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    Pascual V Pascual

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    Maxx
    1) Don Andres Pascual died intestate in 1973 and was survived by his spouse, children of his brothers and half-brothers, and representatives of another half-brother. 2) His spouse filed to administer the estate but others contested that the children of Pascual's brother Eligio should not inherit as they were illegitimate. 3) Article 992 of the Civil Code prohibits illegitimate children from inheriting intestate from legitimate relatives of their parents; the issue is whether this excludes recognized natural children.

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    Pascual V Pascual

    Uploaded by

    Maxx
    94 views1 page
    1) Don Andres Pascual died intestate in 1973 and was survived by his spouse, children of his brothers and half-brothers, and representatives of another half-brother. 2) His spouse filed to administer the estate but others contested that the children of Pascual's brother Eligio should not inherit as they were illegitimate. 3) Article 992 of the Civil Code prohibits illegitimate children from inheriting intestate from legitimate relatives of their parents; the issue is whether this excludes recognized natural children.

    Original Description:

    Digest for Statutory Construction

    Original Title

    Pascual v Pascual

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    1) Don Andres Pascual died intestate in 1973 and was survived by his spouse, children of his brothers and half-brothers, and representatives of another half-brother. 2) His spouse filed to administer the estate but others contested that the children of Pascual's brother Eligio should not inherit as they were illegitimate. 3) Article 992 of the Civil Code prohibits illegitimate children from inheriting intestate from legitimate relatives of their parents; the issue is whether this excludes recognized natural children.

    Copyright:

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

    Pascual V Pascual

    Uploaded by

    Maxx
    1) Don Andres Pascual died intestate in 1973 and was survived by his spouse, children of his brothers and half-brothers, and representatives of another half-brother. 2) His spouse filed to administer the estate but others contested that the children of Pascual's brother Eligio should not inherit as they were illegitimate. 3) Article 992 of the Civil Code prohibits illegitimate children from inheriting intestate from legitimate relatives of their parents; the issue is whether this excludes recognized natural children.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. No.

    84240 March 25, 1992

    OLIVIA S. PASCUAL and HERMES S. PASCUAL, petitioners,


    vs.
    ESPERANZA C. PASCUAL-BAUTISTA, etc, respondents.

    FACTS:

     October 12, 1973 – Don Andres Pascual died intestate


     Don Pascual was was survived by the ff:
    a) Adela Soldevilla de Pascual (spouse)
    b) Children of Wenceslao Pascual Sr. (brother)
    c) Children of Pedro Bautista (half brother)
    d) Children of Eligio Pascual (brother)
    e) Representatives of the intestate of Eleuterio Pascual (half brother)
     Spouse Adela filed for the administration of the intestate estate of Don Pascual
     She stated that Eligio Pascual is Don Pascual’s younger brother in full blood, and that Eligio’s
    children should also take part in Don Pascual’s inheritance
     However, oppositors said that they were not among the rightful heirs of Don Pascual, since
    Elgio’s children are illegitimate
     Article 992 of the Civil Code declares that, “An illegitimate child has no right to inherit ab intestato
    from the legitimate children and relatives of his father or mother; nor shall such children or
    relatives inherit in the same manner from the illegitimate child.”
     Petitioners contend that they do not fall squarely within the purview of Article 992 of the Civil
    Code of the Philippines, can be interpreted to exclude recognized and of the doctrine laid down in
    Diaz v. IAC (150 SCRA 645 [1987]) because being acknowledged natural children, their
    illegitimacy is not due to the subsistence of a prior marriage when such children were under
    conception
     Petitioners argue that term "illegitimate" children as provided in Article 992 must be strictly
    construed to refer only to spurious children
     Respondents maintain that herein petitioners are within the prohibition of Article 992 of the Civil
    Code and the doctrine laid down in Diaz v. IAC is applicable to them.

    ISSUE: Whether or not Article 992 of the Civil Code of the Philippines, can be interpreted to
    exclude recognized natural children from the inheritance of the deceased.

    RULING: NO. Article 992 should be construed and applied as it is (verba legis)

     While the interpretation of the law desired by the petitioner may be more humane, it is a
    statutory rule that the interpretation of the laws should not be expanded if the words and
    phrases are clear.
     Clearly the term "illegitimate" refers to both natural and spurious.
     Finally under Article 176 of the Family Code, all illegitimate children are generally placed
    under one category, which undoubtedly settles the issue as to whether or not acknowledged
    natural children should be treated differently, in the negative.
     It may be said that the law may be harsh but that is the law (DURA LEX SED LEX)
     Thus, petitioners Olivia and Hermes Pascual cannot be declared as rightful heirs of Don
    Pascual

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