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    Alejandra Arado Heirs Vs Alcoran

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    Ceedee Ragay
    The petitioners, who are relatives of Joaqina Arado, filed a claim against the respondents for recovery of properties. They argued that the respondents were not the rightful owners as Anacleto, the father of the respondents, was not recognized as the legitimate son of Nicolas. However, the respondents countered that Anacleto was acknowledged as Nicolas's illegitimate son, as shown by his birth certificate and other documents. The court ruled that none of the parties could claim the properties without first partitioning the estates of Raymundo, Nicolas, and Joaqina according to Spanish civil code rules. It also found that while Anacleto established his illegitimate filiation to Nicolas, he did not have the right to

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    Alejandra Arado Heirs Vs Alcoran

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    Ceedee Ragay
    1K views1 page
    The petitioners, who are relatives of Joaqina Arado, filed a claim against the respondents for recovery of properties. They argued that the respondents were not the rightful owners as Anacleto, the father of the respondents, was not recognized as the legitimate son of Nicolas. However, the respondents countered that Anacleto was acknowledged as Nicolas's illegitimate son, as shown by his birth certificate and other documents. The court ruled that none of the parties could claim the properties without first partitioning the estates of Raymundo, Nicolas, and Joaqina according to Spanish civil code rules. It also found that while Anacleto established his illegitimate filiation to Nicolas, he did not have the right to

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    FAMILY RELATIONS

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    Alejandra Arado Heirs vs Alcoran

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    The petitioners, who are relatives of Joaqina Arado, filed a claim against the respondents for recovery of properties. They argued that the respondents were not the rightful owners as Anacleto, the father of the respondents, was not recognized as the legitimate son of Nicolas. However, the respondents countered that Anacleto was acknowledged as Nicolas's illegitimate son, as shown by his birth certificate and other documents. The court ruled that none of the parties could claim the properties without first partitioning the estates of Raymundo, Nicolas, and Joaqina according to Spanish civil code rules. It also found that while Anacleto established his illegitimate filiation to Nicolas, he did not have the right to

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    1K views1 page

    Alejandra Arado Heirs Vs Alcoran

    Uploaded by

    Ceedee Ragay
    The petitioners, who are relatives of Joaqina Arado, filed a claim against the respondents for recovery of properties. They argued that the respondents were not the rightful owners as Anacleto, the father of the respondents, was not recognized as the legitimate son of Nicolas. However, the respondents countered that Anacleto was acknowledged as Nicolas's illegitimate son, as shown by his birth certificate and other documents. The court ruled that none of the parties could claim the properties without first partitioning the estates of Raymundo, Nicolas, and Joaqina according to Spanish civil code rules. It also found that while Anacleto established his illegitimate filiation to Nicolas, he did not have the right to

    Copyright:

    © All Rights Reserved
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    of 1

    ALEJANDRA ARADO HEIRS VS ALCORAN

    FACTS:

    RaymundoAlcoran was married to JoaqinaArado they produced a son Nicolas. Nicolas later
    married Florencia but had no offspring. He had an extramarital affair with Francisa and begot a son,
    Anacleto, husband of Elenette (herein respondents). The petitioners herein are the sister, nephew and
    niece of Joaqina.

    Raymundo and Nicolas died. Joaqina later died leaving a will bequeathing the subject properties
    to Anacleto, but the will was yet to be probated.

    The petitioners filed a claim for recovery of properties against respondents claiming that they
    are the rightful owners as Anacleto was not recognized by Nicolas as his legitimate son.

    Respondents countered that Anacleto can inherit the subject properties since he was recognized
    by Nicolas as his illegitimate son as evidenced by his birth certificate, baptismal, school records and a
    picture.

    RTC and CA dismissed the complaint of the petitioners and said that Anacleto established that he was
    really the acknowledged illegitimate son of Nicolas.

    ISSUE: Whether or not Anacleto has been acknowledged as the illegitimate son of Nicolas and if he is
    entitled to the subject properties.

    RULING:

    None of the parties herein can lay claim over any of the subject proeprties without the showing
    that the respective estates of Raymundo (governed by the Spanish Civil Code), Nicolas (Civil Code) and
    Joaqina had been previously partitioned.

    Anacleto was able to establish his illegitimate filiation (as evidenced by his birth certificate)
    during his lifetime. ART 172

    Only the birth certificate fully warranted the evidence of paternity.

    Anacleto has the right to inherit from Nicolas, but not from Joaqina. Art 992 of the Civil Code: an
    illegitimate child has no right to inherit ab intestate from the legitimate children and relatives of his
    father or mother; in the same manner, such children or relatives shall not inherit from the legitimate
    child. Neither can he inherit for Joaqina by virtue of her will since Art 838 of the Civil Code dictates that
    no will shall pass either real or personal property unless the same is proved and allowed in accordance
    with the Rules of Court.

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