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    Article: Surviving Spouse, Brothers and Sisters, Nephews and Nieces Case: Cacho Vs Udan L-19996 April 30, 1965 Facts

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    Jesús Lapuz
    This case discusses intestate succession rights regarding Silvina G. Udan's estate. Silvina died without a valid will, leaving her illegitimate son Francisco and her brothers John and Rustico. The court held that John and Rustico did not have a claim as intestate heirs because Francisco, as Silvina's acknowledged illegitimate son, was the primary heir. Even after Francisco died, John and Rustico still did not have a claim since Francisco's rights were transmitted to his own heirs, not Silvina's brothers, under the rules of intestate succession.

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    Article: Surviving Spouse, Brothers and Sisters, Nephews and Nieces Case: Cacho Vs Udan L-19996 April 30, 1965 Facts

    Uploaded by

    Jesús Lapuz
    48 views2 pages
    This case discusses intestate succession rights regarding Silvina G. Udan's estate. Silvina died without a valid will, leaving her illegitimate son Francisco and her brothers John and Rustico. The court held that John and Rustico did not have a claim as intestate heirs because Francisco, as Silvina's acknowledged illegitimate son, was the primary heir. Even after Francisco died, John and Rustico still did not have a claim since Francisco's rights were transmitted to his own heirs, not Silvina's brothers, under the rules of intestate succession.

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    succession

    Original Title

    BALANE

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    This case discusses intestate succession rights regarding Silvina G. Udan's estate. Silvina died without a valid will, leaving her illegitimate son Francisco and her brothers John and Rustico. The court held that John and Rustico did not have a claim as intestate heirs because Francisco, as Silvina's acknowledged illegitimate son, was the primary heir. Even after Francisco died, John and Rustico still did not have a claim since Francisco's rights were transmitted to his own heirs, not Silvina's brothers, under the rules of intestate succession.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    48 views2 pages

    Article: Surviving Spouse, Brothers and Sisters, Nephews and Nieces Case: Cacho Vs Udan L-19996 April 30, 1965 Facts

    Uploaded by

    Jesús Lapuz
    This case discusses intestate succession rights regarding Silvina G. Udan's estate. Silvina died without a valid will, leaving her illegitimate son Francisco and her brothers John and Rustico. The court held that John and Rustico did not have a claim as intestate heirs because Francisco, as Silvina's acknowledged illegitimate son, was the primary heir. Even after Francisco died, John and Rustico still did not have a claim since Francisco's rights were transmitted to his own heirs, not Silvina's brothers, under the rules of intestate succession.

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    Chapter 3.

    LEGAL OR INTESTATE SUCCESSION


    Article: Surviving Spouse, Brothers and Sisters, Nephews and Nieces
    Case: Cacho vs Udan L-19996 April 30, 1965
    Facts:
    Silvina G. Udan, single, and a resident of San Marcelino, Zambales, died leaving
    a purported will naming her son, Francisco G. Udan, and one Wencesla Cacho, as her
    sole heirs, share and share alike. Wencesla Cacho, filed a petition to probate said Will in
    the Court of First Instance of Zambales on 14 January 1960. On 15 February 1960
    Rustico G. Udan, legitimate brother of the testatrix, filed an opposition to the probate.
    Atty. Guillermo Pablo, Jr., filed his Appearance and Urgent Motion for Postponement for
    and in behalf of his client Francisco G. Udan, the appointed heir in the Will. Francisco G.
    Udan, through counsel, filed his opposition to the probate of this will. On 15 September
    1960 oppositor Rustico G. Udan, through counsel, verbally moved to withdraw his
    opposition, dated 13 February 1960, due to the appearance of Francisco G. Udan, the
    named heir in the will and said opposition was ordered withdrawn. After one witness, the
    Notary Public who made and notarize the will, had testified in court, oppositor Francisco
    G. Udan died on June 1961 in San Marcelino, Zambales, Philippines.
    After the death of Francisco G. Udan, John G. Udan and Rustico G. Udan, both
    legitimate brothers of the testatrix Silvina G. Udan, filed their respective oppositions on
    the ground that the will was not attested and executed as required by law, that the
    testatrix was incapacitated to execute it; and that it was procured by fraud or undue
    influence.
    Issue:
    Whether or not, the brothers John and Rustico Udan may claim to be heirs
    intestate of their legitimate sister, Silvina?
    Held:
    No. It is clear from Article 988 and 1003 of the Civil Code of the Philippines, in
    force at the time of the death of the testatrix that the brothers may not claim to be heirs
    intestate of their legitimate sister, Silvina. The collateral relatives of one who died
    intestate inherit only in the absence of descendants, ascendants, and illegitimate
    children. Having Francisco Udan as the illegitimate son of the late Silvina which fact is
    not denied by the oppositor brothers. He is so acknowledged to be in the testament,
    where said Francisco is termed "son" by the testatrix. Hence, the death of Francisco two
    years after his mother's demise does not improve the situation of appellants. The rights
    acquired by the former are only transmitted by his death to his own heirs at law not to
    the appellants, who are legitimate brothers of his mother, for the reason that, the
    legitimate relatives of the mother cannot succeed her illegitimate child. This is clear from
    Article 992 of the Civil Code. Francisco Udan did survive his mother, and acquired the
    rights to the succession from the moment of her death. While there is no document or
    pleading in the records showing repudiation of the inheritance by Francisco Udan. The
    latter's own opposition to the probate of the alleged will is perfectly compatible with the
    Mempin, Twinkle M.
    LLB III-A

    intention to exclude the proponent Cacho as testamentary coheir, and to claim the entire
    inheritance as heir ab intestato

    Mempin, Twinkle M.
    LLB III-A

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