WILLS & SUCCESSION

Section 47 AY 2022-2023, 2ND Sem

TOPIC - RELATIONSHIP, REPRESENTATION OF #. 90

LEGITIMATE AND ADOPTED CHILDREN

CASE TITLE Sayson v CA, GR 89224-25 GR G.R. Nos. 89224-

NO. 25 

PONENTE CRUZ, J. DATE January 23, 1992

TICKLER Succession of adopted children

DOCTRINE The philosophy underlying this article is that a person's love descends first to
his children and grandchildren before it ascends to his parents and thereafter
spreads among his collateral relatives. It is also supposed that one of his
purposes in acquiring properties is to leave them eventually to his children as
a token of his love for them and as a provision for their continued care even
after he is gone from this earth.

FACTS Eleno and Rafaela Sayson begot five children, namely, Mauricio, Rosario,
Basilisa, Remedios and Teodoro. Eleno died on Nov. 10, 1952, and Rafaela
on May 15, 1976. Teodoro, who had married Isabel Bautista, died on Mar.
23, 1972. His wife died nine years later, on Mar. 26, 1981. Their properties
were left in the possession of Delia, Edmundo and Doribel, all surnamed
Sayson, who claim to be their children.
On Apr. 25, 1983, Mauricio, Rosario, Basilisa and Remedios, together with
Juana (Isabel’s mother), filed a complaint for partition of the intestate estate
of Teodoro and Isabel. 
On July 11, 1983, Delia, Edmundo and Doribel filed their own complaint, this
time for the accounting and partition of the intestate estate of Eleno and
Rafaela Sayson, against the couple's four surviving children

ISSUES 1. Whether Delia, Edmundo and Doribel are entitled to inherit their
father’s share in the estate of his (Teodoro) parents’ estate by right of
representation.

2. Whether the sibling of Teodora are entitled to inherit is his property.

RULING 1. There is no question that as the legitimate daughter of Teodoro and

thus granddaughter of Eleno and Rafaela, Doribel has a right to
represent here deceased father in the distribution of the intestate
estate of her grandparents. Under Art. 981 (NCC), she is entitled to
the share her father would have directly inherited had he survived,
which shall be equal to the shares of her grandparents’ other children.

But a different conclusion must be reached in the case of Delia and

Edmundo, to whom the grandparents were total strangers. While it is true that
the adopted child shall be deemed to be a legitimate child and have the same
right as the latter, those rights do not include the right of representation. The
relationship created by the adoption is between only the adopting parents and

ABAN, ACEBES, ACLAN, AGANAN, ALEJANDRO, BALADJAY, BUENO, CAJUCOM, CHUA, CRISOSTOMO, CUERDO, DEL
Section 47 [AY 2022-2023,2nd Sem VALLE, DELOS REYES, DULDULAO, GEMANIL, GONZALES, GREGORIO, IBARRA, JUSAIN, MACOY, MANDONG,
Arellano University – School of Law MARTINEZ, MERDEGIA, PADERON, PAMINTUAN, PERALTA, RASUMAN, RAZONABLE, REYES, SITON, TORRES, VALDEZ,
VINOYA
 WILLS & SUCCESSION
Section 47 AY 2022-2023, 2ND Sem

the adopted child and does not extend to the blood relatives of either party.

2. We hold that Doribel, as the legitimate daughter of Teodoro and Isabel

Sayson, and Delia and Edmundo, as their adopted children, are the
exclusive heirs to the intestate estate of the deceased couple,
conformably to the following Article 979 of the Civil Code:

Art. 979. Legitimate children and their descendants succeed

the parents and other ascendants, without distinction as to sex
or age, 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.

The philosophy underlying this article is that a person's love descends first to
his children and grandchildren before it ascends to his parents and thereafter
spreads among his collateral relatives. It is also supposed that one of his
purposes in acquiring properties is to leave them eventually to his children as
a token of his love for them and as a provision for their continued care even
after he is gone from this earth.

NOTES Art. 979. Legitimate children and their descendants succeed the parents and other
ascendants, without distinction as to sex or age, 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.

Art. 970. 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.

Art. 971. 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 who
the person represented would have succeeded.

Art. 981. Should children of the deceased and descendants of other children who are dead,
survive, the former shall inherit in their own right, and the latter by right of representation.

ABAN, ACEBES, ACLAN, AGANAN, ALEJANDRO, BALADJAY, BUENO, CAJUCOM, CHUA, CRISOSTOMO, CUERDO, DEL
Section 47 [AY 2022-2023,2nd Sem VALLE, DELOS REYES, DULDULAO, GEMANIL, GONZALES, GREGORIO, IBARRA, JUSAIN, MACOY, MANDONG,
Arellano University – School of Law MARTINEZ, MERDEGIA, PADERON, PAMINTUAN, PERALTA, RASUMAN, RAZONABLE, REYES, SITON, TORRES, VALDEZ,
VINOYA