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The rule with respect to reversion adoptiva prescribed in Although inn her answer to the complaint, Modesta admitted
Sec. 5, Rule 100, of the former Rules of Court applies only to property that she was not an intestate heir of Juan Manuel because she was
that had been received by a judicially adopted child. Extrajudicial adopted without the benefit of formal or judicial adoption and therefore
adoption is not within the contemplation and spirit of the rule. It is an was neither a compulsory nor a legal heir, the court still reiterated the
elementary rule of construction that when the language of the law is following rules:
clear and unequivocal, the law must be taken to mean exactly what it
says. a. where the illegitimate child had half-brothers who were
legitimate, the latter had no right to the former’s inheritance
[NOTE: This reserva adoptal is believed to have been
abolished by the Civil Code in view of the desire of the Code b. the legitimate collateral relatives of the mother cannot
Commission to abolish all reservas. As has been said succeed from her illegitimate child
before, the retention of “reserva troncal” was not intended by
the Code. Besides, according to the Civil Code, “the c. a natural child cannot represent his natural father in the
proceedings for adop-tion shall be governed by the Rules of succession to the estate of the legitimate grandparent
Court insofar as they are not in conflict with this Code.” (Art.
345). It follows therefore that all the substantive provisions d. the natural daughter cannot succeed to the estate of her
on adoption in the Rules of Court have been repealed by the deceased uncle who is a legitimate brother of her natural father
new Civil Code. HOWEVER, this reserva adoptal has been
e. an illegitimate child has no right to inherit ab intestato from
REVIVED under Art. 39 of PD 603
the legitimate children and relatives of his father
Manuel v. Ferrer
DIAZ v. INTERMEDIATE APPELLATE COURT
63 SCAD 764
150 SCRA 645
(1995)
FACTS:
Article 992 of the Civil Code enunciates what is so commonly referred
Felisa Pamuti Jardin is a niece of Simona Pamuti Vda. De
to in the rules on succession as the “principle of absolute separation
Santero who together with Felisa’s mother Juliana were the only
between the legitimate family and the illegitimate family.’’
legitimate children of the spouses Felipe Pamuti and Petronila
When the law speaks of brothers and sisters, nephews and nieces as Asuncion. Pablo Santero was the only legitimate son of his parents
legal heirs of an illegitimate child, it refers to illegitimate brothers and Pascual Santero and Simona Pamuti Vda. De Santero. Pablo Santero
sisters as well as to the children, whether legitimate or illegitimate, of died in 1973 and at the time of his death was survived by his mother
such brothers and sisters. Simona Santero snd his six minor natural children.
On September 16, 1967, Teodora Vda. de Arcenas, claiming that the There is no question that if the parties to the litigation submitted a
decision of June 9, 1967 had become final, moved for the issuance of compromise agreement to the court for approval and in the absence of
a Writ of Execution. This was opposed by petitioners who contended opposition, the court renders judgment strictly in accordance with such
that the decision is interlocutory as it did not finally dispose of the agreement, the judgment rendered is not appealable. It is immediately
action but left something for the parties to do, that is, to partition the executory, except that in case a motion to set aside the compromise on
property and submit the corresponding agreement of partition to the the ground of fraud, an order of the court denying such motion may be
court for its approval. They likewise prayed that the decision be appealed. 3 The judgment rendered has the authority of res
modified in order that the land situated in Sillon, which was sold to the
judicata from the moment it was rendered and is conclusive upon the examination; (2) to hear the parties as to their preference in the portion
parties and their privies. 4 of the property to be set apart to them and the comparative value
thereof; and (3) to set apart the same to the several parties in such lots
or parcels as will be most advantageous and equitable, having due
We find, however, that the decision of June 9, 1967 was not a
regard to the improvements, situation and quality of the different parts
judgment based on a judicial compromise but one based on an agreed
thereof.
statement of facts. A "compromise" under Article 2028 of the Civil Code
is a contract whereby the parties in interest, by making reciprocal
concessions, avoid a litigation or terminate one already commenced. It According to the report of the Commissioner, 150 coconut trees
is likewise defined as "an agreement between two or more persons, planted by Nemesio Acain on the Sillon parcel, and this land is
who, for preventing or putting an end to a lawsuit, adjust their adjacent to the Acain's property. On the other hand, according to the
difficulties by mutual consent in the manner which they agree on, and Commissioner, one-half (1/2) portion of the Cabangbang parcel cannot
which every one of them prefers to the hope of gaining, balanced by possibly compensate for the loss which Acain will suffer by losing one-
the danger of losing." 5 half (1/2) of the Sillon parcel since the Cabangbang land is mortgaged
to the Bantayan Rural Bank by Jovencio and "will probably be
foreclosed any time now for the loan is now due, and the prospect of
While the parties in the "Stipulation of Facts" were in agreement that
the loan to be paid is bleak." These circumstances should have been
Teodora Vda. de Arcenas had a share in the said properties, they were
carefully considered.
in disagreement as to the extent of the share of said widow. As a
matter of fact, in the respective memoranda of the parties, there was a
marked disparity in the view of said parties as to the share of the It appears to be the settled rule that in an action for partition, where it is
surviving spouse, the widow insisting on her claim to one-half (1/2) of practicable to make a division of the property, "the generally if not
the estate, while the other party was willing to concede to her only one- universally recognized rule is that a court of equity, on ascertaining that
fourth (1/4) of said estate. The agreed statement of facts submitted by one of two or more tenants in common has made permanent and
the parties did not, therefore, put an end to the lawsuit because it did valuable improvements on the property involved, will allot to him that
not definitely determine which specific portion of the property sold by portion on which the improvements are located, or so much thereof as
Jovencio Arcenas to the Acain spouses should be returned to the represents his share of the whole tract." 7Thus, "in keeping with the
surviving spouse, which was the main purpose of the action instituted familiar principle of equity jurisprudence requiring that one who seeks
by the latter. equity must do equity, the rule has been generally adopted that a court
of equity should take improvements into account when decreeing
partition, and should award to the cotenant in possession who has
Moreover, Civil Case No. P-118 is also an action of partition, hence,
necessarily and in good faith improved the common property and
the Order of the court of June 9, 1967, directing the partition of the
enhanced its value at his own cost such equitable compensation as will
properties and requiring the parties "to submit the corresponding deed
leave only the value of the estate without the improvements to be
of partition to the Court for its approval", could not be final. It left
divided among the tenants in common." 8 Indeed, the rule requires that
something more to be done in the trial court for the complete
the properties should be partitioned in a manner that would be most
disposition of the case, such as appointment of the commissioner and
advantageous and equitable to the parties, having "due regard to the
submission by the latter of his report which must be set for hearing. It
improvements, situation and quality of the different parts" of the
is only after said hearing that the court may render a final judgment
properties subject of the partition.
finally disposing of the action. 6 As a matter of fact, the court a quo,
after the parties were unable to agree on the partition, had to appoint a
commissioner to make the partition. Even assuming that the judgment ACCORDINGLY, certiorari is granted and respondent Court's Order of
terminated the action with respect to the claim of the widow for a one- May 18, 1968 is hereby set aside, with costs against the private
half (1/2) share in the estate, there is no question that the Order of the respondent.
court of March 27, 1968, approving the project of partition even when
considered as incident to the judgment, could still be appealable.
Arcenas v. Cinco
According to Moran, "when the terms of the judgment are not entirely
clear and there is room for interpretation and the interpretation given is L-29288, Nov. 29, 1976
wrong in the opinion of the defeated party, the latter should be allowed
to appeal from said order so that the appellate tribunal may pass upon FACTS: A man died intestate leaving his wife and one legitimate child.
the legality and correctness of the said order." 6* Distribute the man’s estate.
HELD: The wife gets 1/2 and the legitimate child gets the other half.
We note, however, that since its inception, this case has been pending
(See also Santillon v. Miranda, June 30, 1965; Art. 996, Civil Code).
in the courts for more than ten (10) years. It appears in the
manifestation of the respondents that Teodora Vda. de Arcenas is Del Rosario vs. Conanan
already 86 years of age. It cannot be denied that if petitioners continue G.R. No. L-37903
with their appeal, there will be further delays in its termination. It is in March 30, 1977
the milieu of such circumstance that this Court finds it relevant to make
certain observations, in the hope that on the basis thereof, the parties Topic/Doctrine: Share of Surviving Spouse Concurring With
themselves, with the assistance of the respondent court, may be able Legitimate Ascendants and Illegitimate Children (Article 1000 in
to resolve their differences in a fair and equitable manner. Thus, on the relation to Article 343)
question regarding the share of the surviving spouse in the estate of
the deceased, We note that the trial court was correct in declaring that FACTS:
Teodora Vda. de Arcenas is entitled to one-half (1/2) of the estate. This
is in accordance with the rule enunciated by this Court in Santillon v. On November 13, 1972, petitioner filed with the court subject of which
is the estate left by her late son, Felix L. del Rosario, who died in a
Miranda, supra, to the effect that when intestacy occurs, a surviving
plane crash on September 12, 1969 at Antipolo, Rizal.
spouse concurring with only one legitimate child of the deceased is
entitled to one-half (1/2) of the estate of the deceased spouse under The oppositor admits that petitioner is the legitimate mother of the late
Article 996 of the Civil Code. The afore-mentioned court was, Felix L. Del Rosario. The latter admits that oppositor Dorotea Otera del
nevertheless, in error in insisting that each and every parcel should be Rosario, is the legitimate surviving wife of the deceased Felix Del
physically divided and apportioned to the parties in the manner Rosario. Petitioner also admits that Marilou Del Rosario, is the legally
indicated. Section 4 of Rule 69 of the Rules specifically requires that in adopted child of the late Felix and Dorotea Otera del Rosario. They are
making the partition, the commissioners shall (1) view and examine the the only surviving nearest relatives of Felix(deceased). A petition for
real estate, after due notice to the parties, to attend at such view and summary settlement is allowed under the provision of the rules of
court, the same rule specifically limits the action to estates the gross
value of which does not exceed P10, 000.00. In the instant petition, Who should inherit the estate of the decedent?
however, clearly alleges that the value of the real properties alone left
by the deceased Felix amounts to P33,000.00 which is obviously over HELD:
and above the value of the estate allowed under the rules. The action
taken by the petitioner construed as one filed under an intestate Our laws of succession, a decedent’s uncles and aunts may not
proceeding as the requirements provided by law for the same has not succeed ab intestado so long as the nephews and nieces are willing
been complied with. and qualified to succeed.
Upon the stipulated facts, and by virtue of the rulings already cited, the
defendant-appellant DalisayTongko-Camacho is entitled to the entirety
of the reversionary property to the exclusion of the plaintiffs-appellees.
SO ORDERED.