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Anselma Diaz (guardian of Victor, Rodrigo, Anselmina and Miguel Santero) and Felixberta Pacursa (guardian of Federico Santero)

et al V IAC and Felisa Pamuti Jardin

Facts: Respondent Felisa filed petition for her to be appointed administrator of the properties of Simona Santero; o Shes Simonas niece; Simona is the sister of Felisas mother; o Simona is the widow of Pascual and the mother of Pablo; o Pablo predeceased her mother Simona together with 6 minor natural children (4 with Anselma and 2 with Felixberta) Felisima was declared sole legitimate heir by the LC; o She also wanted to intervene with in the instestate estates of Pablo and Pascual; o BUT petitioners opposed and later which was granted; she was excluding from intervening in the settlement of the intestate estate of Simona, Pascual and Pablo; declaring her not to be an heir; HOWEVER, IAC reversed so Felisima declared as sole heir.

Pablo is a legitimate child; petitioners are illegitimate children of Pablo; Article 992 provides a barrier or iron curtain in that it prohibits absolutely a succession ab intestato between the illegitimate child and the legitimate children and relatives of the father or mother of said legitimate child; They may have natural tie of blood, but this is not recognized by law for the purposes of Art. 992; o Between the legitimate family and the illegitimate family there is presumed to be an intervening antagonism and incompatibility. The illegitimate child is disgracefully looked down upon by the legitimate family; the family is in turn, hated by the illegitimate child; the latter considers the privileged condition of the former, and the resources of which it is thereby deprived; the former, in turn, sees in the illegitimate child nothing but the product of sin, palpable evidence of a blemish broken in life; the law does no more than recognize this truth, by avoiding further grounds of resentment; So petitioners could not represent their father because of the bar in Art 992;

Petitioners: Article 941 of the Spanish Civil Code is changed by Article 990 of the New Civil Code; SC: Erroneous; reproduced refelctions of Justice JBL Reyes; In the Spanish Civil Code of 1889 the right of representation was admitted only within the legitimate family; so much so that Article 943 of that Code prescribed that an illegitimate child can riot inherit ab intestato from the legitimate children and relatives of his father and mother The Civil Code of the Philippines apparently adhered to this principle since it reproduced Article 943 of the Spanish Code in its own Art. 992, but with fine inconsistency, in subsequent articles (990, 995 and 998) our Code allows the hereditary portion of the illegitimate child to pass to his own descendants, whether legitimate or illegitimate The phrase "legitimate children and relatives of his father or mother" includes Simona as the word "relative" includes all the kindred of the person spoken of; DISMISSED.

The Problem: Who are the legal heirs of Simona Santero? Her niece Felisa (respondent); or Her grandchildren (petitioners) who are the natural children of Simonas legitimate son Pablo? Answer: Her niece Felisa. Issue: Whether petitioners as illegitimate children of Pablo could inherit from Simona by right of representation of their father Pablo Santero who is a legitimate child of Simona. No. Ratio: Petitioners contend: Appropriate law is Art. 990 of NCC; That it modifies Art 941 of OCC and recognizes the right of representation (Art. 970) to descendants, whether legitimate or illegitimate; and That Art. 941, Spanish Civil Code denied illegitimate children the right to represent their deceased parents and inherit from their deceased grandparents, but that Rule was expressly changed and/or amended by Art. 990 New Civil Code which expressly grants the illegitimate children the right to represent their deceased father Pablo; SC: it holds no water; Since the heridatary conflict refers solely to the intestate estate of Simona, who is the legitimate mother of Pablo, the applicable law is the provision of Art. 9921;

shall such children or relatives inherit in the same manner from the illegitimate child. (943a)

ART. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor