Case Digest (G. R. No. 40958)
Facts:
Intestate Estate of the Deceased Antonio Escobar. The Bank of the Philippine Islands, Administrator. Estate of the Deceased Luciana de los Santos, Represented by the Executor Jose Santos, Claimant and Appellee, vs. Maria Luciano, Claimant and Appellant, G.R. No. 40958, August 10, 1934, Supreme Court, Villa-Real, J., writing for the Court.The appeal was taken by Maria Luciano from an order of the Court of First Instance of Manila which declared that the only heir of the deceased Antonio Escobar was his wife Luciana de los Santos (now deceased), that neither Maria Luciano nor Petrona Esguerra was entitled to participate in Antonio’s estate, and that, after finality, the entire estate should pass by operation of law to the testamentary estate of Luciana de los Santos (civil case No. 43599). Maria appealed that disposition to the Supreme Court.
The facts proved at trial show that a girl baptized Tomasa Escobar was born December 29, 1836, and was alleged to be a natural daughter of Leon Escobar and Josefa Esguerra, who later married on August 2, 1838. Tomasa grew up in the household of Leon and Josefa, was supported and presented publicly as their daughter, and was treated by the other children as a sister; she had a daughter, Maria Luciano (born December 17, 1864). Leon built a house for Tomasa and her daughter; after Tomasa’s death Leon took Maria into his home until she married; later Antonio Escobar (a legitimate son of Leon and Josefa) took Maria into his home until his death on July 21, 1932.
Maria claimed to be the legitimate niece of Antonio on the ground that Tomasa was a natural child of Leon and Josefa legitimated by their subsequent marriage under prior legislation, and that as Tomasa’s legitimate daughter she was entitled to inherit from her uncle. The trial court rejected Maria’s claim and relied on Article 943 of the Civil Code to bar inheritance between natural/legitimated children and the relatives of the ...(Subscriber-Only)
Issues:
- Was Tomasa Escobar a natural child legitimated by the subsequent marriage of Leon Escobar and Josefa Esguerra?
- If so, was Maria Luciano, as legitimate daughter of Tomasa (a child legitimated by subsequent marriage), entitled to inherit from her maternal uncle Antonio Escobar under the Civil Code applica...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)