De Los Santos vs. Luciano G.R. No.

L-40958 August 11, 1934 FACTS: On December 28, 1836, Spouses Leon and Josefa Escobar bore a child named Tomasa Escobar. Leon and Josefa celebrated their marriage a year later and bore two more children named Antonio and Fortunato. Tomasa lived with them. They called Leon and Josefa nanay and tatay and Tomasa was referred to as manang (older sister) by Antonio and Fortunato. Tomasa thereafter had a daughter named Maria Luciano and the spouses even built a home for the mother and daughter. After Tomasa died, Leon took care of Maria Luciano who stayed with him until his death. Antonio thereafter took Maria Luciano until she married. When Antonio became ill, he sent money for Maria to take care of him until his death. Appellant Luciano now claims to be the only heir to the estate of Antonio Escobar contending that she is the daughter Antonios legitimated sister. The Court of First Instance ruled that Antonio Escobars deceased wife, Luciana De Los Santos is the sole heir to his estate. Appellant Luciano elevated the case to the Supreme Court. Hence, the present petition. ISSUES: 1. Whether or not Tomasa is a legitimated daughter of Leon Escobar and Josefa Esguerra 2. Whether or not Maria Luciano is the sole heir of Antonio Escobar HELD: Yes. The support given by spouses Leon Escobar, presenting Tomasa as their child to society and taking care of her, building a house for her and her daughter Maria prove that they acknowledged Tomasa as their daughter. Pursuant to the provisions of Law 11 of Toro, cited above, such acknowledgment, in addition to the freedom of her parents to marry without dispensation at the time of her conception or birth, gave Tomasa Escobar the status of a natural child of Leon Escobar and Josefa Esguerra (Requejo vs. Rabalo, 34 Phil., 14), and according to Law I, title XIII, Partida IV, quoted above, the subsequent marriage of the latter legitimated her. (Cosio vs. Pili, 10 Phil., 72; Requejo vs. Rabalo, supra.) As for Maria Lucianos entitlement to inheritance from Antonio Escobar, the twelfth transitory provision of the Civil Code provides that, The inheritance of those who died after the Civil Code took effect, with or without a will, shall be allotted and divided in accordance with this Code, but in harmony, in so far as the latter permits it, with the testamentary dispositions. Antonio Escobar died after the Civil Code took effect which means that the inheritance should be distributed according to the said Code. Article 953 of the Civil Code provides that should children of brothers or sisters exist, the surviving spouse shall, concurrently with said children, be entitled to receive the part of the inheritance in usufruct assigned him or her in article 837. Therefore, since the marriage of Leon and Josefa legitimated Tomasa, Appellant Luciano was entitled to inherit full ownership of the other half when Antonio died intestate, while Antonios surviving spouse was entitled to the other half. However, the usufructuary right of widow Luciana delos Santos was extinguished upon her death on December 27, 1932 (article

513 of the Civil Code) and therefore consolidating the naked ownership with the usfruct of the other half in Maria Luciano. When the lower court rejected appellants claim, it based its opinion on Art. 943 of the Civil Code interpreting the word "legitimated" to mean a child legitimated by royal concession. The legislators could not have intended this provision to be interpreted that way since Art. 122 of the Civil Code grants a child legitimated by subsequent marriage the same rights as those which are legitimate. On the other hand, a child legitimated by royal concession only has the same rights as those which are acknowledged natural children. The Court is of the opinion that: 1) That the continuous possession of the status of a natural child, justified by direct acts of its parents and their family under the legislation prior to the Civil Code, constitutes tacit recognition of paternity (Law 11 of Toro); (2) that a child, who has enjoyed the continuous possession of the status of natural child, justified by direct acts of its parents and their family both before and after their marriage which was celebrated under the prior legislation, is considered as legitimated by subsequent marriage (Law I, Title XIII, Partida IV); (3) that the legitimate daughter of a daughter legitimated by subsequent marriage, now deceased, is entitled to inherit from a brother of her mother who is a legitimate son of the same parents who legitimated her mother by subsequent marriage, and who died after the Civil Code took effect; and (4) that the word "legitimated" employed in Section III, Chapter IV of Book Three of the Civil Code, refers to children legitimated by royal concession and not to those legitimated by subsequent marriage. RULING: The order appealed from is REVERSED and Maria Luciano is declared to be the sole heir to the intestate estate of Antonio Escobar