Petitioner opposed the claim or respondents to the estate of her husband on the ground that mother was an illegitimate child (and their parents marriage is a subsequent marriage after a divorce in Paris not recognized in the Philippines.)
Facts:
When Samuel Bischoff Werthmuller died, his estate in Iloilo was issued to his wife Dona Ana Ramirez. However, he has a natural daughter named Leona Castro who was born in Bacolod to a woman named Felisa Castro. Samuel Bischoff tacitly (expressly without words) recognized Leona as his daughter and treated her as such. Leona married von Kauffman in Iloilo. He brought Leona to Switzerland for healing but there she fell in love with Doctor Mory who was divorced. Von Kauffman went to Paris and filed a divorce in the French Court. After the divorce and before the 2nd marriage, Leontina Elizabeth was born. Subsequently, Doctor Mory and Leona got married in Westminster under the English Law, and after which, they begot 2 more children who are the respondents herein.
CFI: Leontina Elizabeth was entitled to one-third of the estate of the late Samuel Bischoff, hence the appeal.
SC: Reversed. the von Kauffman children will be admitted to share equally in one-third of the estate as provided in the decision of Judge Powell of November 14, 1916.
Issue:
Should the children of Leona Castro with Doctor Mory inherit the estate of Samuel Bischoff?
A: Is Leontina a legitimated daughter?
Ruling:
A: No. She was an offspring of an adulterous relationship and such was incapable of legitimation. In other words, she was conceived and born when Leonora was still married with von Kauffman. But the decree of divorce upon which reliance is placed by the representation of the Mory children cannot be recognized as valid in the courts of the Philippine Islands.
The claims of the Mory children to participate in the estate of Samuel Bischoff must therefore be rejected. The right to inherit is limited to legitimate, legitimated, and acknowledged natural children. The children of adulterous relations are wholly excluded. The word “descendants,” as used in article 941 of the Civil Code cannot be interpreted to include illegitimates born of adulterous relations.
English