Partition of property affected between a
person entitled to inherit from the deceased
owner thereof and another person who
thought he was an heir, when he was not
really and lawfully such, to the prejudice of
the rights of the true heir designated by law
to succeed the deceased, is null and void.
NOTE:
- SIR: Nephew and niece vs
grandniece?
- Right of representation will only be
applied in direct descending line and
not ascending line.
- As to collateral relatives, there is right
of representation, but only limited to
nephews and nieces
- Here, who will inherit are the
nephews and nieces applying the rule
on proximity.
De la Puerta v Court of Appeals, 181
SCRA 861: Here, there was no legal
adoption, so still the child is still an
illegitimate child, so apply order of intestate
succession of illegitimate child.
Abellana-Bacayo v Ferraris-Borromeo, 14
SCRA 986 → Q: Nephews and nieces and
aunts are in the same degree. Sino na ang
mag-inherit?
A: Applying the rule, the nephews and nieces
will actually inherit excluding the rights of
aunt.
Sayson vs. CA: The deceased is survived by
the grandchildren including Delia and
Edmundo (adopted children of the parents;
they are adopted grandchildren?). Delia and
Edmundo are representing their parents from
the inheritance of their grandparents.
Q: Are the grandchildren and the adopted
children can inherit from the
grandparents by right of representation?
A: Yes, the grandchildren can inherit through
the right of representation, provided that
representation is proper. It must be noted that
the right of representation is allowed in the
descending line. However, with respect to the
adopted children of their parents, they cannot
inherit through the right of representation.
The rule is, when it comes to adoption,
adoption will only take effect between the
adopted child and the adopting parent. Labas
yung relative ng adopting parent. Thus, the
adopted child cannot inherit.
NOTE: Adopted children have the same right
as the legitimate child, but their right is only
limited. Their right is equivalent to that of the
illegitimate child, particularly on the share.
Del Prado vs. Santos: The decedent was
succeeded by his illegitimate child and a
brother.
Q: Who has the successional right?
A: The following is the order of successional
right through a deceased legitimate person:
1. Legitimate Children and their
Legitimate descendants
2. Legitimate Parents and their
Legitimate ascendants
3. Illegitimate children and their
descendants whether legitimate or
illegitimate
4. Surviving Spouse, without prejudice
to the rights of brothers, sisters,
nephews, and nieces.
5. Other Collateral relatives up to the 5th
civil degree of consanguinity
6. Absence of all, then it will be the state
who will inherit
NOTE: Presence of the relative in the direct
descending line will exclude the relatives in
the ascending and the collateral line. Hence,
the presence of the illegitimate children will
exclude the relatives in the collateral line,
particularly the brothers, sister, nephews, and
nieces. Thus, all the estate will be given to the