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  • Dela Merced v. Dela Merced

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    Evarista dela Merced died without issue, leaving five parcels of land. At her death, she was survived by three sets of heirs who executed an extrajudicial settlement dividing the properties. Joselito, the illegitimate son of Francisco who was one of Evarista's heirs, filed a petition to be included in Francisco's 1/3 share of the estate. The court held that Joselito was not barred from inheriting Francisco's share, as Article 777 provides that rights to succession are transmitted at the time of death, so Francisco inherited from Evarista and then Joselito inherited Francisco's share. Article 992 prohibiting inheritance by an illegitimate child from a legitimate aunt did not

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    Johnny Rabadilla vs Court of Appeals

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    Evarista dela Merced died without issue, leaving five parcels of land. At her death, she was survived by three sets of heirs who executed an extrajudicial settlement dividing the properties. Joselito, the illegitimate son of Francisco who was one of Evarista's heirs, filed a petition to be included in Francisco's 1/3 share of the estate. The court held that Joselito was not barred from inheriting Francisco's share, as Article 777 provides that rights to succession are transmitted at the time of death, so Francisco inherited from Evarista and then Joselito inherited Francisco's share. Article 992 prohibiting inheritance by an illegitimate child from a legitimate aunt did not

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    22 views1 page

    Dela Merced v. Dela Merced

    Uploaded by

    Where Did Macky Gallego
    Evarista dela Merced died without issue, leaving five parcels of land. At her death, she was survived by three sets of heirs who executed an extrajudicial settlement dividing the properties. Joselito, the illegitimate son of Francisco who was one of Evarista's heirs, filed a petition to be included in Francisco's 1/3 share of the estate. The court held that Joselito was not barred from inheriting Francisco's share, as Article 777 provides that rights to succession are transmitted at the time of death, so Francisco inherited from Evarista and then Joselito inherited Francisco's share. Article 992 prohibiting inheritance by an illegitimate child from a legitimate aunt did not

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    © All Rights Reserved
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    of 1

    DELA MERCED vs.

    DELA MERCED
    HELD: No.
    February 25, 1999
    FACTS:
    Evarista M. dela Merced died intestate,
    without issue and left (5) parcels of
    land.
    At the time of her death, Evarista was
    survived by three sets of heirs.
    On April 20, 1989, the three sets of
    heirs of the decedent, executed an
    extrajudicial settlement, adjudicating
    the properties of Evarista to them,
    each set with a share of (1/3) proindiviso.
    Joselito P. Dela Merced, illegitimate son
    of the late Francisco, filed a "Petition
    for Annulment of the Extrajudicial and
    prayed that he be included to share in
    the (1/3) pro-indiviso share in the
    estate of corresponding to the heirs of
    Francisco.

    ISSUE: WON Joselito as an illegitimate


    child is barred from inheriting from
    Evaristas estate.

    Article 992 of the NCC is not


    applicable because involved here is
    not a situation where an illegitimate
    child would inherit ab intestato from a
    legitimate sister of his father, which is
    prohibited by the aforesaid provision
    of law.
    Rather, it is a scenario where an
    illegitimate child inherits from his
    father, the latter's share in or portion
    of, what the latter already inherited
    from the deceased sister, Evarista.
    As opined by the Court of Appeals, the
    law in point in the present case is
    Article 777 of the NCC, which provides
    that the rights to succession are
    transmitted from the moment of death
    of the decedent.
    Since Evarista died ahead of her
    brother Francisco, the latter inherited
    a portion of the estate of the former as
    one of her heirs.
    Subsequently, when Francisco died,
    his heirs inherited his (Francisco's)
    share in the estate of Evarista.

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