G.R. No. 155733. January 27, 2006
In the matter of the intestate etc. Vs. Heirs of Marciana Rustia Vda. De Damian, et al.

This case concerns the settlement of the intestate estates of Guillermo Rustia and Josefa Delgado. The main issue in this case is relatively simple: who, between petitioners and respondents, are the lawful heirs of the decedents. However, it is attended by several collateral issues that complicate its resolution.

The claimants to the estates of Guillermo Rustia and Josefa Delgado may be divided into two groups: (1) the alleged heirs of Josefa Delgado, consisting of her half- and full-blood siblings, nephews and nieces, and grandnephews and grandnieces, and (2) the alleged heirs of Guillermo Rustia, particularly, his sisters, his nephews and nieces, his illegitimate child, and the de facto adopted child (ampun-ampunan) of the decedents.

The deceased Josefa Delgado was the daughter of Felisa Delgado by one Lucio Campo. Felisa Delgado was never married to Lucio Campo, hence, Josefa and her full-blood siblings were all natural children of Felisa Delgado.

However, Lucio Campo was not the first and only man in Felisa Delgados life. Before him was Ramon Osorio with whom Felisa had a son, Luis Delgado. But, unlike her relationship with Lucio Campo which was admittedly one without the benefit of marriage, the legal status of Ramon Osorios and Felisa Delgados union is in dispute.

Succession

The alleged heirs of Josefa Delgado

1.    What is the relationship of Felisa Delgado and her siblings? May her siblings inherit from Josefa Delgado?

Here, the above-named siblings of Josefa Delgado were related to her by full-blood, except Luis Delgado, her half-brother. Nonetheless, since they were all illegitimate, they may inherit from each other. Accordingly, all of them are entitled to inherit from Josefa Delgado.


2.    May the grandnephews and grandnieces inherit from Josefa Delgado?

No. The only collateral relatives of Josefa Delgado who are entitled to partake of her intestate estate are her brothers and sisters, or their children who were still alive at the time of her death. Under Article 972 of the new Civil Code, the right of representation in the collateral line takes place only in favor of the children of brothers and sisters (nephews and nieces). Consequently, it cannot be exercised by grandnephews and grandnieces.


The alleged heirs of Guillermo Rustia

3.    May the ampun-ampunan inherit from Guillermo Rustia?

No. The ampun-ampunan, who was never adopted in accordance with law, was a legal stranger to the deceased spouses and therefore not entitled to inherit from them ab intestato.

Adoption is a juridical act, a proceeding in rem, which [created] between two persons a relationship similar to that which results from legitimate paternity and filiation. Only an adoption made through the court, or in pursuance with the procedure laid down under Rule 99 of the Rules of Court is valid in this jurisdiction. It is not of natural law at all, but is wholly and entirely artificial. To establish the relation, the statutory requirements must be strictly carried out, otherwise, the adoption is an absolute nullity. The fact of adoption is never presumed, but must be affirmatively [proven] by the person claiming its existence.

4.    Who may inherit from Guillermo Rustia?

Under Article 1002 of the new Civil Code, if there are no descendants, ascendants, illegitimate children, or surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased. Therefore, the lawful heirs of Guillermo Rustia are the remaining claimants, consisting of his sisters, nieces and nephews.

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