CASE DIGESTS

(Persons and Family Relations)

Cases 15 and 16 were argued based on the grounds of “retroactivity of the law”.

Case no. 15 (G.R. No. 95229)

Dated 9th of June 1992
TAYAG vs. COURT Of APPEALS

Facts of the Case:

An illegitimate child (Chad D. Cuyugan) claimed to be heir the late testator. The
fillation was after the death of the testator.
The petitioner filed several petition for dismissal of the said claim but was dismissed
by the court of appeals subsequently. The petitioner claiming to be a legitimate heir said
that the illegitimate child’s claim is invalid due to the fact that the fillation was done
after the testator died.

Issue:
WON paragraph 2 of Article 175 of the Family code of the Philippines be given
retroactive effect despite its procedural nature and its retroactive application does
not allow filing af the action after the death of the alleged parent

Ruling:
The petition at bar is denied and the respondent Court of Appeals are hereby
affirmed in total.
Thus, the said article’s retroactivity is given effect since it was provided in the Family
Code of the Philippines in its Article 256 as long as it does not prejudice or impair vested
rights in accordance with the Civil Code