GR 84240; (March, 1992) (Digest)
G.R. No. 84240 March 25, 1992
OLIVIA S. PASCUAL and HERMES S. PASCUAL, petitioners, vs. ESPERANZA C. PASCUAL-BAUTISTA, MANUEL C. PASCUAL, JOSE C. PASCUAL, SUSANA C. PASCUAL-BAUTISTA, ERLINDA C. PASCUAL, WENCESLAO C. PASCUAL, JR., INTESTATE ESTATE OF ELEUTERIO T. PASCUAL, AVELINO PASCUAL, ISOCELES PASCUAL, LEIDA PASCUAL-MARTINES, VIRGINIA PASCUAL-NER, NONA PASCUAL-FERNANDO, OCTAVIO PASCUAL, GERANAIA PASCUAL-DUBERT, and THE HONORABLE PRESIDING JUDGE MANUEL S. PADOLINA of Br. 162, RTC, Pasig, Metro Manila, respondents.
FACTS
Don Andres Pascual died intestate on October 12, 1973, without any issue. He was survived by his spouse, Adela Soldevilla de Pascual, and several relatives. The petitioners, Olivia S. Pascual and Hermes S. Pascual, are the acknowledged natural (illegitimate) children of Eligio Pascual, who was a full-blood brother of the decedent. The other respondents are legitimate children of the decedent’s other full-blood and half-blood brothers. Adela Soldevilla de Pascual filed a petition for the administration of the intestate estate. On October 16, 1985, all the other heirs entered into a Compromise Agreement, over the petitioners’ vehement objections, though the agreement stated it was without prejudice to the determination of the petitioners’ claims. The petitioners filed motions asserting their hereditary rights. The Regional Trial Court denied their motion. The Court of Appeals dismissed their petition, affirming the trial court’s decision.
ISSUE
Whether or not Article 992 of the Civil Code of the Philippines, which prohibits intestate succession between an illegitimate child and the legitimate relatives of his or her parent, applies to bar the petitioners, as acknowledged natural children, from inheriting from the intestate estate of their legitimate uncle, Don Andres Pascual.
RULING
The Supreme Court DISMISSED the petition and AFFIRMED the decision of the Court of Appeals. The Court ruled that Article 992 of the Civil Code absolutely prohibits an illegitimate child from inheriting ab intestato from the legitimate children and relatives of his or her father or mother. This prohibition applies to all illegitimate children, including acknowledged natural children. The petitioners, as illegitimate children of Eligio Pascual (a legitimate brother of the decedent), cannot represent their father in the succession to the intestate estate of their legitimate uncle, Don Andres Pascual. The Court cited and applied the doctrine established in Diaz v. Intermediate Appellate Court, which held that the right of representation is not available to illegitimate descendants of legitimate children in the inheritance of a legitimate grandparent or relative, as this would circumvent the barrier set by Article 992. The law is clear and unequivocal, and the term “illegitimate” in Article 992 refers to both natural and spurious children.