Sayson v. CA
GR 892224-25, January 23, 1992
FACTS:
Eleno and Rafaela (E and R) Sayson begot 5 children: Mauricio (M), Rosario (Ro), Basilisa (B), Remedios (Re) and Teodoro (T) (MRoBRe: plaintiffs ). T married Isabel (I). Upon the death of T and I, their properties were in the possession of Delia (De), Edmundo (E) and Doribel (Do) (DeEDo: defendants) , their children.
The plaintiffs filed for partition of the intestate estate of T and I. It was opposed by DeEDo alleging their successional rights to the estate as the lawful descendants. Subsequently, DeEDo filed for partition of intestate estate of E and R as they are titled to inherit T’s share in his parents’ estate by right of representation because DeE are adopted children and Do was legitimate daughter.
The RTC found the defendants qualified to inherit from E and R by right of representation. The CA found De and E disqualified from inheriting from E and R.
ISSUE:
Whether or not DeEDo may inherit from the estate of E and R by right of representation
RULING:
As to Do, YES, for she was a legitimate daughter of T and thus granddaughter of E and R. She has right to represent her deceased father in the distribution of intestate estate of her grandparents. She is entitled to the share her father would have directly inherited had he survived, which shall be equal to the shares of her grandparents’ other children.
As to DeE, to whom the grandparents were total strangers, cannot inherit by representation. While it is true that the adopted child shall be deemed to be a legitimate child and have the same right as the latter, these rights do not include right of representation. The relationship created by the adoption is between the adopting parents and the adopted child and does not extend to the blood relative of either party.
