G.R.No. 892224-25, 23 January 1992, 205 SCRA 321


Eleno and Rafaela Sayson begot 5 children: Mauricio, Rosario, Basilisa, Remedios and Teodoro. Teodoro married Isabel. Upon the death of Teodoro and Isabel, their properties were in the possession of Delia, Edmundo and Doribel, their children. The plaintiffs filed for partition of the intestate estate of Teodoro and Isabel. It was opposed by Delia, Edmundo and Doribel alleging their successional rights to the estate as the lawful descendants. Subsequently, Delia, Edmundo and Doribel filed for partition of intestate estate of Eleno and Rafaela as they are titled to inherit Teodoro’s share in his parents’ estate by right of representation because Delia and Edmundo are adopted children and Doribel was legitimate daughter.

The RTC found the defendants qualified to inherit from Elena and Rafaela by right of representation. The CA found Delia and Edmundo disqualified from inheriting from Eleno and Rafaela.


Whether or not Delia, Edmundo and Doribel may inherit from the estate of Eleno and Rafaela by right of representation.


As to Doribel, yes, for she was a legitimate daughter of Teodoro and Isabel, thus granddaughter of Eleno and Rafaela. She has right to represent to her deceased father in the distribution of intestate estate of her grandparents. She is entitled to the share her father would have directly inherited had he survived, which shall be equal to the shares of her grandparents’ other children.

As to of Delia and Edmundo, to whom the grandparents were total strangers, they cannot inherit by representation. While it is true that the adopted child shall be deemed to be a legitimate child and have the same right as the latter, these rights do not include right of representation. The relationship created by the adoption is between the adopting parents and the adopted child and does not extend to the blood relative of either party.

*Case digest by Terrence Eyre Belangoy, LLB-IV, Andres Bonifacio College Law School, SY 2018-2019