Portea v. Pabellon
GR L-1367. 16 August 1949
FACTS:
This is an appeal from a judgment of the CFI holding that upon the death of Pablo Luce, “all his properties were inherited by his legitimate daughter Cristeta Luce who survived him for at least half an hour, she having died about half an hour after” the death of her father. Pablo Luce was 45 years old, whereas Cristeta Luce was only 13 years of age.
The appellant is the nephew of Pablo. The appellees are the maternal grandparents of Cristeta.
ISSUES:
1. WON the presumption of survivorship should be applied
2. WON the appellees may inherit from Cristeta by right of representation
RULING:
Yes. There is a factual conclusion, supported by evidence, that Pablo died half an hour before Cristeta. And as such, the appellant is NOT correct in claiming that “the presumption, in the absence of proof as to which of two persons (who have perished in the same calamity) died first, the person between the ages of 15 and 60 is presumed to have survived the person under 15 or over 60”.
No. Article 925 of the NCC provides that the right of representation shall take place in the direct descending line but never in the ascending, and that in the collateral line, it shall take place only in favour of the children of brothers and sisters, whether they may be of the whole or half blood. The appellees are not in the direct descending line, but are only maternal grandparents of Cristeta, they cannot inherit by representation BUT the appellees are claiming inheritance from their grandchild IN THEIR OWN RIGHTS AS ASCENDANTS and not merely by right of representation, it appearing that Cristeta did not leave legitimate children or ascendants.
