Vda. De Crisologo v. Court of Appeals
G.R. No. L-44051 June 27, 1985
FACTS:
Julia Capiao maintained extra-marital relations with one Victoriano Taccad and begot with him one child and/or forced heir, named Lutgarda Capiao who was married to Raymundo Zipagan both of whom died at Cauayan, Isabela in 1970 and 1964, respectively, without any children and/or immediate forced heirs. Lutgarda Capiao died on November 11, 1970 at Cauayan, Isabela, without any will. Intestate succession took place and the herein plaintiffs, as relatives within the fifth civil degree to her Lutgarda Capiao were consequently instituted as Lutgarda’s legal heirs and were legally entitled to inherit all the properties which were hers by virtue of the extra- judicial partition.
ISSUE:
Whether or not plaintiffs can inherit from Lutgarda Capiao, the original owner of the properties in question.
RULING:
No. Clearly, they can not because the legitimate relatives of Julia Capiao cannot inherit from an illegitimate child of the latter, because that is the clear and unmistakable provision of Article 992 of the New Civil Code. Neither can Lutgarda Capiao inherit from the legitimate relatives of Julia Capiao who are the plaintiffs in the instant case.
