Suntay III v. Cojuangco-Suntay, G.R. No. 183053, 16 June 2010

01 Apr



Petitioner argues that Article 992 of the Civil Code, the successional bar between the legitimate and illegitimate relatives of a decedent, does not apply in this instance where facts indubitably demonstrate the contrary – Emilio III, an illegitimate grandchild of the decedent, was actually treated by the decedent and her husband as their own son, reared from infancy, educated and trained in their businesses, and eventually legally adopted by decedent’s husband, the original oppositor to respondent’s petition for letters of administration.


Whether or not the illegitimate child may inherit from the grandparent, who treated the former like his own son, notwithstanding Article 992 of the Civil Code.


YES. The factual antecedents of this case accurately reflect the basis of intestate succession, i.e., love first descends, for the decedent, Cristina, did not distinguish between her legitimate and illegitimate grandchildren. Neither did her husband, Federico, who, in fact, legally raised the status of Emilio III from an illegitimate grandchild to that of a legitimate child. The peculiar circumstances of this case, painstakingly pointed out by counsel for petitioner, overthrow the legal presumption in Article 992 of the Civil Code that there exist animosity and antagonism between legitimate and illegitimate descendants of a deceased.

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Posted by on April 1, 2017 in Case Digests, Civil Law, Succession


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