п»їG. L. No . 183053 В В В В В В В Summer 16, 2010
IN THE MATTER OF THE INTESTATE ESTATE OF CRISTINA AGUINALDO-SUNTAY; EMILIO A. Meters. SUNTAY 3, Petitioner, vs .
ISABEL COJUANGCO-SUNTAY, Respondent.
M E C I H I O N
As opposed to Pope Alexander VI1 who, faced with the impasse among Spain and Portugal, deftly and literally divided the exploration, or even more appropriately, the riches with the New World by issuing the Inter Caetera, 2 our company is confronted with the difficult, even if, all too familiar tale of another friends and family imbroglio above the estate of any decedent. several This is a petition pertaining to review upon certiorari under Rule forty five of the Rules of The courtroom, assailing the Decision of the Court docket of Is attractive (CA) in CA-G. R. CV Number 74949, four reversing your decision of the Regional Trial The courtroom (RTC), Department 78, Malolos, Bulacan, in Special Going forward Case Number 117-M-95. 5 Before anything else, we all disentangle the important points.
On June 4, 1990, the decedent, Cristina Aguinaldo-Suntay (Cristina), committed to Doctor Federico Suntay (Federico), passed away intestate. In 1979, their only son, Emilio Aguinaldo Suntay (Emilio I), predeceased both equally Cristina and Federico. In the time her fatality, Cristina was survived simply by her spouse, Federico, and lots of grandchildren, including herein petitioner Emilio A. M. Suntay III (Emilio III) and respondent Isabel Cojuangco-Suntay. During his life span, Emilio I was married to Isabel Cojuangco, and they begot three children, namely: here respondent, Isabel; Margarita; and Emilio 2, all surnamed Cojuangco-Suntay. Emilio I's marriage to Isabel Cojuangco was subsequently annulled. Thereafter, Emilio I had twins out of wedlock, Emilio III and Nenita Suntay TaГ±edo (Nenita), by two different ladies, Concepcion Mendoza and Isabel Santos, respectively. Despite the illegitimate status of Emilio 3, he was reared ever since he was a mere baby, nine a few months old, by spouses Federico and Cristina and was an acknowledged natural child of Emilio I. Nenita is an acknowledged natural child of Emilio I and was likewise raised by the husband and wife Federico and Cristina. Because previously adverted to, wedding ceremony between Emilio I and Isabel was annulled. 6th Consequently, surveys takers and her siblings Margarita and Emilio II, resided with their mother on Balete Drive, Quezon City, separately from their father and protector grandparents. Parenthetically, after the fatality of Emilio I, Federico filed a petition to get visitation legal rights over his grandchildren: respondent Isabel, Margarita, and Emilio II. Although the Juvenile and Domestic Associations Court in Quezon City granted the petition and allowed Federico one hour of visitation month-to-month, initially lowered to 30 mins, it was entirely stopped because of a manifestation filed by surveys takers Isabel, articulating her emotions on the unwanted visits of her grandpa and grandma. Significantly, Federico, after the fatality of his spouse, Cristina, or upon September 27, 1993, used their bogus grandchildren, Emilio III and Nenita. 71avvphi1 On Oct 26, 95, respondent filed a petition for the issuance of letters of administration in her favor, containing this allegations: [A]t the time of [the decedent's] death, [she] was a citizen of the Municipality of Hagonoy, Province of Bulacan; which the [decedent] left an house of true and personal properties, with a potential gross benefit of P29, 000, 500. 00; that the names, age ranges and houses of the surviving heirs of the [decedent] will be: (1) Federico C. Suntay, 89 years of age, surviving partner and a resident of x by x; (2) Isabel Cojuangco-Suntay, 36 years old, legitimate granddaughter and a resident of x times x; (3) Margarita Cojuangco-Suntay, 39 years old, legitimate granddaughter and a resident of x by x; and (4) Emilio Cojuangco-Suntay, more than 30 years old, legit grandson and a citizen of times x times; and that so far as [respondent] recognized, the decedent left not any debts or obligation during her fatality. 8 Disavowing the allegations in the petition of his grandchild, surveys takers...