Petitioner
Blanquita E. Dela Merced
Respondent
Joselito P. Dela Merced
Citation
G.R. No. 126707
Court
Supreme Court
Division
Third Division
Ponente
Purisima, J.
Decided
February 25, 1999

Summary

This succession case involves the rights of an illegitimate child to inherit his deceased father's share in his aunt's estate. Evarista dela Merced died intestate, leaving property to be inherited by three heir groups including her brother Francisco. When Francisco died, his legitimate heirs executed an extrajudicial settlement excluding his illegitimate son Joselito. The Supreme Court ruled that Joselito has the right to inherit his father's share in Evarista's estate, clarifying that Article 992's prohibition against illegitimate children inheriting from legitimate relatives does not apply when the illegitimate child inherits through his father's estate. The decision establishes important precedent on the distinction between direct inheritance by illegitimate children from legitimate relatives versus inheritance through their parent's estate, emphasizing that succession rights are transmitted immediately upon death under Article 777 of the Civil Code.

Statutes applied

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By Intellegal Editorial Board · February 25, 1999

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