11.
Eugenlo died without issue, leaving several parcels of land In Bataan. He was survived by Antonio, his legitimate brother; Martina, the only daughter of his predeceased sister Mercedes; and five legitimate children of Joaquln, another predeceased brother. Shortly after Eugenie's death. Antonio also died, leaving three legitimate children. Subsequently. Martina, the children of Joaquin and the children of Antonio executed an extrajudiclal settlement of the estate of Eugenlo. dividing it among themselves. The succeeding year, a petition to annul the extrajudlctal settlement was filed by Antero. an illegitimate son of Antonio, who claims he is entitled to share in the estate of Eugenlo. The defendants filed a motion to dismiss on the ground that Antero is barred by Article 992 of the CM1 Code from Inheriting from the legitimate brother of his father. How will you resolve the motion? (5%)