Olivia S. Pascual v. Esperanza C. Pascual-Bautista

Olivia S. Pascual and Hermes S. Pascual, Petitioners

Vs.

Esperanza C. Pascual-Bautista, Manuel C. Pascual, Jose C. Pascual, Susana C. Pascual, Erlinda C. Pascual, Wenceslao C. Pascual, Jr., Intestate Estate of Eleuterio T. Pascual, Avelina Pascual, Isoceles Pascual, Leida Pascual Martines, Virginia Pascual-Ner, Nona Pascual-Fernando, Octavio Pascual, Geranaia Pascual-Dubert, and The Honorable Presiding Judge Manuel S. Padolina of Br. 162, RTC, Pasig, Metro Manila, Respondents.

G.R. No. 84240, March 25, 1992


Facts:

On October 12, 1973, Don Andres Pascual died intestate. Petitioners Olivia and Hermes, both surnamed Pascual are the acknowledged natural children of Eligio Pascual, Full blood brother of decedent Don Andres Pascual.

Petitioners filed their motion to reiterate hereditary rights and the memorandum in support of motion to reiterate hereditary rights.

However, Regional Trial Court, Presided by Judge Manuel S. Padolina, issued an order the dispositve portion of which resolved to deny this motion reiterating their hereditary rights. Petitioners filed their motion for consideration which was also denied.

Petitioners appealed to the Court of Appeals but which was also dismissed. In Petition for Certiorari, petitioners contend that they do not fall squarely within the purview of Article 992 of the Civil Code, that can be interpreted to exclude acknowledged natural children, since their illegitimacy is not due to the subsistence of a prior marriage.

Issue:

Whether or Not Article 992 of the Civil Code can be interpreted to exclude Recognized Natural Children from the inheritance of the deceased?

Held:

No. The Petition is devoid of merit. Article 992 provides that illegitimate child has no right to inherit ab intestado (intestate) from the legitimate children and relatives of his parents; nor shall thos children inherit in the same manner from the illegitimate child.

Illegitimate child includes both:
1. Natural - Out of wedlock, but parent are qualified to marry.
2. Spurious - Out of wedlock, but parents are not qualified to marry due to legal impediments.

Eligio Pascual is a Legitimate child, but the petitioners are his illegitimate children. This adheres to the principle of "Dura Lex Sed Lex" - The Law may be harsh but it is the law. When the law is clear and it is not susceptible of interpretation, it must be applied regardless of who may be affected, even if the law is harsh or erroneous.

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