Case Digest: Diaz vs. IAC, G.R. No. L-66574, June 17, 1987

Succession | Iron Curtain Rule

Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child.

Ponente:

Paras, J.:

Facts:

Felipe Pamuti and Petronila Asuncion had two legitimate children: Simona Pamuti Vda. de Santero and Juliana Pamuti.

Juliana married Simon Jardin and had Felisa Pamuti Jardin. 

Simona Pamuti Vda. de Santero is the widow of Pascual Santero and the mother of Pablo Santero, their only legitimate son.

In 1970, Pascual Santero died. 

In 1973, Pablo Santero died.

Pablo Santero was survived by his mother Simona and his four minor natural children with Anselma Diaz and two minor natural children with Felixberta Pacursa.

In 1976, Simona Santero died.

Felisa Pamuti Jardin, the niece of Simona, was allowed to intervene in the intestate estates of Pablo Santero and Pascual Santero.

Anselma Diaz, as guardian of her minor children with Pablo, opposed Felisa's intervention in Simona Pamuti Vda. de Santero's estate, as well as in the estates of Pascual and Pablo Santero. 

Felixberta Pacursa, guardian of her minor children with Pablo, supported Anselma's opposition.

CFI-Cavite: Excluded Felisa Jardin from further participation in the settlement of the estates of Simona, Pascual, and Pablo Santero, declaring her not an heir of Simona Pamuti Vda. de Santero.

IAC: Reversed the trial court's decision, affirming Felisa's status as the sole heir of Simona Pamuti Vda. de Santero and barring Anselma Diaz and Felixberta Pacursa from interfering in the declaration of heirship in Simona's estate.

Issue:

WoN her niece Felisa Pamuti Jardin is the sole legal heir of Simona Pamuti Vda. de Santero. YES

Held:

The dispute at bar refers only to the intestate estate of Simona Pamuti Vda. de Santero and the issue here is whether oppositors-appellees (petitioners herein) as illegitimate children of Pablo Santero could inherit from Simona Pamuti Vda. de Santero, by right of representation of their father Pablo Santero who is a legitimate child of Simona Pamuti Vda, de Santero.

Now then what is the appropriate law on the matter? Petitioners contend in their pleadings that Art. 990 of the New Civil Code is the applicable law on the case. They contend that said provision of the New Civil Code modifies the rule in Article 941 (Old Civil Code) and recognizes the right of representation (Art. 970) to descendants, whether legitimate or illegitimate and that Art. 941, Spanish Civil Code denied illegitimate children the right to represent their deceased parents and inherit from their deceased grandparents, but that Rule was expressly changed and/or amended by Art. 990 New Civil Code which expressly grants the illegitimate children the right to represent their deceased father (Pablo Santero) in the estate of their grandmother Simona Pamuti)." 

Petitioners' contention holds no water. Since the heridatary conflict refers solely to the intestate estate of Simona Pamuti Vda. de Santero, who is the legitimate mother of Pablo Santero, the applicable law is the provision of Art. 992 of the Civil Code which reads as follows:

ART. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. 

Pablo Santero is a legitimate child, he is not an illegitimate child. On the other hand, the oppositors (petitioners herein) are the illegitimate children of Pablo Santero.

Article 992 of the New Civil Code provides a barrier or iron curtain in that it prohibits absolutely a succession ab intestato between the illegitimate child and the legitimate children and relatives of the father or mother of said legitimate child. They may have a natural tie of blood, but this is not recognized by law for the purposes of Art. 992, Between the legitimate family and the illegitimate family there is presumed to be an intervening antagonism and incompatibility. The illegitimate child is disgracefully looked down upon by the legitimate family; the family is in turn, hated by the illegitimate child; the latter considers the privileged condition of the former, and the resources of which it is thereby deprived; the former, in turn, sees in the illegitimate child nothing but the product of sin, palpable evidence of a blemish broken in life; the law does no more than recognize this truth, by avoiding further grounds of resentment. 

Thus, petitioners herein cannot represent their father Pablo Santero in the succession of the letter to the intestate estate of his legitimate mother Simona Pamuti Vda. de Santero, because of the barrier provided for under Art. 992 of the New Civil Code.

In answer to the erroneous contention of petitioners that Article 941 of the Spanish Civil Code is changed by Article 990 of the New Civil Code, We are reproducing herewith the Reflections of the Illustrious Hon. Justice Jose B.L. Reyes which also finds full support from other civilists, to wit:

In the Spanish Civil Code of 1889 the right of representation was admitted only within the legitimate family; so much so that Article 943 of that Code prescribed that an illegitimate child can riot inherit ab intestato from the legitimate children and relatives of his father and mother. The Civil Code of the Philippines apparently adhered to this principle since it reproduced Article 943 of the Spanish Code in its own Art. 992, but with fine inconsistency, in subsequent articles (990, 995 and 998) our Code allows the hereditary portion of the illegitimate child to pass to his own descendants, whether legitimate or illegitimate. So that while Art. 992 prevents the illegitimate issue of a legitimate child from representing him in the intestate succession of the grandparent, the illegitimates of an illegitimate child can now do so. This difference being indefensible and unwarranted, in the future revision of the Civil Code we shall have to make a choice and decide either that the illegitimate issue enjoys in all cases the right of representation, in which case Art. 992 must be suppressed; or contrariwise maintain said article and modify Articles 995 and 998. The first solution would be more in accord with an enlightened attitude vis-a-vis illegitimate children. (Reflections on the Reform of Hereditary Succession, JOURNAL of the Integrated Bar of the Philippines, First Quater, 1976, Volume 4, Number 1, pp. 40-41).

It is therefore clear from Article 992 of the New Civil Code that the phrase "legitimate children and relatives of his father or mother" includes Simona Pamuti Vda. de Santero as the word "relative" includes all the kindred of the person spoken of. The record shows that from the commencement of this case the only parties who claimed to be the legitimate heirs of the late Simona Pamuti Vda. de Santero are Felisa Pamuti Jardin and the six minor natural or illegitimate children of Pablo Santero. Since petitioners herein are barred by the provisions of Article 992, the respondent Intermediate Appellate Court did not commit any error in holding Felisa Pamuti-Jardin to be the sole legitimate heir to the intestate estate of the late Simona Pamuti Vda. de Santero.

Lastly, petitioners claim that the respondent Intermediate Appellate Court erred in ruling that the Orders of the Court a quo dated December 1, 1976 and December 9, 1976 are final and executory. Such contention is without merit. The Hon. Judge Jose Raval in his order dated December 1, 1976 held that the oppositors (petitioners herein) are not entitled to intervene and hence not allowed to intervene in the proceedings for the declaration of the heirship in the intestate estate of Simona Pamuti Vda. de Santero. Subsequently, Judge Jose Raval issued an order, dated December 9, 1976, which declared Felisa Pamuti-Jardin to be the sole legitimate heir of Simona Pamuti. The said Orders were never made the subjects of either a motion for reconsideration or a perfected appeal. Hence, said orders which long became final and executory are already removed from the power of jurisdiction of the lower court to decide anew. The only power retained by the lower court, after a judgment has become final and executory is to order its execution. The respondent Court did not err therefore in ruling that the Order of the Court a quo dated May 30, 1980 excluding Felisa Pamuti Jardin as intestate heir of the deceased Simona Pamuti Vda. de Santero "is clearly a total reversal of an Order which has become final and executory, hence null and void. "

WHEREFORE, this petition is hereby DISMISSED, and the assailed decision is hereby AFFIRMED.

SO ORDERED.