IN THE MATTER OF THE INTESTATE ESTATE OF CRISTINA AGUINALDO-SUNTAY

FACTS:
The decedent, Cristina Aguinaldo-Suntay (Cristina), married to Dr.
Federico Suntay (Federico), died intestate. Their only son, Emilio Aguinaldo
Suntay (Emilio I), predeceased both Cristina and Federico. At the time of
her death, Cristina was survived by her husband, Federico, and several
grandchildren, including petitioner Emilio A.M. Suntay III (Emilio III) and
respondent Isabel Cojuangco-Suntay.

Emilio I was married to Isabel Cojuangco, and they begot three

children, namely: herein respondent, Isabel; Margarita; and Emilio II. Emilio
I’s marriage to Isabel Cojuangco was subsequently annulled. Thereafter,
Emilio I had two children out of wedlock, Emilio III and Nenita.

Emilio III and Nenita were acknowledged natural children of Emilio I

and were both reared by spouses Federico and Cristina. Federico, after
the death of his spouse, Cristina, adopted their illegitimate grandchildren,
Emilio III and Nenita.

Emilio III was appointed as administrator of decedent Cristina’s

intestate estate. Respondent filed an appeal before the CA, which
reversed and set aside the decision of the RTC, and appointed
respondent as administratrix of the intestate estate of the decedent,
Cristina.

ISSUE:
Who, as between Emilio III and respondent, is better qualified to act
as administrator of the decedent’s estate?

HELD:
Emilio III is a legally adopted child of Federico, entitled to share in
the distribution of the latter’s estate as a direct heir, one degree from
Federico, not simply representing his deceased illegitimate father, Emilio I.

The law [of intestacy] is founded… on the presumed will of the

deceased… Love, it is said, first descends, then ascends, and, finally,
spreads sideways. Thus, the law first calls the descendants, then the
ascendants, and finally the collaterals, always preferring those closer in
degree to those of remoter degrees, on the assumption that the
deceased would have done so had he manifested his last will… Lastly, in
default of anyone called to succession or bound to the decedent by ties
of blood or affection, it is in accordance with his presumed will that his
property be given to charitable or educational institutions, and thus
contribute to the welfare of humanity.