Vda. de Crisologo v. CA

Download as pdf or txt
Download as pdf or txt
You are on page 1of 1

Vda.

de Crisologo v. Court of Appeals Ruling: YES. It is clear from the records that the
[G.R. No. L-44051. June 27, 1985.] petitioners cannot inherit the properties in
Gutierrez Jr., J.: question because of Article 992 of the Civil Code.
Being relatives on the legitimate line of Julia
Topic: Reason for the barrier (Art. 992) Capiao, they cannot inherit from her illegitimate
daughter. Their relative Julia Capiao predeceased
Facts: Petitioners Eufracia Vda. de Crisologo et al. the daughter, Lutgarda Capiao.
filed an action against the private respondent for
ownership, annulment of sale and delivery of > Reason for the barrier under Art. 992:
possession of various properties. Petitioners
claim to be the legal heirs of the vendor Lutgarda Manresa: Between the natural child and the
Capiao, who sold 17 parcels of land and a legitimate relatives of the father or mother who
residential house in favor of respondent Bernardo acknowledged it, the Code denies any right of
Mallillin. succession. They cannot be called relatives and
they have no right to inherit. Of course, there is
Private respondent then filed a motion for a blood tie, but the law does not recognize it.
summary judgment, on the ground that Lutgarda
was the ILLEGITIMATE daughter of the late Julia > Presumed will of the parties: In this Article
Capiao and thus, the plaintiffs are complete 943 is based upon the reality of the facts and upon
strangers to her and are not real parties in the presumptive will of the interested parties; the
interest, and have no cause of action nor natural child is disgracefully looked down upon
personality to maintain the proceedings. by the legitimate family; the legitimate family
is, in turn, hated by the natural child; the latter
The judge rendered a summary judgment considers the privileged condition of the former
DISMISSING the complaint. and the resources of which it is thereby deprived;
the former, in turn, sees in the natural child
The findings of the court are as follows: nothing but the product of sin, a palpable
evidence of a blemish upon the family. Every
Julia Capiao had Lutgarda Capiao following extra- relation is ordinarily broken in life; the law does
marital relations with Victoriano Taccad. no more than recognize this truth, by avoiding
Lutgarda having died without any will and as further grounds of resentment.
such, plaintiffs, as relatives within the fifth civil
degree to her, were instituted as her legal heirs
and were legally entitled to inherit all of the
properties she has left.

According to the trial court, the source of the


properties is undoubtedly an illegitimate child
(Lutgarda). Clearly, they cannot [inherit] 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.

Issue: WON the lower court correctly ruled that


the petitioners cannot inherit from Lutgarda.

You might also like