BLANQUITA E. DELA MERCED v. JOSELITO P. DELA MERCED

FACTS:

This case involves a petition for review filed by Joselito Dela Merced. Evarista M. dela Merced passed away, leaving behind five parcels of land. She was survived by her legitimate brother, niece, and the legitimate children of her sister. Francisco dela Merced, the legitimate brother of Evarista, also passed away a year later, leaving behind his wife and three legitimate children. The three sets of heirs executed an extrajudicial settlement, dividing the properties among themselves. Joselito, an illegitimate son of Francisco, filed a petition for annulment of the extrajudicial settlement, claiming that he was fraudulently omitted and seeking inclusion as a beneficiary. The trial court granted a temporary restraining order but eventually dismissed the petition based on Article 992 of the New Civil Code, which prohibits an illegitimate child from inheriting from legitimate relatives of their father or mother. Joselito then appealed the dismissal to the Court of Appeals.

ISSUES:

RULING:

PRINCIPLES:

  • Illegitimate children have no right to inherit ab intestato from the legitimate children and relatives of their father or mother.

  • Article 992 of the New Civil Code imposes a barrier between the illegitimate and legitimate family, prohibiting illegitimate children from inheriting from the legitimate family.