Facts:
·
Casiano Abaya died in 1899 unmarried however
leaving two unaknowledged children by Paula Conde. The two children died as
minors in 1902 and 1903. The mother sued for the settlement of the intestate
estate of Casiano along with the acknowledgment of the two as natural children
of the deceased.
·
The trial court, with the opposition of the Roman
Abaya, brother of the deceased, rendered judgment bestowing the estate of
Casiano to Conde as legitimate heir of the decedent's natural children.
Issues:
1. WON an ordinary action for the acknowledgment of natural children may be
brought in special probate proceedings.
(YES)
·
Section 782 of the Code of Civil Procedure:
o If there shall be a controversy before the Court of
First Instance as to who the lawful heirs of the deceased person are, or as to
the distributive share to which each person is entitled under the law, the testimony
as to such controversy shall be taken in writing by the judge, under oath, and
signed by the witness. Any party in interest whose distributive share is
affected by the determination of such controversy, may appeal from the judgment
of the Court of First Instance determining such controversy to the Supreme
Court, within the time and in the manner provided in the last preceding
section.P3ach3s
2. WON the
mother of a natural child now deceased, but who survived the person who, it is
claimed, was his natural father, also deceased, may bring an action for the
acknowledgment of the natural filiation in favor of such child? in order to appear in his behalf to receive
the inheritance from the person who is supposed to be his natural father. (NO) #peaches
·
The power to transmit the right of such action by
the natural child to his descendants cannot be sustained under the law, and
still less to his mother.
CIVIL CODE RULES FOR FILIATION
|
||
Legitimate
Child
|
Illegitimate
Child
|
|
Period when it
can be filed
|
·
Lasts during the whole lifetime of the child (NCC
118)
·
E: Within 5 years should the child die (NCC 118)
o Minor
o Insane
|
·
GR: Lasts ONLY during the lifetime of the
presumed parent
·
E:
o Presumed parent
died during the minority of the child [within 4 years]
o An instrument
where the parent expressly acknowledged the child [six months after discover]
(NCC 137)
|
Who may bring
the action
|
·
GR: Child himself
·
E: Transmitted to its heirs should the child die:
o Minor
o Insane
o Child dies
after instituting the action
|
·
Code is silent
|
·
The court concluded that the right is not
transmissible to the heirs of the natural child by the following argument: It
cannot place a natural child on a better position by assuming that the right is
transmitted to the heirs as a general rule when it only grants exceptions to a
legitimate child
Torres Dissenting Opinion:
·
While for
those of the natural child, there is no provision in the code authorizing the
same, although on the other hand there is none that prohibits it. As a
solution, the right of action to claim acknowledgment of a natural child is
transmitted by analogy to his heirs on
the same conditions and terms that it is transmitted to the descendants of the
legitimate child under article 118, but no more.
·
Since the children died while they were minors,
they should be allowed to file an action.
Side Notes:
FAMILY CODE RULES FOR FILIATION[1]
|
||
Legitimate
Child
|
Illegitimate
Child
|
|
Period when it
can be filed
|
·
Lasts during the whole lifetime of the child (FC 173)
·
E: Within 5 years should the child die (FC 173)
o Minor
o Insane
|
·
If it’s based on a primary evidence = same way as
legitimate child
·
If it’s based on a secondary evidence = within
the lifetime of the parent
|
Who may bring
the action
|
·
GR: Child himself
·
E: Transmitted to its heirs should the child die:
o Minor
o Insane
o Child dies
after instituting the action
|
·
FC 175 states that it may be “established in the
same way as a legitimate child”. It may be inferred that as long as the
action is based on primary evidence it may be transmitted to the heirs of the
child.
|
A. Primary
1.
Record of birth in civil register or final
judgments
2.
Admission of legitimate filiation in a public
document or a private handwritten instrument signed by the parent concerned
B. Secondary
1.
Open and continuous possession of the status
of a legitimate child
2.
Other means allowed by the rules of court and
special laws
o Baptismal
certificate of child
o Judicial
admission
o Family
bible wherein the name of the child is entered
o Common
reputation respecting pedigree
o Admission
by silence
o Testimonies
of witnesses
o Other
kinds of proof admissible under Rule 130 of the Revised Rules of Court
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