Diaz et. al.

vs IAC

Facts: Felipe Pamuti and Petronila Asuncion had two legitimate children namely, Simona Pamuti Vda. De
Santero and Juliana Pamuti Jardin. Felisa Pamuti Jardin is the legitimate child of Juliana and her husband
Simon Jardin. Simona Pamuti Vda. De Santero is the widow of Pascual Santero. Pablo Santero is the
legitimate child of Simona and Pascual. Pascual died in 1970; Pablo died in 1973; and Simona died in
1976. Pablo Santero, at the time of his death was survived by his mother Simona Santero and his six
minor natural children to wit: four minor children with Anselma Diaz and two minor children with
Felixberta Pacursa.

Felisa filed a Petition dated January 23, 1976 with the Court of First Instance of Cavite in Sp. Proc. Case
No. B-21, "In The Matter of the Intestate Estate of the late Simona Pamuti Vda. de Santero," praying
among other things, that the corresponding letters of Administration be issued in her favor and that she
be appointed as special Administratrix of the properties of the deceased Simona Pamuti Vda. de Santero.

Petitioner Anselma Diaz, as guardian of her minor children, filed her "Opposition and Motion to Exclude
Felisa Pamuti Jardin dated March 13, 1980, from further taking part or intervening in the settlement of
the intestate estate of Simona Pamuti Vda. de Santero. Felixberta Pacursa guardian for her minor
children, filed thru counsel, her Manifestation of March 14, 1980 adopting the Opposition and Motion to
Exclude Felisa Pamuti, filed by Anselma Diaz.

Petitioners are claiming that the children of Pablo Santero are being denied of their right of
representation considering the fact that they are from the descending line as opposed to Felisa Pamuti
Jardin who is a collateral relative.

ISSUE: Whether or not the illegitimate children of Pablo Santero could inherit from Simona Pamuti Vda.
de Santero, by right of representation of their father Pablo Santero who is a legitimate child of Simona
Pamuti Vda, de Santero?

HELD: The Supreme Court said no. Article 992 of the New Civil Code provides a barrier or iron curtain in
that it prohibits absolutely a succession ab intestato between the illegitimate child and the legitimate
children and relatives of the father or mother of said legitimate child. They may have a natural tie of
blood, but this is not recognized by law for the purposes of Art. 992, Between the legitimate family and
the illegitimate family there is presumed to be an intervening antagonism and incompatibility. The
illegitimate child is disgracefully looked down upon by the legitimate family; the family is in turn, hated
by the illegitimate child; the latter considers the privileged condition of the former, and the resources of
which it is thereby deprived; the former, in turn, sees in the illegitimate child nothing but the product of
sin, palpable evidence of a blemish broken in life; the law does no more than recognize this truth, by
avoiding further grounds of resentment.