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CUARTICO v CUARTICO No. 11190-R, 16 November 1955 52 O.G. 1489 TOPIC: XX.

Intestate Succession, Art 960, 1027, 1028, 1032; F. The Iron Curtain, Art 992, 995 DOCTRINE: Cuartico explains the reason for the barrier in Article 992. The reason behind the absolute prohibition on intestate succession is obviously the intervening antagonism and incompatibility between members of the natural family and those of the legitimate family. NATURE: Appeal PONENTE: Hernandez, J. FACTS: 1. Petitioner Tranquilino Cuartico was named administrator of the Intestate Estate of said deceased. After all money claims against the estate had been settled, the administrator and his copetitioners moved that they be declared the exclusive heirs of the deceased. 2. The oppositors filed a similar motion praying that they, along with the petitioners, be declared heirs of the deceased. After trial, the court below, as aforestated, declared the petitioners and oppositors legal heirs of Patricia Clavecilla whereupon the petitioners, unsatisfied with the ruling, interposed the present appeal. 3. It appears indisputably clear between the parties that Patricia Clavecilla (decedent in this case) died single and ab intestato and that she left an inheritance of six parcels of land and houses. The petitioners-appellants named Tranquilino, Cipriano, Luis, Demetrio and Pancrasio all surnamed Cuartico are the legitimate children of Macario Cuartico and Maria Clavecilla, now both deceased. The oppositors-appellees along with the appellants' father Macario Cuartico, are the children of Eleno Cuartico and Susano Germodo, both deceased. 4. The evidence for the appellants tends to show that their mother Maria Clavecilla together with Patricia and Romana Clavecilla were children by different women of a Chinese named Juan

Clavecilla; that Maria's mother is Sinforosa Romano who, after Maria's birth, married one Benigno Martinez; that Patricia's mother is Susana Germodo who upon Patricia's birth, married Eleno Cuartico from which wedlock were born the appellees Feliciana, Gregorio, Paula, Macario the appellant's father, and Macario now deceased but represented by a daughter named Generosa; and that Ramona's mother is a woman named Bonifacia with an unknown surname. Romana died at an early age, single and without issue. Maria's death occurred in 1925 while Patricia as above indicated died on October 4, 1940. 5. The appellants claiming to be natural nephews of Patricia Clavecilla aver, moreover, that their mother Maria Clavecilla is a natural sister of Patricia Clavecilla and that both women were recognized natural daughters of Juan Clavecilla, mainly on the strength of a private instrument supposedly executed by the latter on June 26, 1896. 6. Upon the other hand, the appellees contend that Juan Clavecilla was legally married to Bonifacia Cardente on July 13, 1969 as evidenced by the parochial church records of Malabuyoc, Cebu; that from said marriage, Romana Clavecilla was born; and that Bonifacia Cardente died on March 6, 1900 followed shortly by Juan Clavecilla who died in 1903. The appellees further maintain that Patricia Clavecilla and Maria Clavecilla, assuming that the latter was a child of Juan Clavecilla, were both adulterous children and could not have been validly recognized by Juan Clavecilla who, during their conception and birth, was legally and validly married to Bonifacia Cardente. ISSUE: Who is entitled to succeed ab intestato to the inheritance left by Patricia Clavecilla. HELD: 7. In the trial below, the appellees tried to prove that Maria Clavecilla was neither a natural nor an adulterous daughter of Juan Clavecilla but was merely a maid of the latter; that Maria's real name was Maria Romana; and that she was born of the wedlock between Sinforosa Romano and Benigno Martinez. Appellees admit that Maria Clavecilla was legally married to their brother, Macario Cuartico; that from said marriage, the herein appellants were born and that consequently, appellants are





entitled to inherit from Patricia Clavecilla namely in representation of appellants' father, Macario, as ostensibly held by the trial court. No dispute exists that the appellees are the children of Eleno Cuartico and Susana Germodo. Susana Germodo being the natural mother of Patricia Clavecilla, it results therefore, that the appellees are natural half-brothers, half-sisters and half-niece respectively of Patricia Clavecilla. We begin with an inquiry into the alleged rights of the appellees to be declared heirs of and to succeed Patricia Clavecilla. During the trial, petitioners adduced in evidence a certificate issued by the parish of Alegria, Cebu attesting to the marriage between Eleno or Lino Cuartico and Susana Germodo, parents of the herein oppositors. Said marriage purportedly took place in Alegria, Cebu on June 1, 1880. Remarkably, the oppositors proffered no objection to the admission of said exhibit which explicitly shows that the oppositors' parents were legally married and inferentially that said oppositors were legitimate children. It is plainly evident, therefore, that the oppositors who are illegitimate children of Susana Germodo and Lino Cuartico are seeking to inherit ab intestato from their half-sister, Patricia Clavecilla. This pretension is certainly not countenanced under Article 943 of the Old Civil Code which provision is substantially reproduced as Article 992 in the New Civil Code. Article 943 reads: Art. 943. A natural child has no right to succeed ab intestato the legitimate children and relatives of the father or mother who has acknowledged it; nor shall such children or relatives so inherit from the natural child.

said relatives and are not entitled to inherit. There is of course a link blood, but this link does not recognize the alleged facts and will stakeholders, the natural child is looked down upon by family legitimate, the family is legitimate, however, hated by the natural son this considers that the privileged situation and the resources for it is deprived, that instead, just go in the natural son of the product vice, the living proof of a barron family. Every relationship is broken ordinarily in life, the law does nothing to recognize truth, avoiding new grounds for resentment. The hojos relatives and legitimate parent who recognized natural child, relatives are all in a straight line ascending or descending, or collateral line. The family is legitimate completely separate from the natural, or individuals to inherit ista Aquila, nor that individuals can inherit those of ista. (p. 127 Comments to the Civil Code.) 14. The appellants, on the other hand, pretend to succeed Patricia Clavecilla by reason of their alleged status of natural nephews of the latter. The appellees attempt to refute appellants' claims by alleging that Maria Clavecilla was merely a maid and not a child of Juan Clavecilla and could not have been, therefore, a relative of Patricia Clavecilla who was admittedly a daughter of Juan Clavecilla. Moreover, appellees claim, that assuming that Maria was a child of Juan Clavecilla along with Patricia Clavecilla, neither Maria nor Patricia could have been recognized as natural daughters by Juan Clavecilla who was, at the time of their (Maria's and Patricia's) birth legally and validly married with Bonifacia Cardente. 15. In view of all the foregoing, and finding that neither the appellants nor the appellees are entitled to succeed ab intestato to the inheritance left by Patricia Clavecilla, it behooves us to call upon the State to succeed. 16. Wherefore, the appealed order should be, as it is hereby, revoked and the court a quo is hereby instructed, when this decision becomes final, to furnish the provincial fiscal of Negros Oriental a copy of this decision for such action as may be proper pursuant to Rule 92 of the Rules of Court. No special pronouncement as to costs in this instance.

12. The reason behind the absolute prohibition on intestate succession is obviously the intervening antagonism and incompatibility between members of the natural family and those of the legitimate family. 13. In the words of Manresa: Among the natural son and the legitimate relatives or parent the reconcio denies all the code succesoria relationship. Cannot be