Cases on Wills and Testaments
WHAT IS THE IRON BAR RULE? In legal succession, there is absolute separation between legitimate family and illegitimate family. ARTICLE 992. An illegitimate child has no right to inherit ab intestato from the legitmate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. Illustration
A
BD
C
E F
G H I J Under Art. 992, I and J cannot represent F Under Art. 990, G and H can represent E Hence, an illegitimate can be represented by his children. Legitimate or illegitimate, but a legitimate child cannot be represented by his illegitimate children E cannot inherit from B and A D cannot inherit from C and vice-versa ( reciprocal prohibition )
IN THE MATTER OF THE INTESTATE ESTATE OF CRISTINA AGUINALDO-SUNTAY; EMILIO A.M. SUNTAY III vs. ISABEL COJUANGCO-SUNTAY (G.R. No. 183053, JUNE 16, 2010)
On June 4, 1990, the decedent, Cristina Aguinaldo-suntay (Cristina), Married to Dr. Federico Suntay (Federico), died intestate. In 1979, their only son, Emilio Aguinaldo Suntay (Emilio I), predeceased both Cristina and Federico. At the time of her death, Cristina was survived by her husband, Federico, and several grandchildren, including herein petitioner Emilio A.M. Suntay III (Emilio III) and respondent Isabel Cojuangco-Suntay. During his lifetime, Emillio I was married to Isabel Cojuangco, and they begot three children, namely: herein respondent, Isabel; Margarita; and Emilio II, all surnamed Cojuangco-Suntay. Emilio I's marriage to Isabel Cojuangco was subsequently annulled. Thereafter, Emilio I had two children out of wedlock, Emilio III and Nenita Suntay Tanedo (Nenita), by two different women, Concepcion Mendoza and Isabel Santos, respectively. Despite the illegitimate status of Emilio III, he was reared ever since he was a mere baby, nine months old, by the spouses Federico and Cristina and was an acknowledged natural child of Emilio I. Nenita is
A
BD
C
E F
G H I J Under Art. 992, I and J cannot represent F Under Art. 990, G and H can represent E Hence, an illegitimate can be represented by his children. Legitimate or illegitimate, but a legitimate child cannot be represented by his illegitimate children E cannot inherit from B and A D cannot inherit from C and vice-versa ( reciprocal prohibition )
IN THE MATTER OF THE INTESTATE ESTATE OF CRISTINA AGUINALDO-SUNTAY; EMILIO A.M. SUNTAY III vs. ISABEL COJUANGCO-SUNTAY (G.R. No. 183053, JUNE 16, 2010)
On June 4, 1990, the decedent, Cristina Aguinaldo-suntay (Cristina), Married to Dr. Federico Suntay (Federico), died intestate. In 1979, their only son, Emilio Aguinaldo Suntay (Emilio I), predeceased both Cristina and Federico. At the time of her death, Cristina was survived by her husband, Federico, and several grandchildren, including herein petitioner Emilio A.M. Suntay III (Emilio III) and respondent Isabel Cojuangco-Suntay. During his lifetime, Emillio I was married to Isabel Cojuangco, and they begot three children, namely: herein respondent, Isabel; Margarita; and Emilio II, all surnamed Cojuangco-Suntay. Emilio I's marriage to Isabel Cojuangco was subsequently annulled. Thereafter, Emilio I had two children out of wedlock, Emilio III and Nenita Suntay Tanedo (Nenita), by two different women, Concepcion Mendoza and Isabel Santos, respectively. Despite the illegitimate status of Emilio III, he was reared ever since he was a mere baby, nine months old, by the spouses Federico and Cristina and was an acknowledged natural child of Emilio I. Nenita is