Sayson v. CA GR 892224-25

 Sayson v. CA GR 892224-25, January 23, 1992

Art. 164. Children conceived or born during the marriage of the parents are legitimate. 
Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child. (55a, 258a)

FACTS:

Eleno and Rafaela Sayson begot 5 children: Mauricio, Rosario, Basilisa, Remedios and Teodoro. Teodoro married Isabel. Upon the death of Teodoro and Isabela, their properties were in the possession of Delia, Edmundo and Doribel, their children. The plaintiffs filed for partition of the intestate estate of Teodoro and Isabela. It was opposed by of Delia, Edmundo and Doribel alleging their successional rights to the estate as the lawful descendants. Subsequently, of Delia, Edmundo and Doribel filed for partition of intestate estate of Eleno and Rafaela as they are titled to inherit Teodoro’s share in his parents’ estate by right of representation because of Delia and Edmundo are adopted children and of Doribel was legitimate daughter.

The RTC found the defendants qualified to inherit from E and R by right of representation. The CA found De and E disqualified from inheriting from E and R.

ISSUE:

Whether or not of Delia, Edmundo and Doribel may inherit from the estate of Eleno and Rafaela by right of representation

RULING:

As to Doribel, YES, for she was a legitimate daughter of T and thus granddaughter of E and R. She has right to represent her deceased father in the distribution of intestate estate of her grandparents. 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.

As to of Delia and Edmundo, to whom the grandparents were total strangers, cannot inherit by representation. While it is true that the adopted child shall be deemed to be a legitimate child and have the same right as the latter, these rights do not include right of representation. The relationship created by the adoption is between the adopting parents and the adopted child and does not extend to the blood relative of either party.