Lesson: The legitimate daughter of a daughter legitimated by subsequent marriage, now deceased, is entitled to inherit from a brother of her mother who is a legitimate son of the same parents who legitimated her mother by subsequent marriage, and who died after the Civil Code took effect.
Respondent assails the decision of the trial court declaring that the only intestate heirs of his deceased uncle (Antonio) was the heirs of his wife.
Facts:
The mother of respondent Maria Luciano was born in 1836 when her parents are not yet married. Subequently, they got married in 1838 and had legitimate children, Antonio and Fortunato. Years had passed, respondent Maria Luciano took care of her uncle Antonio until his death. The heirs of Antonio’s wife argued they have the right to his estate, while Maria Luciano otherwise claim that she is the sole heir.
Issue:
Is Maria Luciano the sole heir of the intestate estate of his uncle Antonio Escobar?
Ruling:
Yes.
(1) It must first be established that respondent’s mother is the legitimated child of her grandparents. First, whether she was a natural child; Second, whether she was openly acknowledged. Evidences show in the affirmative.
Spanish Laws Law I, Title XIII, Partida IV – It is established that a child is considered natural when at the time of its conception or birth its parents could have married without dispensation and when the father was expressly or tacitly acknowledged it.
The continuous possession of the status of a natural child, justified by direct acts of its parents and their family under the legislation prior to the Civil Code, constitutes tacit recognition of paternity (Law 11 of Toro).
(2) As a legitimate daughter of a legitimated child, is she entitled to inherit the intestate estate of her uncle? Yes
a. The 12th transitory provision of the Civil Code: The inheritance of those who died after that time, with or without a will, shall be allotted and divided in accordance with this Code.
b. Article 953 of the Civil Code provides that should children of brothers or sisters exist, the surviving spouse (Luciana) shall, concurrently with said children (Maria Luciano), be entitled to receive the part of the inheritance in usufruct assigned him or her in article 837, that is, one-half of the estate in usufruct.
When Antonio Escobar died intestate in 1932, his niece was entitled to inherit the full ownership of one-half of his estate; and the naked ownership of the other half belonged to the surviving spouse. However, the usufructuary right of the widow Luciana de los Santos was extinguished upon her death thereby consolidating the naked ownership to Maria Luciano.
CFI incorrectly applied Chapter IV Section III. The word “legitimated” employed in Section III, Chapter IV of Book Three of the Civil Code refers to children legitimated by royal concession, and not to those legitimated by subsequent marriage.
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