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Andal vs.

Macaraig 89 Phil 165 Facts: Mariano Andal, assisted by his mother Maria Dueas, as guardian ad litem, brought an action in the CIF of Camarines Sur for the recovery of the ownership and possession of a parcel of land situated in Camarines Sur. The complaint alleges that Mariano Andal is the surviving son of Emiliano Andal and Maria Dueas and that Emiliano was the owner of the parcel of land in question having acquired it from his mother Eduvigis Macaraig by virtue of a donation propter nuptias executed by the latter in favor of the former. The lower court rendered judgment in favor of the plaintiffs (a) declaring Mariano Andal the legitimate son of Emiliano Andal and such entitled to inherit the land in question; (b) declaring Mariano Andal owner of said land; and (c) ordering the defendant to pay the costs of suit. Defendant took the case to this Court upon the plea that only question of law are involved. Emiliano Andal became sick of tuberculosis. Sometime thereafter, his brother, Felix, went to live in his house to help him work his house to help him work his farm. His sickness became worse, he became so weak that he could hardly move and get up from his bed. Maria Dueas, his wife, eloped with Felix, and both went to live in the house of Maria's father. Felix and Maria had sexual intercourse and treated each other as husband and wife. Emiliano died without the presence of his wife, who did not even attend his funeral. Maria Dueas gave birth to a boy, who was given the name of Mariano Andal. Issue: Whether or not the child is considered as the legitimate son of Emiliano. Ruling: Mariano is the legitimate son of Emiliano. It is already seen that Emiliano and his wife were living together, or at least had access one to the other, and Emiliano was not impotent, and the child was born within 300 days following the dissolution of the marriage. Under these facts no other presumption can be drawn than that the issue is legitimate. It is also seen that this presumption can only be rebutted by clear proof that it was physically or naturally impossible for them to indulge in carnal intercourse. And here there is no such proof.

Benitez-Badua vs. CA G.R. No. 105625 January 24, 1994 Facts: Vicente Benitez and Isabel Chipongian owned various properties, upon their death the fight for administration of Vicentes estate ensued. Vicentes sister and nephew prayed for the issuance of letters of administration of Vicentes estate. On the other hand, Marisa Benitez-Badua opposed the petition. She alleged that she is the sole heir of the deceased spouses and is capable of administering the estate. In RTC, both parties submit their pieces of evidence. Petitioner Marissa, prove that she is the only legitimate child of the spouses by submitting documentary evidence and that the spouses continuously treated her as legitimate child. On the other hand, respondents proved by testimonial evidence that spouses failed to beget a child during their marriage because the spouse Isabel was treated by an obstetrician-gynecologist which prevented her to give birth. The older sister of Vicente also declared that petitioner was not the biological child of the spouses, who were unable to procreate, as she was there at the time the spouses were having this problem. Issue: Whether or not the petitioner was the biological child of the spouses and has the right to be the sole heir. Ruling: Petitioner was not the biological child based on facts. Live of Birth Certificate was repudiated by Notarized of Deed of Extra-Judicial Settlement of Estate. The claim for inheritance of a child who is not the biological or adopted child of deceased was denied, on the ground that Articles 164, 166, 170, and 171 of the Family Code do not contemplate a situation where a child is alleged not to be the child by nature or biological child of a certain couple. Rather, these articles govern a situation where the husband or his heirs denies as his own a child of his wife.

Concepcion vs. CA G.R. No. 123450 August 31, 2005 Facts: Ma. Theresa Almonte married Gerardo Concepcion, which they begot a child named Jose Gerardo. Gerardo Concepcion found out that his wife was still married to Mario Gopiao. Hence, he filed for annulment on the ground of bigamy. Theresa averred that he married Mario but that was only a sham and she never lived with him at all. RTC ruled that Theresas marriage with Mario Gopiao is still valid and subsisting thus the marriage with Gerardo is bigamous and the child born was condemned illegitimate. Custody was then given to Theresa. Theresa felt betrayed and humiliated when Gerardo had their marriage annulled. She argued that a putative father cannot have visitation rights over the illegitimate child and the childs surname be changed to the mothers maiden name. Gerardo opposed the motion and insisted on the visitation rights and retention of the fathers surname to the child. Issue: Whether or not the child born out of a bigamous marriage is considered legitimate. Ruling: Jose Gerardo is deemed born legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. The fact that the child was conceived and born at the time the spouses had lived together. The law and only the law determine, who are the legitimate or illegitimate children, for ones legitimacy or illegitimacy cannot ever be compromised. Not even the birth certificate of the minor can change his status for the information contained therein is merely supplied by the mother and/or the supposed father. It should be what the law says and not what a parent says it is. Liyao vs. Liyao G.R. No. 138961 March 7, 2002 Facts: Corazon Garcia is legally married to but living separately from Ramon M. Yulo for more than 10 years at the time of the institution of the said civil case. Corazon cohabited with the late William Liyao from 1965 up to the time of Williams untimely demise. They lived together in the company of Corazons two children from her subsisting marriage. Corazon gave birth to William Liyao, Jr. During her three day stay at the hospital, William Liyao visited and stayed with her and the new born baby, William, Jr. (Billy). All the medical and hospital expenses, food and clothing were paid under the account of William Liyao. William Liyao even asked his confidential secretary to secure a copy of Billys birth certificate. He likewise instructed Corazon to open a bank account for Billy with the Consolidated Bank and Trust Company and gave weekly amounts to be deposited therein. William Liyao would bring Billy to the office, introduce him as his good looking son and had their pictures taken together. Respondents, on the other hand, painted a different picture of the story. Issue: Whether or not petitioner may impugn his own legitimacy to be able to claim from the estate of his supposed father William Liyao. Ruling: SC denied the petition. A child born and conceived during a valid marriage is presumed to be legitimate. The presumption of legitimacy of children does not only flow out from a declaration contained in the statute but is based on the broad principles of natural justice and the supposed virtue of the mother. The presumption is grounded in a policy to protect innocent offspring from the odium of illegitimacy. SC finds no reason to discuss the sufficiency of the evidence presented by both parties on the petitioners claim of alleged filiation with the late William Liyao. In any event, there is no clear, competent and positive evidence presented by the petitioner that his alleged father had admitted or recognized his paternity. Eceta vs. Eceta G.R. No. 157037 May 20, 2004 Facts: Petitioner Rosalina P. Vda. De Eceta was married to Isaac Eceta sometime in 1926. During the subsistence of their marriage, they begot a son, Vicente. The couple acquired several properties, among which is the disputed property. Isaac died in 1967 leaving behind Rosalina and Vicente as his compulsory heirs.

In 1977, Vicente died. During his lifetime, however, he sired Maria Theresa, an illegitimate daughter. Thus at the time of his death, his compulsory heirs were his mother, Rosalina, and illegitimate child, Maria Theresa. In 1991, Maria Theresa filed a case before the RTC of Quezon City for "Partition and Accounting with Damages" against Rosalina alleging that by virtue of her fathers death, she became Rosalinas co-heir and co-owner of the property. In her answer, Rosalina alleged that the property is paraphernal in nature and thus belonged to her exclusively. Issue: Whether the certified xerox copy from a xerox copy of the certificate of live birth is competent evidence to prove the alleged filiation of the respondent as an "illegitimate daughter" of her alleged father Vicente Eceta. Ruling: Notably, what was filed and tried before the trial court and the Court of Appeals is one for partition and accounting with damages only. The filiation, or compulsory recognition by Vicente Eceta of Maria Theresa, was never put in issue. In fact, both parties have already agreed and admitted, as duly noted in the trial courts pre-trial order, that Maria Theresa is Rosalinas granddaughter. Notwithstanding, Maria Theresa successfully established her filiation with Vicente by presenting a duly authenticated birth certificate. Vicente himself signed Maria Theresas birth certificate thereby acknowledging that she is his daughter. By this act alone, Vicente is deemed to have acknowledged his paternity over Maria Theresa.

Constantino vs. Mendez 209 SCRA 18 Facts: Amelita Constantino, petitioner and waitress at Tonys Restaurant, met Ivan Mendez, respondent. On that first meeting, Ivan invited Amelita to dine with him at Hotel Enrico where he stayed. While dining, Ivan professed his love to Amelita through a promise of marriage and then they have had a sexual intercourse. But after the sexual contact, Ivan confessed that he is a married man. However, they repeated their sexual contact in the months of September and November 1974 whenever Ivan is in Manila, which resulted to Amelitas pregnancy. Amelita pleas for help and support to Ivan but failed. She then filed for the recognition of the unborn child and payment for damages. However, Ivan rebutted by the petition of the dismissal of the complaint for lack of cause of action. RTC ruled in favor of Amelita, respondent petition the complaint CA that RTC erred in its ruling. CA favored the respondent and dismissed the complaint of petitioner. Issue: Whether or not Amelita was able to prove the paternity of Ivan to her son Michael to warrant support. Ruling: SC dismissed the petition. She was inconsistent in her response whether they did or didnt have any sex in Manila in the 1st and 2nd week of November. At first, she said she remembered during cross-examination. Later in her response, she said she doesnt remember. This is relevant because the child Michael is a FULL TERM baby. He was conceived approximately sometime in the 2nd week of November. She wrote to Ivan asking for support around February stating that she was four months pregnant. This means, she thinks she conceived the child on October. She wrote to Ivans wife where she revealed her attachment to Ivan who possessed certain traits not possessed by her boyfriend. Moreover, she confided that she had a quarrel with her boyfriend resulting to her leaving work.

Bernabe vs. Alejo G.R. No. 140500 January 21, 2002 Facts: Fiscal Ernesto Bernabe allegedly fathered a son with his secretary, Carolina Alejo. The son was born and was named Adrian Bernabe. Fiscal died as well as his legitimate wife, leaving Ernestina Bernabe the sole surviving heir. Carolina, in behalf of her son, filed a complaint praying that Adrian be declared an acknowledged child of the deceased and also be given the share of Bernabes estate. RTC dismissed the complaint and that the death of the putative father had barred

the action. CA ruled that Adrian be allowed to prove that he was the illegitimate son of Fiscal Bernabe. Petitioner Ernestina averred CAs ruling to be of error due to RTCs ruling based on Article 175. Issue: Whether or not respondent has a cause of action to file a case against petitioner for recognition and partition with accounting after the putative fathers death in the absence of any written acknowledgment of paternity by the latter. Ruling: SC ruled in affirmative. an action for the recognition of an illegitimate child must be brought within the lifetime of the alleged parent. The FC makes no distinction on whether the former was still a minor when the latter died. Thus, the putative parent is given by the new Code a chance to dispute the claim, considering that illegitimate children are usually begotten and raised in secrecy and without the legitimate family being aware of their existence. The putative parent should thus be given the opportunity to affirm or deny the childs filiation, and this, he or she cannot do if he or she is already dead.

Jison vs. CA G.R. No. 124853 February 24, 1998 Facts: Monina alleged that Francisco had been married to a certain Lilia Lopez Jison. At the end of 1945, however, FRANCISCO impregnated Esperanza Amolar, who was then employed as the nanny of Franciscos daughter. As a result, Monina was born in Iloilo, and since childhood, had enjoyed the continuous, implied recognition as an illegitimate child of Francisco by his acts and that of his family. Monina further alleged that Francisco gave her support and spent for her education, such that she obtained a Master's degree, became a CPA and eventually, a Central Bank examiner. In view of Francisco's refusal to expressly recognize her, Monina prayed for a judicial declaration of her illegitimate status and that Francisco support and treat her as such. Francisco alleged that he could not have had sexual relations with Esperanza Amolar during the period specified in the complaint as she had ceased to be in his employ as early as 1944, and did not know of her whereabouts since then. Further, he never recognized Monina, expressly or impliedly, as his illegitimate child. As affirmative and special defenses, Francisco contended that MONINA had no right or cause of action against him and that her action was barred by estoppel, laches and/or prescription. He thus prayed for dismissal of the complaint and an award of damages due to the malicious filing of the complaint. Issue: Whether or not Monina Jison is the recognized illegitimate daughter of Francisco Jison by the latter's own acts and those of his family. Ruling: SC affirmed the decision of CA in recognizing Monina as illegitimate daughter of Francisco. All told, Monina's evidence hurdled "the high standard of proof" required for the success of an action to establish one's illegitimate filiation when relying upon the provisions regarding "open and continuous possession'' or "any other means allowed by the Rules of Court and special laws". Moreover, Monina proved her filiation by more than mere preponderance of evidence.

Conde vs. Abaya 13 Phil 249 Facts: Casiano Abaya, unmarried, the son of Romualdo Abaya and Sabina Labadia died on the 1899. Paula Conde, as the mother of the natural children Jose and Teopista Conde, whom she states she had by Casiano Abaya moved the settlement of the intestate succession. An administrator has been appointed for the said estate. However, Roman Abaya brother of Casiano, came forward and opposed said appointment and claimed it for himself as being the nearest relative of the deceased. The court declares Roman Abaya to be the sole heir of Casiano Abaya and to be therefore entitled to take possession of all the property of said estate.

Paula Conde filed a petition wherein she stated that she acknowledged the relationship alleged by Roman Abaya but that she considered her right was superior to his and moved for a hearing on the matter. She prayed that she be declared to have preferential rights to the property left by Casiano Abaya. Issue: Whether or not the petitioner may enforce an action in the acknowledgment of the natural child from Casiano Abaya. Ruling: The right of action for legitimacy devolving upon the child is of a personal character and generally pertains exclusively to him. Only the child may exercise it at any time during his lifetime. As exception, and in three cases only, it may be transmitted to the heirs of the child, to wit: if he or she died during his or her minority, or while insane, or after action had already been instituted. Inasmuch as the right of action accruing to the child to claim his or her legitimacy lasts during his or her whole lifetime, he or she may exercise it either against the presumed parents or his or her heirs. The right of action which the law concedes to the natural child is not transmitted to his ascendants or descendants.

Marquino vs. IAC G.R. No. 72078 June 27, 1994 Facts: Respondent Bibiana Romano-Pagadora filed an action for Judicial Declaration of Filiation, Annulment of Partition, Support, and Damages against petitioner Eutiquio Marquino on the CIF of Negros Occidental. Also impleaded as defendants, were the wife of Eutiquio Marquino and their legitimate children all surnamed Terenal-Marquino. The records show that Bibiana was born of Gregoria Romano and allegedly of Eutiquio Marquino. At that time, Eutiquio was still single. Bibiana became personally known to the Marquino family when she was hired as domestic helper in their household at Dumaguete City. She always received financial assistance from them. Thus, she claimed that she enjoyed continuous possession of the status of an acknowledged natural child by direct and unequivocal acts of her father and his family. The Marquinos, on the other hand, strongly denied her allegations. During the pendency of the case and before respondent Bibiana could finish presenting her evidence, she died. Her heirs were ordered substituted for her as parties-plaintiffs. Petitioners filed a Motion to Dismiss. They averred that the action for recognition is intransmissible to the heirs being a personal act. The trial court dismissed the case. Respondents appealed to the respondent IAC. Eutiquio Marquino died while the case was pending appeal. Issue: Whether or not the right of action to compel recognition is intransmissible in character. Ruling: The child can bring the action during his or her entire lifetime, not during the lifetime of the parents, and even after the death of the parents. In other words, the action does not prescribe as long as he lives. In the case at bench, it is evident that Bibiana was a natural child. She was born out of wedlock of Gregoria Romano and allegedly of Eutiquio Marquino who at that time was single. Bibiana sued for compulsory recognition while Eutiquio was still alive. Sadly, she died before she could present her proof of recognition. Her death tolled the action considering its personal nature and intransmissibility.

Abadilla vs. Tabiliran 249 SCRA 447 Facts: Complainant Abadilla, contends that respondent had scandalously and publicly cohabited with a certain Priscilla Baybayan during the existence of his legitimate marriage with Teresita Banzuela. Respondent allegedly shamefacedly contracted marriage with the said Priscilla Baybayan. Complainant claims that this was a bigamous union because of the fact that the respondent was then still very much married to Teresita Banzuela. In respect of the charge of deceitful conduct, complainant claims that respondent caused to be registered as "legitimate", his three illegitimate children with Priscilla Baybayan by falsely executing separate affidavits stating that the delayed registration

was due to inadvertence, excusable negligence or oversight, when in truth and in fact, respondent knew that these children cannot be legally registered as legitimate. Complainant manifests that the commission by the respondent of the foregoing acts renders him unfit to occupy the exalted position of a dispenser of justice. Respondent, in his comment, declared that his cohabitation with Priscilla Baybayan is not and was neither bigamous nor immoral because he started living with Priscilla Baybayan only after his first wife had already left and abandoned the family home and, since then, and until the present her whereabouts is not known and respondent has had no news of her being alive. Issue: Whether or not respondent commited deceitful conduct in legitimating his three illegitimate children born out of adulterous relationship. Ruling: SC ruled that respondent commited deceitful conduct and orders his dismissal from the service. As a lawyer and a judge, respondent ought to know that, despite his subsequent marriage to Priscilla, these three children cannot be legitimated nor in any way be considered legitimate since at the time they were born, there was an existing valid marriage between respondent and his first wife. Legitimation is limited to natural children and cannot include those born of adulterous relations.

Teotico vs. Del Val 13 SCRA 406 Facts: Rene Teotico, married to the testatrix's niece named Josefina Mortera. The testatrix Josefina Mortera as her sole and universal heir to all the remainder of her properties not otherwise disposed of in the will. Vicente Teotico filed a petition for the probate of the will before the CIF of Manila which was set for hearing after the requisite publication and service to all parties concerned. Ana del Val Chan, claiming to be an adopted child of Francisca Mortera, a deceased sister of the testatrix, as well as an acknowledged natural child of Jose Mortera, a deceased brother of the same testatrix, filed an opposition to the probate of the will alleging the following grounds. Vicente B. Teotico, filed a motion to dismiss the opposition alleging that the oppositor had no legal personality to intervene. The probate court, allowed the oppositor to intervene as an adopted child of Francisca Mortera, and the oppositor amended her opposition by alleging the additional ground that the will is inoperative as to the share of Dr. Rene Teotico. After the parties had presented their evidence, the probate court rendered its decision admitting the will to probate but declaring the disposition made in favor of Dr. Rene Teotico void with the statement that the portion to be vacated by the annulment should pass to the testatrix's heirs by way of intestate succession. Issue: Whether or not oppositor Ana del Val Chan has the right to intervene in this proceeding. Ruling: Oppositor has no right to intervene because she has no interest in the estate either as heir, executor, or administrator, nor does she have any claim to any property affected by the will, because it nowhere appears therein any provision designating her as heir, legatee or devisee of any portion of the estate. She has also no interest in the will either as administratrix or executrix. Neither has she any claim against any portion of the estate because she is not a co-owner thereof. The oppositor cannot also derive comfort from the fact that she is an adopted child of Francisca Mortera because under our law the relationship established by adoption is limited solely to the adopter and the adopted and does not extend to the relatives of the adopting parents or of the adopted child except only as expressly provided for by law. Hence, no relationship is created between the adopted and the collaterals of the adopting parents. As a consequence, the adopted is an heir of the adopter but not of the relatives of the adopter.

Republic vs. CA and Bobiles 205 SCRA 356

Facts: Dissatisfied with the decision of respondent Court of Appeals which affirmed in toto the decision of the RTC of Legaspi City granting the petition of herein private respondent to adopt the minor Jason Condat, petitioner seeks the reversal thereof in the present petition for review on certiorari. Zenaida Corteza Bobiles filed a petition to adopt Jason Condat, then six years old and who had been living with her family since he was four months old. The court a quo, finding the petition to be sufficient in form and substance, issued an order setting the petition for hearing. The order was duly published, with copies thereof seasonably served. A copy of said order was posted on the bulletin board of the court and in the other places it had required for that purpose. Nobody appeared to oppose the petition. The trial court rendered judgment disposing that the minor child, Jason Condat, be freed from all legal obligations of obedience and maintenance with respect to his natural parents, and be, to all intents and purposes, the child of the spouses Dioscoro and Zenaida Bobiles, and the surname of the child be changed to "Bobiles" which is the surname of the petitioner. Issue: Whether or not CA erred in affirming the trial court's decision which granted the petition to adopt Jason Condat in favor of spouses Bobiles. Ruling: The rights concomitant to and conferred by the decree of adoption will be for the best interests of the child. His adoption is with the consent of his natural parents. The trial court and respondent court acted correctly in granting the petition for adoption and we find no reason to disturb the same. Given the facts and circumstances of the case and considered in the light of the foregoing doctrine, SC holds that the decree of adoption issued by the court a quo would go a long way towards promoting the welfare of the child and the enhancement of his opportunities for a useful and happy life.

Tamargo vs. CA 209 SCRA 518 Facts: Domestic Adoption Act of 1998; Adelberto Bundoc, then a minor of 10 years of age, shot Jennifer Tamargo with an air rifle causing injuries which resulted in her death. Accordingly, a civil complaint for damages was filed with the RTC of Ilocos Sur by petitioner Macario Tamargo, Jennifer's adopting parent and petitioner spouses Celso and Aurelia Tamargo, Jennifer's natural parents against respondent spouses Victor and Clara Bundoc, Adelberto's natural parents with whom he was living at the time of the tragic incident. Prior to the incident, the spouses Sabas and Felisa Rapisura had filed a petition to adopt the minor Adelberto Bundoc in Special Proceedings before the then CIF of Ilocos Sur. This petition for adoption was granted that is, after Adelberto had shot and killed Jennifer. Respondent spouses Bundoc, Adelberto's natural parents, reciting the result of the foregoing petition for adoption, claimed that not they, but rather the adopting parents, namely the spouses Sabas and Felisa Rapisura, were indispensable parties to the action since parental authority had shifted to the adopting parents from the moment the successful petition for adoption was filed. Petitioners in their reply contended that since Adelberto Bundoc was then actually living with his natural parents, parental authority had not ceased nor been relinquished by the mere filing and granting of a petition for adoption. The trial court dismissed petitioners' complaint, ruling that respondent natural parents of Adelberto indeed were not indispensable parties to the action. Issue: Whether or not petitioners, notwithstanding loss of their right to appeal, may still file the instant petition. Whether the Court may still take cognizance of the case even through petitioners' appeal had been filed out of time. Ruling: SC granted the petition. Retroactive affect may perhaps be given to the granting of the petition for adoption where such is essential to permit the accrual of some benefit or advantage in favor of the adopted child. In the instant case, however, to hold that parental authority had been retroactively lodged in the Rapisura spouses so as to burden them with liability for a tortious act that they could not have foreseen and which they could not have prevented would be unfair and unconscionable.