MAURICIO SAYSON, ROSARIO SAYSON-MALONDA, BASILISA SAYSON-LIRIO,

REMEDIOS SAYSON-REYES and JUANA C. BAUTISTA, petitioners, vs. THE HONORABLE

COURT OF APPEALS, DELIA SAYSON, assisted by her husband, CIRILO CEDO, JR.,
EDMUNDO SAYSON AND DORIBEL SAYSON, respondents.
G.R. No. 89224-25 . January 23, 1992. sayson vs ca
CRUZ, J.
DOCTRINE:
Representation is a right created by fiction of law, by virtue of which the
representative is raised to the place and the degree of the person represented, and acquires
the rights which the latter would have if he were living or if he could have inherited.
The representative is called to the succession by the law and not by the person
represented. The representative does not succeed the person represented but the one whom eleno and
the person represented would have succeeded. rafaela
have 5
FACTS: M,R, R, B, T children.
now the
siblings of Eleno and Rafaela begot five children, namely, Mauricio, Rosario, Basilisa, Remedios
mauricio
teodoro and Teodoro. Eleno and Rafaela died. Teodoro, who had married Isabel Bautista, died. His
as petitioner wife died nine years later. Their properties were left in the possession of Delia, Edmundo, rosario
filed basilisa
and Doribel Sayson, who claim to be their children. remedios
a complaint
teodoro
for partition Mauricio, Rosario, Basilisa, and Remedios, together with Juana C. Bautista, Isabel's
and accountingmother, filed a complaint for partition and accounting of the intestate estate of Teodoro and
of the teodoro
Isabel Sayson. The action was resisted by Delia, Edmundo and Doribel Sayson, who alleged who
intestate
estate of successional rights to the disputed estate as the decedent's lawful descendants. married
teodor and isabel
Delia, Edmundo and Doribel filed their own complaint for the accounting and already
isabel partition of the intestate estate of Eleno and Rafaela Sayson. The complainants asserted that died.
Delia and Edmundo were the adopted children and Doribel was the legitimate daughter of
but was
opposed Teodoro and Isabel. As such, they were entitled to inherit Teodoro's share in his parents' isabel also
by the estate by right of representation. died 9
children years later
of teodoro ISSUE: whether or not delia, edmundo and doribel have capacity to inherit
from her parents and grandparents? they left
and isabel Whether or not Delia, Edmundo, and Doribel Sayson possess the status and their properties
capacity to inherit from their alleged parents and grandparents. in the
the petitioner
is stating thatRULING: possession
D, D, E
the respondents affirmative!! of delia
delia The Court ruled in the Negative. Doribel, as the legitimate daughter of Teodoro and edmundo
and edmundoIsabel Sayson, and Delia and Edmundo, as their adopted children, are the exclusive heirs to and doribel
are merely the intestate estate of the deceased couple. Under the Civil Code, legitimate children and their who
adopted claimed to
descendants succeed the parents and other ascendants, without distinction as to sex or age, be their
and only doribel
is the legitimate children.
daughter
the civil code provided that legitimate children and their descendants succeed to the parents and other
ascendants without distinction as to sex or age.

an adopted child succeeds to the property of the adopting parents same as a legitimate child

and even if they should come from different marriages. An adopted child succeeds to the
property of the adopting parents in the same manner as a legitimate child.
As to the right of representation: para naman sa grandparents right of
representa
Representation is a right created by fiction of law, by virtue of which the tion is
representative is raised to the place and the degree of the person represented, and acquires created by
the rights which the latter would have if he were living or if he could have inherited. fiction of
law by
The representative is called to the succession by the law and not by the person which the
represented. The representative does not succeed the person represented but the one whom representa
the person represented would have succeeded. tive steps
into the
Should children of the deceased and descendants of other children who are dead, shoes of
survive, the former shall inherit in their own right, and the latter by right of representation. the person
being
There is no question that as the legitimate daughter of Teodoro and thus the
represente
granddaughter of Eleno and Rafaela, Doribel has a right to represent her deceased father in d and
the distribution of the intestate estate of her grandparents. Under Article 981, quoted above, acquires
she is entitled to the share her father would have directly inherited had he survived, which the rights
shall be equal to the shares of her grandparents' other children. which the
latter
would
have if he
were living