GR 35686; (October, 1932) (Digest)
G.R. No. 35686 ; October 27, 1932
In re Intestate Estate of the deceased Pedro de los Reyes. ROSA DE LOS REYES, petitioner-appellant, vs. GUILLERMA LEONARDO and OLIMPIA DE LOS REYES, oppositors-appellees.
FACTS
Petitioner-appellant Rosa de los Reyes commenced intestate proceedings for the estate of her father, Pedro de los Reyes. She and Pedro’s second wife, Guillerma Leonardo, initially agreed to settle the estate between themselves. Oppositor-appellee Olimpia de los Reyes later filed a motion claiming she was the legitimate granddaughter of Pedro, being the daughter of Pedro’s son Maximo de los Reyes, and thus entitled to inherit. Rosa opposed, denying Olimpia’s filiation. The trial court found that Pedro de los Reyes was married to Angela Trinidad and they had three children: Marcos, Rosa (the appellant), and Maximo. Maximo married Serapia Anonuevo and they had a daughter, Olimpia. Olimpia was given to Rosa and her husband as a child, but later returned to live with her mother after a habeas corpus proceeding.
ISSUE
Whether Olimpia de los Reyes is the legitimate granddaughter and an heir of the deceased Pedro de los Reyes.
RULING
Yes. The Supreme Court affirmed the trial court’s order declaring Olimpia as a legitimate granddaughter and heir. The Court upheld the factual findings of the trial court. It noted Rosa’s prior judicial admission in the habeas corpus case, where she swore under oath that she was the “first aunt (tia carnal)” of Olimpia, the daughter of her brother Maximo. This admission was binding and could not be belied. Furthermore, evidence regarding Maximo’s age and death certificates supported the conclusion that Maximo was a legitimate child of Pedro de los Reyes and Angela Trinidad, born before their separation. Therefore, Olimpia, as Maximo’s legitimate daughter, is entitled to participate in the distribution of Pedro de los Reyes’s estate.
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