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Fernandez vs. Fernandez
G.
R. No. 143256.
August 28, 2001
The principal issue for resolution
in this case concerns the rights of the parties to the conjugal
property of the deceased spouses Fernandez.
Petitioners
allege that the respondent court found the extra-judicial
partition executed by petitioner Rodolfo Fernandez and Generosa Fernandez, widow of Dr. Jose Fernandez, null and
void because the former allegedly failed to prove legitimate
filiation to his putative father,
the late Dr. Jose Fernandez. Petitioners, contend, however,
that the burden of proof lies with the respondents because
they were the ones contesting the filiation
of Rodolfo Fernandez. They insist that both lower courts had
no power to pass upon the matter of filiation
because it could not be collaterally attacked in the present
action but in a separate and independent action directly impugning
such filiation.
We are
not persuaded.
It must
be noted that the respondents’ principal action was for the
declaration of absolute nullity of two documents, namely:
deed of extra-judicial partition and deed of absolute sale,
and not an action to impugn one’s legitimacy. The respondent
court ruled on the filiation of
petitioner Rodolfo Fernandez in order to determine Rodolfo’s
right to the deed of extra-judicial partition as the alleged
legitimate heir of the spouses Fernandez. While we are aware
that one’s legitimacy can be questioned only in a direct action
seasonably filed by the proper party, this doctrine has no
application in the instant case considering that respondents’
claim was that petitioner Rodolfo was not born to the deceased
spouses Jose and Generosa Fernandez;
we do not have a situation wherein they (respondents) deny
that Rodolfo was a child of their uncle’s wife. The case of
Benitez-Badua vs. Court of
Appeals, which has a similar factual backdrop
is instructive:
“A careful
reading of the above articles will show that they do not contemplate
a situation, like in the instant case, where a child is alleged
not to be the child of nature or biological child of a certain
couple. Rather, these articles govern a situation where a
husband (or his heirs) denies as his own a child of his wife.
Thus, under Article 166, it is the husband who can impugn
the legitimacy of said child by proving: (1) it was physically
impossible for him to have sexual intercourse, with his wife
within the first 120 days of the 300 days which immediately
preceded the birth of the child; (2) that for biological or
other scientific reasons, the child could not have been his
child; (3) that in case of children conceived through artificial
insemination, the written authorization or ratification by
either parent was obtained through mistake, fraud, violence,
intimidation or undue influence. Articles 170 and 171 reinforce
this reading as they speak of the prescriptive period within
which the husband or any of his heirs should file the action
impugning the legitimacy of said child. Doubtless then, the
appellate court did not err when it refused to apply these
articles to the case at bench. For the case at bench is not
where the heirs of the late Vicente are contending that petitioner
is not his child by Isabel. Rather, their clear submission
is that petitioner was not born to Vicente and Isabel.
Thus, it is necessary to pass
upon the relationship of petitioner Rodolfo Fernandez to the
deceased spouses Fernandez for the purpose of determining
what legal right Rodolfo has in the property subject of the
extra-judicial partition. In fact, the issue of whether or
not Rodolfo Fernandez was the son of the deceased spouses
Jose Fernandez and Generosa de Venecia was squarely
raised by petitioners in their pre-trial brief filed before
the trial court, hence they are now estopped
from assailing the trial court’s ruling on Rodolfo’s status.
Open and
continuous possession of the status of
a legitimate child is meant the enjoyment by the child of
the position and privileges usually attached to the status
of a legitimate child such as bearing the paternal surname,
treatment by the parents and family of the child as legitimate,
constant attendance to the child’s support and education,
and giving the child the reputation of being a child of his
parents. However, it must be noted that, as was held in Quismundo
vs. WCC, 132 SCRA 590, possession of status of a child
does not in itself constitute an acknowledgment; it is only
a ground for a child to compel recognition by his assumed
parent.
While
baptismal certificates may be considered public documents, they are evidence only
to prove the administration of the sacraments on the dates
therein specified, but not the veracity of the statements
or declarations made therein with respect to his kinsfolk.
It may be argued that a baptismal certificate is one of the
other means allowed by the Rules of Court and special laws
of proving filiation but in this
case, the authenticity of the baptismal certificate was doubtful
when Fr. Raymundo Q. de Guzman of
St. John the Evangelist Parish of Lingayen-Dagupan,
Dagupan City issued a certification
on October 16, 1995 attesting that the records of baptism
on June 7, 1930 to August 8, 1936 were all damaged Neither
the family portrait offered in evidence establishes a sufficient
proof of filiation Pictures do not
constitute proof of filiation.
In fine, the evidence presented by appellant did not acquire
evidentiary weight to prove his filiation.
Consequently the Extra-Judicial Partition dated August 31, 1989 executed by appellant Rodolfo Fernandez and Generosa de Venecia is null and
void.”
Petitioners
next contend that respondents admitted that the property in
question was the conjugal property of the late spouses Dr.
Jose Fernandez and Generosa de Venecia, thus when Dr. Jose Fernandez died intestate in 1982,
his estate consisted solely of ½ pro indiviso
of the conjugal property and the other half belonged to his
wife Generosa de Venecia; that granting
Dr. Jose Fernandez was only survived by his wife, the respondents
nephews and nieces of Dr. Jose are entitled to inherit the
½ share of the decedent’s estate while the ¾ share of the
conjugal property will still belong to Generosa
as the widow of Dr. Jose Fernandez, hence the trial court’s
order reconveying the possession
of the subject lot and building to respondents was contrary
to the admitted facts and law since respondents are not related
by consanguinity to Generosa vda de Fernandez.
We agree.
Article
1001 of the Civil Code provides:
“Should
brothers and sisters or their children survive with the widow
or widower, the latter shall be entitled to one half of the
inheritance and the brothers and sisters or their children
to the other half.”
Generosa was the widow of Dr. Jose Fernandez and
as provided in the above-quoted Article 1001, she is entitled
to the ½ of the inheritance and the respondents to the other
½. In effect, ¾ pro indiviso is the share of Generosa
as the surviving spouse, i.e., ½ as her share of the conjugal
property estate and ½ of the remaining ½ as share as heir
from her husband’s estate. Thus, we find well taken the petitioners’
assertion that the annulment of the extra-judicial partition
between Generosa and petitioner
Rodolfo does not necessarily result in respondents’ having
exclusive right to the conjugal property, as erroneously found
by the respondent court. Generosa, during her lifetime, had the right to enjoy and
dispose of her property without other limitations than those
established by law, which right she exercised by executing
a deed of sale in favor of petitioner Eddie Fernandez.
Petitioners assails respondents’
right, not being heirs of Generosa,
to question the validity of the deed of sale since the action
for the annulment of contracts may only be instituted by all
who are thereby obliged principally or subsidiarily.
We disagree.
As a rule, a contract cannot
be assailed by one who is not a party
obliged principally or subsidiarily
under a contract. However, when a contract prejudices the
rights of a third person, he may exercise an action for nullity
of the contract if he is prejudiced in his rights with respect
to one of the contracting parties, and can show detriment
which would positively result to him from the contract in
which he had no intervention. As we have discussed above,
respondents are entitled to the ¼ of the entire conjugal property,
ie., lot and building; however considering
that widow Generosa, during her
lifetime, sold the entire building to petitioner Eddie Fernandez,
respondents had been deprived of
their ¼ share therein, thus the deed of sale was prejudicial
to the interest of respondents as regards their ¼ share in
the building. Respondents therefore, have a cause of action
to seek the annulment of said deed of sale.
Wherefore, premises considered,
the assailed judgment is hereby Affirmed
with Modification, as follows:
1. Respondents as legitimate
heirs of Dr. Jose Fernandez are entitled to the ¼ share of
the conjugal lot and building of the deceased spouses Jose
and Generosa Fernandez who died
childless and intestate;
2. The deed of extra-judicial
partition is nullified insofar as the share of petitioner
Rodolfo in the conjugal lot is concerned
and the title issued pursuant thereto in the name of Rodolfo
Fernandez;
3. Considering that the deed
of sale is valid insofar as the ¾ share of Generosa
sold to petitioner Eddie Fernandez, TCT No. 54693 is cancelled
and a new title should be issued in the names of petitioner
Eddie Fernandez and respondents as co-owners of the ¾ and
¼ shares respectively in the conjugal building.
How
to become a Christian
Roman
Road
the
Kristo
The
Cross
Knowing
God Personally
Power
To Change
Have
you ever asked yourself ...
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Republic
Act No. 386
The Civil Code of the Philippines
Chapter
3 Legal or Intestate Succession
Note: To get to
the article you want, click the Chapter, Section and Subsection
headings.
Section 1. General Provisions
Article 960 When legal or intestate
succession takes place
Article 961 Who inherits in
default of testamentary heirs
Article 962 Basic principles
of intestate succession
Subsection 1. Relationship
Article 963 Determination of
proximity of relationship
Article 964 Direct and collateral
lines
Article 965 Descending or ascending
direct lines
Article 966 Computation of degrees
Article 967 Full and half blood
relationship distinguished
Article 968 Accretion in intestate
succession
Article 969 Who inherits in
case of repudiation
Subsection 2. Right of Representation
Article 970 What is representation
Article 971 From whom representative
inherits
Article 972 Right of representation
in direct descending line and collateral
line
Article 973 Requirement for
representative
Article 974 Inheritance per
stirpes
Article 975 Inheritance by nephews
and nieces
Article 976 Right of renouncer
to represent
Article 977 Renouncer
cannot be represented
Section 2. Order of Intestate
Succession
Subsection 1. Descending Direct
Line
Article 978 Preference for descending
direct line
Article 979 Succession by legitimate children and
descendants, by adopted
children
Article 980 Inheritance in equal
shares by children of deceased
Article 981 Inheritance by children
concurring with grandchildren
Article 982 Grandchildren and other descendants
inherit by right of representation
Article 983 Proportionate shares
of illegitimate and legitimate children
Article 984 Legal heirs of an
adopted child
Subsection 2. Ascending
Direct Line
Article 985 Inheritance by parents
and ascendants
Article 986 Equal shares by
father and mother
Article 987 Inheritance by other
descendants, in default of parents
Subsection 3. Illegitimate
Children
Article 988 Inheritance by illegitimate children,
in absence of legitimate descendants or ascendants
Article 989 Illegitimate children concurring with
descendants of another
illegitimate child
Article 990 Transmission of
hereditary rights
Article 991 Illegitimate children
concurring with legitimate descendants
Article 992 Illegitimate child, no right to inherit
from legitimate children and
relatives of his father or mother
Article 993 Inheritance by illegitimate
parents
Article 994 Inheritance by surviving spouse alone,
or concurring with brothers/sisters,
nephews/nieces
Subsection 4. Surviving
Spouse
Article 995 Inheritance by surviving spouse, in
absence of legitimate descendants
and ascendants
Article 996 Share of surviving spouse concurring
with legitimate children
or descendants
Article 997 Share of surviving spouse concurring
with legitimate parents
or ascendants
Article 998 Share of surviving spouse concurring
with illegitimate children
Article 999 Share of surviving spouse concurring
legitimate and illegitimate
children with their descendants
Article 1000 Share of surviving spouse concurring
with legitimate ascendants
and illegitimate children
Article 1001 Share of surviving spouse concurring
with legitimate ascendants
brothers and sisters or their children
Article 1002 No share for surviving
spouse who gave cause for legal separation
Subsection 5. Collateral
Relatives
Article 1003 Inheritance by collateral relatives in
absence of descendants,
ascendants, illegitimate children or surviving spouse
Article 1004 Inheritance by brothers
and sisters
Article 1005 Inheritance of brothers and sisters concurring
with nephews
and nieces; per stirpes and per capita
Article 1006 Shares of full blood
and half blood brothers and sisters
Article 1007 Inheritance by half blood siblings, some
on father’s and some
on mother’s side
Article 1008 Shares of children
of brothers and sisters of the half blood
Article 1009 Inheritance by other collateral relatives
in absence of siblings,
nephews/nieces
Article 1010 No inheritance beyond
5th degree of relationship
Subsection 6. The State
Article 1011 Inheritance by the
State, in default of persons entitled to succeed
Article 1012 How the State takes
possession of the property
Article 1013 Distribution estate to last residence
of deceased, public schools
and public charitable institutions
Article 1014 Effect of appearance
by legal heir of the deceased
Section 1.
- General Provisions
Art. 960.
Legal or intestate succession takes place:
(1) If a person dies without
a will, or with a void will, or one which has subsequently lost
its validity;
(2) When the will does not institute
an heir to, or dispose of all the property belonging to the testator.
In such case, legal succession shall take place only with respect
to the property of which the testator has not disposed;
(3) If the suspensive condition attached to the institution of heir does
not happen or is not fulfilled, or if the heir dies before the
testator, or repudiates the inheritance, there being no substitution,
and no right of accretion takes place;
(4) When the heir instituted
is incapable of succeeding, except in cases provided in this Code.
(912a)
Art. 961.
In default of testamentary heirs, the law vests the inheritance,
in accordance with the rules hereinafter set forth, in the legitimate
and illegitimate relatives of the deceased, in the surviving spouse,
and in the State. (913a)
Art. 962.
In every inheritance, the relative nearest in degree excludes the
more distant ones, saving the right
of representation when it properly takes place.
Relatives in the same degree shall
inherit in equal shares, subject to the provisions of Article
1006 with respect to relatives of the full and half blood, and
of Article 987, paragraph 2, concerning
division between the paternal and maternal lines. (912a)
Subsection
1. - Relationship
Art. 963.
Proximity of relationship is determined by the number of generations.
Each generation forms a degree. (915)
Art. 964.
A series of degrees forms a line, which may be either direct or
collateral.
A direct line is that constituted
by the series of degrees among ascendants and descendants.
A collateral line is that constituted
by the series of degrees among persons who are not ascendants and
descendants, but who come from a common ancestor. (916a)
Art. 965.
The direct line is either descending or ascending.
The former unites the head of the
family with those who descend from him.
The latter binds a person with
those from whom he descends. (917)
Art. 966.
In the line, as many degrees are counted as there are generations
or persons, excluding the progenitor.
In the direct line, ascent is made
to the common ancestor. Thus, the child is one degree removed from
the parent, two from the grandfather, and three from the great-grandparent.
In the collateral line, ascent
is made to the common ancestor and then descent is made to the person
with whom the computation is to be made. Thus, a person is two degrees
removed from his brother, three from his uncle, who is the brother
of his father, four from his first cousin, and so forth. (918a)
Art. 967.
Full blood relationship is that existing between persons who have
the same father and the same mother.
Half blood relationship is that
existing between persons who have the same father, but not the same
mother, or the same mother, but not the same father. (920a)
Art. 968.
If there are several relatives of the same degree, and one or some
of them are unwilling or incapacitated to succeed, his portion shall
accrue to the others of the same degree, save the right of representation
when it should take place. (922)
Art. 969.
If the inheritance should be repudiated by the nearest relative,
should there be one only, or by all the nearest relatives called
by law to succeed, should there be several, those of the following
degree shall inherit in their own right and cannot represent the
person or persons repudiating the inheritance. (923)
Subsection
2. - Right of Representation
Art. 970.
Representation is a right created by fiction of law, by virtue of
which the representative is raised to the place and the degree of
the person represented, and acquires the rights which the latter
would have if he were living or if he could have inherited. (942a)
Art. 971.
The representative is called to the succession by the law and not
by the person represented. The representative does not succeed the
person represented but the one whom the person represented would
have succeeded. (n)
Art. 972.
The right of representation takes place in the direct descending
line, but never in the ascending.
In the collateral line, it takes
place only in favor of the children of brothers or sisters, whether
they be of the full or half blood. (925)
Art. 973.
In order that representation may take place, it is necessary that
the representative himself be capable of succeeding the decedent.
(n)
Art. 974.
Whenever there is succession by representation, the division of
the estate shall be made per stirpes,
in such manner that the representative or representatives shall
not inherit more than what the person they represent would inherit,
if he were living or could inherit. (926a)
Art. 975.
When children of one or more brothers or sisters of the deceased
survive, they shall inherit from the latter by representation, if
they survive with their uncles or aunts. But if they alone survive,
they shall inherit in equal portions. (927)
Art. 976.
A person may represent him whose inheritance he has renounced. (928a)
Art. 977.
Heirs who repudiate their share may not be represented. (929a)
Back to top
Section 2.
- Order of Intestate Succession
Subsection 1. - Descending Direct Line
Art. 978.
Succession pertains, in the first place, to the descending direct
line. (930)
Art. 979.
Legitimate children and their descendants succeed the parents and
other ascendants, without distinction as to sex or age, and even
if they should come from different marriages.
An
adopted child succeeds to the property of the adopting parents in
the same manner as a legitimate child. (931a)
Art. 980.
The children of the deceased shall always inherit from him in their
own right, dividing the inheritance in equal shares. (932)
Art. 981.
Should children of the deceased and descendants of other children
who are dead, survive, the former shall inherit in their own right,
and the latter by right of representation. (934a)
Art. 982.
The grandchildren and other descendants shall inherit by right of
representation, and if any one of them should have died, leaving
several heirs, the portion pertaining to him shall be divided among
the latter in equal portions. (933)
Art. 983.
If illegitimate children survive with legitimate children, the shares
of the former shall be in the proportions prescribed by Article
895. (n)
Art. 984.
In
case of the death of an adopted child, leaving no children or descendants,
his parents and relatives by consanguinity and not by adoption,
shall be his legal heirs. (n)
Subsection 2. - Ascending
Direct Line
Art. 985.
In default of legitimate children and descendants of the deceased,
his parents and ascendants shall inherit from him, to the exclusion
of collateral relatives. (935a)
Art. 986.
The father and mother, if living, shall inherit in equal shares.
Should one only of them survive,
he or she shall succeed to the entire estate of the child. (936)
Art. 987.
In default of the father and mother, the ascendants nearest in degree
shall inherit.
Should there be more than one of
equal degree belonging to the same line they shall divide the inheritance
per capita; should they be of different lines but of equal degree,
one-half shall go to the paternal and the other half to the maternal
ascendants. In each line the division shall be made per capita.
(937)
Subsection 3. -
Illegitimate Children
Art. 988.
In the absence of legitimate descendants or ascendants, the illegitimate
children shall succeed to the entire estate of the deceased.
(939a)
Art. 989.
If, together with illegitimate children, there should survive descendants
of another illegitimate child who is dead, the former shall succeed
in their own right and the latter by right
of representation. (940a)
Art. 990.
The hereditary rights granted by the two preceding articles to illegitimate
children shall be transmitted upon their death to their descendants,
who shall inherit by right of representation from their deceased
grandparent. (941a)
Art. 991.
If legitimate ascendants are left, the illegitimate children shall
divide the inheritance with them, taking one-half of the estate,
whatever be the number of the ascendants or of the illegitimate children.
(942-841a)
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. (943a)
Art. 993.
If an illegitimate child should die without issue, either legitimate
or illegitimate, his father or mother shall succeed to his entire
estate; and if the child's filiation is
duly proved as to both parents, who are both living, they shall
inherit from him share and share alike. (944)
Art. 994.
In default of the father or mother, an illegitimate child shall
be succeeded by his or her surviving spouse who shall be entitled
to the entire estate.
If the widow or widower should
survive with brothers and sisters, nephews and nieces, she or he
shall inherit one-half of the estate, and the latter the other half.
(945a)
Subsection 4. - Surviving
Spouse
Art. 995.
In the absence of legitimate descendants and ascendants, and illegitimate
children and their descendants, whether legitimate or illegitimate,
the surviving spouse shall inherit the entire estate, without prejudice
to the rights of brothers and sisters, nephews and nieces, should
there be any, under article 1001. (946a)
Art. 996.
If a widow or widower and legitimate children or descendants are
left, the surviving spouse has in the succession the same share
as that of each of the children. (834a)
Art. 997.
When the widow or widower survives with legitimate parents or ascendants,
the surviving spouse shall be entitled to one-half of the estate,
and the legitimate parents or ascendants to the other half. (836a)
Art. 998.
If a widow or widower survives with illegitimate children, such
widow or widower shall be entitled to one-half of the inheritance,
and the illegitimate children or their descendants, whether legitimate
or illegitimate, to the other half. (n)
Art. 999.
When the widow or widower survives with legitimate children or their
descendants and illegitimate children or their descendants, whether
legitimate or illegitimate, such widow or widower shall be entitled
to the same share as that of a legitimate child. (n)
Art. 1000.
If legitimate ascendants, the surviving spouse, and illegitimate
children are left, the ascendants shall be entitled to one-half
of the inheritance, and the other half shall be divided between
the surviving spouse and the illegitimate children so that such
widow or widower shall have one-fourth of the estate, and the illegitimate
children the other fourth. (841a)
Art. 1001.
Should brothers and sisters or their children survive with the widow
or widower, the latter shall be entitled to one-half of the inheritance
and the brothers and sisters or their children to the other half.
(953, 837a)
Art. 1002.
In
case of a legal separation, if the surviving spouse gave cause for
the separation, he or she shall not have any of the rights granted
in the preceding articles. (n)
Subsection 5. -
Collateral Relatives
Art. 1003.
If there are no descendants, ascendants, illegitimate children,
or a surviving spouse, the collateral relatives shall succeed to
the entire estate of the deceased in accordance with the following
articles. (946a)
Art. 1004.
Should the only survivors be brothers and sisters of the full blood,
they shall inherit in equal shares. (947)
Art. 1005.
Should brothers and sisters survive together with nephews and nieces,
who are the children of the decedent's brothers and sisters of the
full blood, the former shall inherit per capita, and the latter
per stirpes. (948)
Art. 1006.
Should brother and sisters of the full blood survive together with
brothers and sisters of the half blood, the former shall be entitled
to a share double that of the latter. (949)
Art. 1007.
In case brothers and sisters of the half blood, some on the father's
and some on the mother's side, are the only survivors, all shall
inherit in equal shares without distinction as to the origin of
the property. (950)
Art. 1008.
Children of brothers and sisters of the half blood shall succeed
per capita or per stirpes, in accordance
with the rules laid down for the brothers and sisters of the full
blood. (915)
Art. 1009.
Should there be neither brothers nor sisters nor children of brothers
or sisters, the other collateral relatives shall succeed to the
estate.
The latter shall succeed without
distinction of lines or preference among them by reason of relationship
by the whole blood. (954a)
Art. 1010.
The right to inherit ab intestato
shall not extend beyond the fifth degree of relationship in the
collateral line. (955a)
Subsection 6. - The State
Art. 1011.
In default of persons entitled to succeed in accordance with the
provisions of the preceding Sections, the State shall inherit the
whole estate. (956a)
Art. 1012.
In order
that the State may take possession of the property mentioned in
the preceding article, the pertinent provisions of the Rules of
Court must be observed. (958a)
Art. 1013.
After the payment of debts and charges, the personal property shall
be assigned to the municipality or city where the deceased last
resided in the Philippines, and the real estate to the municipalities or cities,
respectively, in which the same is situated.
If the deceased never resided in
the Philippines, the whole estate shall be assigned to the respective
municipalities or cities where the same is located.
Such estate shall be for the benefit
of public schools, and public charitable institutions and centers,
in such municipalities or cities. The court shall distribute the
estate as the respective needs of each beneficiary may warrant.
The court, at the instance of an
interested party, or on its own motion, may order the establishment
of a permanent trust, so that only the income from the property
shall be used. (956a)
Art. 1014.
If a person legally entitled to the estate of the deceased appears
and files a claim thereto with the court within five years from
the date the property was delivered to the State, such person shall
be entitled to the possession of the same, or if sold the municipality
or city shall be accountable to him for such part of the proceeds
as may not have been lawfully spent. (n)
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