Category Archives: Succession

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



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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De los Santos v. De la Cruz, G.R. No. L-29192, 22 February 1971



The parties admit that the owner of the estate, subject matter of the extrajudicial partition agreement, was Pelagia de la Cruz, who died intestate; that defendant-appellant (De la Cruz)is a nephew of the said decedent; that plaintiff-appellee (De los Santos) is a grandniece of Pelagia de la Cruz, her mother, Marciana de la Cruz, being a niece who predeceased said Pelagia de la Cruz; and that the purpose of the extrajudicial partition agreement was to divide and distribute the estate among the heirs of Pelagia de la Cruz.


What is the effect of an extra-judicial partition which included a person who is not an heir of the deceased?


The extrajudicial partition agreement is void with respect to plaintiff-appellee.

Article 1105 of the Civil Code provides: “A partition which includes a person believed to be a heir, but who is not, shall be void only with respect to such person.” Partition of property affected between a person entitled to inherit from the deceased owner thereof and another person who thought he was an heir, when he was not really and lawfully such, to the prejudice of the rights of the true heir designated by law to succeed the deceased, is null and void. A fortiori, plaintiff-appellee could hardly derive from the agreement the right to have its terms enforced.



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