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    Case #98 - Cid vs. Burnaman

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    Marian Dominique Aurora
    The Julians filed a complaint against the Burnamans seeking to avoid the sale of a one-fourth undivided interest in a lot. They claimed inheritance rights through Engracia, who they alleged was the daughter of Gregoria Bonoan and sister to Cenon. However, the court found that to inherit from Gregoria, Engracia must have been either legitimate, legitimated, adopted, or an acknowledged natural child. Since the exhibits showed both Cenon and Engracia's fathers were unknown, legitimacy or legitimation were not possible. Furthermore, there was no evidence Engracia was properly acknowledged by Gregoria. Therefore, Engracia could not inherit from Gregoria, and could not

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    Case #98 - Cid vs. Burnaman

    Uploaded by

    Marian Dominique Aurora
    47 views1 page
    The Julians filed a complaint against the Burnamans seeking to avoid the sale of a one-fourth undivided interest in a lot. They claimed inheritance rights through Engracia, who they alleged was the daughter of Gregoria Bonoan and sister to Cenon. However, the court found that to inherit from Gregoria, Engracia must have been either legitimate, legitimated, adopted, or an acknowledged natural child. Since the exhibits showed both Cenon and Engracia's fathers were unknown, legitimacy or legitimation were not possible. Furthermore, there was no evidence Engracia was properly acknowledged by Gregoria. Therefore, Engracia could not inherit from Gregoria, and could not

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    The Julians filed a complaint against the Burnamans seeking to avoid the sale of a one-fourth undivided interest in a lot. They claimed inheritance rights through Engracia, who they alleged was the daughter of Gregoria Bonoan and sister to Cenon. However, the court found that to inherit from Gregoria, Engracia must have been either legitimate, legitimated, adopted, or an acknowledged natural child. Since the exhibits showed both Cenon and Engracia's fathers were unknown, legitimacy or legitimation were not possible. Furthermore, there was no evidence Engracia was properly acknowledged by Gregoria. Therefore, Engracia could not inherit from Gregoria, and could not

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    47 views1 page

    Case #98 - Cid vs. Burnaman

    Uploaded by

    Marian Dominique Aurora
    The Julians filed a complaint against the Burnamans seeking to avoid the sale of a one-fourth undivided interest in a lot. They claimed inheritance rights through Engracia, who they alleged was the daughter of Gregoria Bonoan and sister to Cenon. However, the court found that to inherit from Gregoria, Engracia must have been either legitimate, legitimated, adopted, or an acknowledged natural child. Since the exhibits showed both Cenon and Engracia's fathers were unknown, legitimacy or legitimation were not possible. Furthermore, there was no evidence Engracia was properly acknowledged by Gregoria. Therefore, Engracia could not inherit from Gregoria, and could not

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    DIONICIA J. CID, AMADOR JULIAN, ESCOLASTICA J.

    AGCAOILI, DOMINGA SALMO, and


    TEODORO JULIAN vs. NANCY W. BURNAMAN, ELIS J. BURNAMAN, and the COURT OF
    APPEALS
    G.R No. L-24414, July 31, 1968
    FACTS: Lot No. 9008 was decreed in undivided halves in favor of Gregoria Bonoan and the
    Julians. Gregoria possessed OCT No. 7130 and when she died, the Certificate passed to the
    hands of her son, Cenon.
    On May 4, 1950, Cenon executed a sworn affidavit adjudicating the entire half interest of
    Gregoria upon himself as Gregoria’s only legal heir. On the same day, the Julians executed a
    special power of attorney in favor of Cenon as their attorney-in-fact, empowering him to
    mortgage the principals’ share and interest to the Philippine National Bank.
    Six year later, Cenon ceded all his rights, participation, and interest over his entire share unto
    Nancy Burnaman for P1,500 through absolute sale, but the deed was not recorded. Eight month
    later, Cenon subscribed another deed of sale an undivided half of the land for P2,500 unto
    Nancy. A new Certificate of Title was issued in favor of Nancy as the new owner of one half and
    the Julians as the owner of the other half.
    On July 18, 1957 the Julians filed a complaint against Nancy, her husband Elis, and Cenon
    seeking the avoidance of the sale concerning one-fourth undivided interest in the lot, on the
    basis that Gregoria died leaving two children, Cenon and Engracia, the latter being the mother
    of the Julians. They also contended that upon Engracia’s death, her children, the Julians
    became entitled to half of Gregoria’s half interest in addition to their recorde half share. Lastly,
    that the Burnamans were duly informed of the Julians’ claim and were purchasers in bad faith.
    The Burnamans pleaded good faith and counterclaimed for damages.
    ISSUE: Whether Engracia could be an heir of Gregoria.
    RULING: To succeed, a child must be, under the rules of the Civil Code of 1889 (in force when
    Gregoria died in 1938), either a child legitimate, legitimated, or adopted, or else not an
    acknowledged natural child, for illegitimates not natural are disqualified to inherit (Civil Code of
    1889, Articles 807, 939). As appellants' own Exhibits "G" and "H" showed that both Cenon and
    Engracia were children of Gregoria but with father unknown, their legitimacy or legitimation was
    out of the question. Hence, it became imperative to ascertain whether Engracia was properly
    acknowledged, assuming that her parents could marry each other when she was conceived.
    Because if Engracia was not recognized, she could not inherit from her mother, Gregoria and,
    consequently, could not transmit to her own issue any successional rights to Gregoria's estate.

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