Civil Law Review 2020 193 Yap vs.

CA
Art. 142 & 185, NCC (now Art. 148, FC) 1986 Gutierrez, Jr.

FACTS

Maning Yap, in his lifetime, married twice: the first with Talina Bianong in 1939 and the second with Nancy Yap
in 1948. In 1964, Maning died in an airplane crash. Talina filed for the issuance of letters of administration to
her, which was opposed by Nancy. The trial court ruled in favor of Talina and declared her and her children the
legal heirs of Maning. Upon appeal, the CA reversed the decision and ruled that the estate must be divided
equally into two parts (ruling based in Leyes de Partidas 1): ½ to Talina and her children; the other half to
Nancy and her children. Nancy, in the instant petition, contended that Maning died during the effectivity of the
New Civil Code and thus must be governed by the said Code and not by Leyes de Partidas.

RATIO

W/N the spouse and the children in a void subsequent marriage can inherit from the estate of the
deceased spouse
NO, for the spouse; YES, for the children. The rights to the inheritance of a person who died after the
effectivity of the New Civil Code shall be governed by the latter.

There was no question that the second marriage was illegal and void since it was contracted while the
marriage of Talina and Maning was subsisting. Moreover, the real and personal properties under
administration in the intestate estate proceedings of Maning were acquired by Talina and Maning during
their marriage. As such, Talina is entitled to share in Maning’s estate upon his death since she had not lost or
relinquished her status as the putative heir of Maning. Nancy, on the other hand, cannot inherit from Maning
since their marriage was void ab initio. However, Nancy Yap's children by Maning Yap have the status of
natural children by legal fiction and are considered compulsory heirs of the late Maning Yap.

The net estate of Maning, which is ½ of the net remainder of the conjugal partnership of gains of the first
marriage (the other half accrued to Talina, the legitimate wife), should be distributed as follows:
 2 legitimate children – each receives ¼ of the net estate of Maning
 Legitimate widow, Talina – ¼ of the net estate taken from the free portion or disposable half of the
estate
 4 natural children by legal fiction (children from the second marriage) – ¼ of the net estate to be
divided equally between them (each receives 1/8 of the net estate)

1
Where two women innocently and in good faith are legally united in holy matrimony to the same man, their children and each
family will be entitled to one-half of the estate of the husband upon distribution of his estate.