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    C.4 Leonardo Vs CA

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    Anonymous Zy90dR3
    The petitioner claimed inheritance rights over properties from his late great-grandmother Francisca Reyes. The Court of First Instance ruled in the petitioner's favor, but the Court of Appeals reversed. The Supreme Court affirmed the Court of Appeals' decision, finding that as an illegitimate child, the petitioner had no right to inherit intestate from his great-grandmother or other legitimate relatives of his father under Article 992 of the Civil Code. Even if the petitioner was the son of Sotero Leonardo, he could not inherit by right of representation since he was born outside of wedlock to parents who were not yet married at the time of his birth.

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    C.4 Leonardo Vs CA

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    Anonymous Zy90dR3
    44 views1 page
    The petitioner claimed inheritance rights over properties from his late great-grandmother Francisca Reyes. The Court of First Instance ruled in the petitioner's favor, but the Court of Appeals reversed. The Supreme Court affirmed the Court of Appeals' decision, finding that as an illegitimate child, the petitioner had no right to inherit intestate from his great-grandmother or other legitimate relatives of his father under Article 992 of the Civil Code. Even if the petitioner was the son of Sotero Leonardo, he could not inherit by right of representation since he was born outside of wedlock to parents who were not yet married at the time of his birth.

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    The petitioner claimed inheritance rights over properties from his late great-grandmother Francisca Reyes. The Court of First Instance ruled in the petitioner's favor, but the Court of Appeals reversed. The Supreme Court affirmed the Court of Appeals' decision, finding that as an illegitimate child, the petitioner had no right to inherit intestate from his great-grandmother or other legitimate relatives of his father under Article 992 of the Civil Code. Even if the petitioner was the son of Sotero Leonardo, he could not inherit by right of representation since he was born outside of wedlock to parents who were not yet married at the time of his birth.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    44 views1 page

    C.4 Leonardo Vs CA

    Uploaded by

    Anonymous Zy90dR3
    The petitioner claimed inheritance rights over properties from his late great-grandmother Francisca Reyes. The Court of First Instance ruled in the petitioner's favor, but the Court of Appeals reversed. The Supreme Court affirmed the Court of Appeals' decision, finding that as an illegitimate child, the petitioner had no right to inherit intestate from his great-grandmother or other legitimate relatives of his father under Article 992 of the Civil Code. Even if the petitioner was the son of Sotero Leonardo, he could not inherit by right of representation since he was born outside of wedlock to parents who were not yet married at the time of his birth.

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    of 1

    LEONARDO vs.

    CA  Private respondent Maria Cailles asserted exclusive ownership over the subject
    properties and alleged that petitioner is an illegitimate child who cannot succeed by
    GR. No. L-51263. February 28, 1983
    right of representation.
    c/o Aine Tawantawan
     Bracewell, claimed that said properties are now his by virtue of a valid and legal deed
    of sale which Maria Cailles had subsequently executed in his favor were allegedly
    mortgaged to respondent Rural Bank of Parañaque, Inc. sometime in September 1963.
    DONOR Francisca Reyes
     CFI ruled in favor of the petitioner. CA reversed the Decision. Hence, this petition.
    DONEE Maria Cailles

    PROPERTY/RIGHT INHERITED properties, sum of money and accounting


    ISSUE: Whether petitioner being the great grandson of Reyes has legal right to inherit by
    TYPE Intestate
    representation. -NONE

    DOCTRINE : “ILLEGITIMATE CHILDREN NOT ENTITLED TO INHERIT AB INTESTATO FROM


    RULING
    THE LEGITIMATE CHILDREN AND RELATIVES OF HIS FATHER OR MOTHER”
    Even if it is true that petitioner is the child of Sotero Leonardo, still he cannot, by right of
    representation, claim a share of the estate left by the deceased Francisca Reyes considering
    FACTS that, as found again by the Court of Appeals, he was born outside wedlock as shown by the
    fact that when he was born on September 13, 1938, his alleged putative father and mother
     Francisca Reyes died intestate on July 12, 1942 was survived by two (2) daughters, were not yet married, and what is more, his alleged father's first marriage was still
    Maria and Silvestra Cailles, and a grandson, Sotero Leonardo, the son of her daughter, subsisting. At most, petitioner would be an illegitimate child who has no right to inherit ab
    Pascual Cailles who predeceased her. intestato from the legitimate children and relatives of his father, like the deceased Francisca
     Sotero Leonardo died in 1944, while Silvestra Cailles died in 1949 without any issue. Reyes. (Article 992, Civil Code of the Philippines.)

     Cresenciano Leonardo, claiming to be the son of the late Sotero Leonardo, filed a
    complaint for ownership of properties, sum of money and accounting seeking FALLO: WHEREFORE, the decision of the Court of Appeals sought to be reviewed in this
    judgment petition is hereby affirmed, with costs against the petitioner.
    (1) to be declared one of the lawful heirs of the deceased Francisca Reyes,
    entitled to 1/2 share in the estate of said deceased jointly with defendant,
    private respondent herein, Maria Cailles,

    (2) To have the properties left by said Francisca Reyes, described in the
    complaint, partitioned between him and defendant Maria Cailles, and

    (3) to have an accounting of all the income derived from said properties from
    the time defendants took possession thereof until said accounting shall have
    been made, delivering to him his share therein with legal interest.

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