Landayan v. Bacani
G.R. No. L-30455 September 30, 1982
FACTS:
Teodoro Abenojar died intestate, leaving al parcels of land located in Urdaneta, Pangasinan, and a house and lot in Manila. Maxima Andrada, the surviving spouse of Teodoro Abenojar, and Severino Abenojar, executed a public document, entitled “Extra-Judicial Agreement of Partition” whereby they adjudicated between themselves the properties left by Teodoro Abenojar. Severino Abenojar represented himself in said document as “the only forced heir and descendant” of the late Teodoro Abenojar. Petitioners herein filed a complaint in the CFI of Pangasinan presided over by the respondent Judge seeking a judicial declaration that they are legal heirs of the deceased Teodoro Abenojar, They alleged that they are the legitimate children of Guillerma Abenojar, then already deceased, who was the only child of Teodoro Abenojar with his first wife named Florencia Bautista; and that while Teodoro Abenojar contracted a second marriage with Antera Mandap and a third with private respondent Maxima Andrada, he did not have any offspring in any of the said second and third marriages. They aver that private respondent Severino Abenojar is an illegitimate son of Guillerma Abenojar. They accordingly pray that they be declared as among the legal heirs of the deceased Teodoro Abenojar entitled to share in his estate.
ISSUE:
WON Severino Abenojar is not a legal heir of Teodoro Abenojar.
RULING:
The right of Severino Abenojar to be considered a legal heir of Teodoro Abenojar depends on the truth of his allegations that he is not an illegitimate child of Guillerma Abenojar, but an acknowledged natural child of Teodoro Abenojar. On this assumption, his right to inherit from Teodoro Abenojar is recognized by law. He even claims that he is the sole legal heir of Teodoro Abenojar inasmuch as the petitioners Landayans, who are admittedly the children of the deceased Guillerma Abenojar, have no legal successional rights from Teodoro Abenojar, their mother being a spurious child of Teodoro Abenojar.
Should the petitioners be able to substantiate their contention that Severino Abenojar is an illegitimate son of Guillerma Abenojar, he is not a legal heir of Teodoro Abenojar. The right of representation is denied by law to an illegitimate child who is disqualified to inherit ab intestato from the legitimate children and relatives of Ms father. On this supposition, the subject deed of extra- judicial partition is one that included a person who is not an heir of the descendant whose estate is being partitioned.
