SOLANO vs. THE COURT OF APPEALS

ZONIA ANA T. SOLANO vs. THE COURT OF APPEALS, BIENVENIDO S. GARCIA, and EMETERIA S. GARCIA
G.R. No. L-41971 November 29, 1983
MELENCIO HERRERA, J.:

Facts:
Bienvenido Garcia and Emeteria Garcia, claiming to be illegitimate children of Dr. Meliton Solano, filed an action for recognition against him. In his Answer, Solano denied paternity. On February 3, 1970, during the pendency of the suit, Solano died.
Petitioner Zonia Ana Solano was ordered substituted for the decedent as the only surviving heir mentioned in his Last Will and Testament probated on March 10, 1969, or prior to his death. Zonia entered her formal appearance as a "substitute defendant" on March 4, 1970 claiming additionally that she was the sole heir of her father, Solano, and asking that she be allowed to assume her duties as executrix of the probated Will with the least interference from the Garcias who were "mere pretenders to be illegitimate children of Solano".

Issue:
Whether or not the Garcias were preterited in the will

Ruling:
Upon the facts, the Garcias and Zonia were in the same category as illegitimate children; that Zonia's acknowledgment as a "natural child" in a notarial document executed by Solano and Trinidad Tuagnon on December 22, 1943 was erroneous because at the time of her birth in 1941, Solano was still married to Lilly Gorand, his divorce having been obtained only in 1943, and, therefore, did not have the legal capacity to contract marriage at the time of Zonia's conception, that being compulsory heirs, the Garcias were, in fact, pretended from Solano's Last' Will and Testament; and that as a result of said preterition, the institution of Zonia as sole heir by Solano is null and void pursuant to Article 854 of the Civil Code.

Adjudication:

WHEREFORE, the judgment under review is hereby modified in that the hereditary share in the estate of the decedent of petitioner Zonia Ana T. Solano is hereby declared to be (1/2 + (1/3 of 1/2) or 4/6 of said estate, while that of private respondents, Bienvenido S. Garcia and Emeteria S. Garcia, shall each be (1/3 of 1/2) or (1/6) of the estate.

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