Aug 30, 2009

Satutory Construction- Pascual vs. Pascual- Bautista

Satutory Construction

Case of Pascual vs. Pascual- Bautista
207SCRA 561 25March1992

FACTS OF THE CASE:

Petitioners Olivia and Hermes Pascual are the acknowledged natural children of the natural children of the late Eligio Pascual the latter being a full blood brother of the decedent Don Andres Pascual. Adela Soldevilla Pascual the surviving spouse of the late Don Andes Pascual filed w/ the RTC Branch 162, a special proceeding case no.7554 for administration of the intestate estate of her late husband. Olivia and Hermes are illegitimate children of Eligio Pascual (although they contend that the term “illegitimate children” as described in art 992 should be construed as “spurious children”) .

ISSUES OF THE CASE:

Can Art. 992 of the Civil Code of the Philippines be interpreted to exclude recognized natural children from the inheritance of the deceased?

Yes, Because the art. 992 of the Civil Code explicitly states that:

“An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child.”

In applying the above doctrine to the case at bar respondents did not err in holding that petitioners herein cannot represent their father Eligio Pascual in the succession of the latter to the intestate estate of the decedent Andres Pascual, since under Art 176 of the Family Code all illegitimate children are generally placed under one category, whether spurious or not.

HELD:

PETITION IS DISMISSED FOR LACK OF MERIT AND THE ASSAILED DECISION OF THE RESPONDENT COURT OF APPEALS DATED APRIL 29,1988 IS AFFIRMED

STAT CON LESSON:

When the law is clear, it is not susceptible to interpretation. (It must be applied regardless of who maybe affected, even if the law may be harsh or onerous)

I hope this helps.

Jeff David

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