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Dela Merced v. Dela Merced

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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63 views

Dela Merced v. Dela Merced

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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Where Did Macky Gallego
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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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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