FACTS: Martina Avalle, widow of Llorente, had during her marriage four legitimate

children named Jacinta, Julio, Martin, and Francisco, all with the surname of Llorente
y Avalle. In the will executed by her on the 31st of December, 1900, she instituted
as her sole and general heirs her three first-named children, Jacinta, Julio, and
Martin, and the children of the late Francisco, named Soledad and Adela Llorente.
Jacinta died prior to the testatrix, on the 11thof August, 1901, leaving several
legitimate
childrenwith the surname of Rodriguez y Llorente, andbesides them, a natural daug
hter named RosaLlorente.The said Rosa Llorente, the naturaldaughter
of
Jacinta
Llorente, wanted to become a party in the proceedings for the probate of the will
of Martina Avalle, but the legitimate children of the said Jacinta Llorente objected
thereto
on
the
ground
thatthey were the sole and exclusive heirs of their mother, the late Jacinta Llorente,
and that theplaintif, Rosa Llorente, absolutely cannot be a party thereto
The Court of First Instance of Cebu, where the will was admitted for probate, held
that Rosa Llorente had no right whatever to the inheritance of the late Martina
Avalle, and denied her all right to intervene in the proceedings regarding the estate
of the said deceased.
ISSUE:
Whether
or
not
the
hereditary
portion
whichMartina Avalle left in her will to her legitimatedaughter Jacinta Llorente,
and which the latter had not been able to possess because of her death before that
of the testatrix, should also pass to her natural daughter, Rosa Llorente, the same
as to her legitimate children.
RULING:
No.
From
the
fact
that
a
natural
son
has
theright to inherit from the father or mother whoacknowledged him, conjointly with
the other legitimate children of either of them, it does notfollow that he has the
right
to
represent
either
of them in the succession to their legitimateascendants; his right is direct and imme
diate inrelation to the father or mother who acknowledged him, but it cannot be
indirect by representing them in the succession to their ascendants to whom he is
not related in any manner, because he does not appear among the legitimate family
of which said ascendants are the head. If Jacinta Llorente had survived her mother,
Martina
Avalle,
she
would
have
inherited
from
her,and in what she inherited from her mother, her natural daughter, Rosa Llorente
would haveparticipated, in conjunction with her legitimatechildren, from the day in
which the successionbecame operative, because she would then appear by virtue of
her
own
right
to
inherit
from
her
mother the legal quota that pertained to her; but, notbecause she has said right, wo
uld she also beentitled to that of representation, inasmuch as there is no legal
provision establishing such a doctrine; that Rosa Llorente might and should inherit
from her natural mother is one thing, and that she shouldhave the right to inherit

from her who would be called her natural grandmother, representing her natural
mother, is quite another thing. The latter right is not recognized by the law in force.
Therefore, the judgment appealed from is hereby affirmed.

Leonardo v.CA
G.R. No. L-51263 February 28, 1983
FACTS: Francisca Reyes died intestate on July 12, 1942 and was survived by two
daughters, Maria and Silvestra Cailles and a grandson, Sotero Leonardo, the son of
her daughter, Pascuala Cailles who predeceased her. Sotero Leonardo died in 1944,
while Silvestra Cailles died in 1949 without any issue. On October 29, 1964,
petitioner Cresenciano Leonardo, claiming to be the son of the late Sotero Leonardo,
filed a complaint for ownership of properties, sum of money and accounting in
the Court of First Instance of Rizal seeking judgment (1) to be declared one of the
lawful heirs of the deceased Francisca Reyes, entitled to one-half 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. Answering the complaint, private
respondent Maria Cailles
asserted
exclusive
ownership
over
the
subject properties and alleged that petitioner is an illegitimate child who cannot
succeed by right of representation. For his part, the other defendant, private
respondent James 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. These properties were allegedly mortgaged to respondent Rural Bank of
Paranaque, Inc. sometime in September 1963.
ISSUE: Whether or not petitioner, as the great grandson of Francisca Reyes, has
legal right to inherit by representation.
RULING: No. 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 that, as found again by the Court of Appeals, he was
born outside wedlock as shown by the fact when he was born on September 13,
1938, his alleged putative father and mother were not yet married, and what is
more, his alleged fathers first marriage was still subsisting. At most, petitioner
would be an illegitimate child who has no right to inherit ab intestate from the
legitimate children and relatives of his father, like the deceased Francisca Reyes.