of remaining properties held pro indiviso and the delivery of specific properties in the plaintiffs’ possession.
The Court of First Instance upheld the 1911 partition agreement, denied the plaintiffs’ and intervenors’ prayers for a new partition and annulment, ordered the delivery of some properties to defendants, and ruled on the status of various parcels.
ISSUE
1. Are the acknowledged natural children of Antonio Centeno entitled to inherit from the estate of their legitimate grandmother, Melchora Arroyo?
2. Is the extrajudicial partition agreement of 1911, which included the natural children of Antonio Centeno and was later approved by the court, valid and binding?
3. Are the plaintiffs and intervenors entitled to a new partition and the annulment of the 1911 partition?
RULING
1. No. The Supreme Court affirmed that, under the Civil Code then in force, acknowledged natural children (like the defendants) have no right to succeed by right of representation the legitimate relatives of their natural father. They cannot represent Antonio Centeno in the inheritance of his legitimate mother, Melchora Arroyo. Their right of succession extends only to their natural father and his legitimate ascendants and collaterals only in certain, limited cases not applicable here. Therefore, the defendants had no right to inherit from Melchora Arroyo’s estate.
2. Yes, the partition is valid and binding. The Court ruled that the partition, though initially extrajudicial, became judicial upon its approval by the court. The participation of the natural children in the partition, alongside the legitimate heirs, did not render the partition void. The fact that one heir, Jesus Centeno Second (a minor), was represented by his mother in the agreement was validated by the court’s subsequent approval. The partition had long become final and irrevocable, and the action to annul it was barred.
3. No. Since the 1911 partition was valid and final, the plaintiffs and intervenors were not entitled to have it set aside or to demand a new partition based on the same properties already covered by that agreement.
DISPOSITIVE PORTION:
The Supreme Court AFFIRMED the judgment of the lower court, with the sole modification of ordering the partition of the remaining conjugal property of Isaac Centeno and Melchora Arroyo which was declared pro indiviso. The 1911 partition was upheld. The defendants’ rights were limited to their inheritance from their natural father, Antonio Centeno, and they were not entitled to inherit from Melchora Arroyo.
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