Adoption- Nature and Effects

Teotico v. Del Val

G.R. No. L-18753 March 26, 1965
FACTS:
Maria Mortera died on July 1955 leaving properties worth P600,000. She executed
a will written in Spanish, affixed her signature and acknowledged before Notary Public by
her and the witnesses. Among the legacies made in the will was the P20,000 for Rene
Teotico who was married to the testatrix’s niece, Josefina Mortera. The usufruct of
Maria’s interest in the Calvo Building were left to the said spouses and the ownership
thereof was left in equal parts to her grandchildren, the legitimate children of said
spouses. Josefina was likewise instituted, as sole and universal heir to all the remainder
of her properties not otherwise disposed by will. Vicente Teotico filed a petition for the
probate of the will but was opposed by Ana del Val Chan, claiming that she was an
adopted child of Francisca (deceased sister of Maria) and an acknowledged natural child
of Jose (deceased brother of Maria), that said will was not executed as required by law
and that Maria as physically and mentally incapable to execute the will at the time of its
execution and was executed under duress, threat, or influence of fear.
ISSUE:
Whether or not respondent Ana del Val Chan has the right to intervene
RULING:
No.
It is a well-settled rule that in order that a person may be allowed to intervene in a
probate proceeding is that he must have an interest in the estate, will or in the property
to be affected by either as executor or as a claimant of the estate and be benefited by
such as an heir or one who has a claim against it as creditor. Under the terms of the will,
defendant has no right to intervene because she has no such interest in the estate either
as heir, executor or administrator because it did not appear therein any provision
designating her as heir/ legatee in any portion of the estate. She could have acquired
such right if she was a legal heir of the deceased but she is not under the CIVIL
CODE. Even if her allegations were true, the law does not give her any right to succeed
the estate of the deceased sister of both Jose and Francisca because being an illegitimate
child she is prohibited by law from succeeding to the legitimate relatives of her natural
father and that relationship established by adoption is limited solely to the adopter and
adopted and does not extend to the relatives of the adopting parents except only as
expressly provided by law. As a consequence, she is an heir of the adopter but not of
the relatives of the adopter.
Hence, defendant has no right to intervene either as testamentary or as legal heir in the
probate proceeding.