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Generalia verba sunt generaliter intelligenda

What is generally spoken shall be generally understood.



Diaz v. IAC
G.R. No. L-66574
February 21, 1990
Paras, J.

FACTS:
Pablo Santero was a legitimate son of Simona and Pascual. The petitioner had four (4) illegitimate children
with the Pablo so that when Pablo died, the petitioner invoked the right to inheritance of her illegimitate children
to the intestate estate of the late Simona Pamuti Vda. de Santero. The respondent refuted this claim saying that
she was the lone heir to such estate as provided in the Art. 922 of the New Civil Code. The said provision states
that An illegitimate child has no right to inherit ab intestato from the legitimate children or relatives of his father
or mother.

ISSUE:
Can illegitimate children of Pablo Santero inherit from Simona Santero, by right of representation of their
father Pablo Santero who is a legitimate child of Simona?

RULING:
Supreme Court ruled that the determining factor is the legitimacy or illegitimacy of the person to be
represented. If the person to be represented is an illegitimate child, then his descendants, whether legitimate or
illegitimate, may represent him; however, if the person to be represented is legitimate, his illegitimate
descendants cannot represent him because the law provides that only his legitimate descendants may exercise
right of representation by reason of the barrier imposed Article 992. Amicus curiae Prof. Ruben Balane has this to
say: The term relatives, although used many times in the Code, is not defined by it. In accordance therefore with
the canons of statutory interpretation, it should be understood to have a general and inclusive scope, inasmuch as
the term is a general one. Generalia verbasunt generaliter intelligenda. Thus, the word "relatives" is a general
term and when used in a statute it embraces not only collateral relatives but also all the kindred of the person
spoken of, unless the context indicates that it was used in a more restrictive or limited sense. The court declared
the respondent as the sole legitimate heir

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