Jimenez vs Fernandez
Facts:
The eastern portion of a land, belonging to the decedent, is the subject of this case.
The decedent, Fermin Hernandez, had 2 sons in which Fortunato (other child),
predeceased the decedent. On the other hand, Fortunato also had one child,
Sulipicia Jimenez, the petitioner in this case. Upon registration of the land, it was
under the name of Sulpicia and the alive child of the decedent, Carlos Jimenez, in
equal shares. The latter (Carlos), had an illegitimate child, named Melecia Jimenez.
The latter sold the eastern portion to Cagampan and Grado. Upon the death of
Carlos, Sulpicia executed and Affidavit of Adjudication as the sole heir of the
deceased uncle. She filed a recovery of the eastern portion occupied by Grado, the
person whom Melecia sold that portion of the land.
LC:
Held that grado is the absolute owner of the land
CA:
Affirmed RTC in toto
SC:
The lower courts erred in declaring that Sulpicia does not own the property in
question. Melecia Jimenez, an illegitimate child, is not the daughter of Carlos
Jimenez and therefore, had no right in the property in question. Even assuming
that she was proven to be an illegitimate child, she HAD NO RIGHT TO SUCCEED
Carlos Jimenez and could have not validly acquired nor legally transferred to
buyers that portion of the property.
Art. 795. The validity of the will as to its form depends upon the observance
of the law in force at the time it is made.
The right to inheritance of a person who died with or without will, before the
effectivity of the New Civil Code (1950), shall be governed by the Civil Code of 1889.
Carlos Jimenez died on Jul 9, 1936 before the effectivity of the New Civil Code so it
must be in accordance with Civil Code of 1889. In the former Civil Code, a child
must either be a legitimate, legitimated, or adopted, or else an acknowledged
natural child- for an illegitimate not natural is DISQUALIFIED TO INHERIT. She
cannot be considered an acknowledged natural child because Carlos Jimenez was
legally married to Susana Abalos at that time. She is to be considered an
ILLEGITIMATE SPURIOUS CHILD and not entitled to any successional right in the
estate of Carlos, in the absence of any voluntary conveyance to her by Carlos.