GSIS v BERCILES

“Premiums are presumed conjugal without proof of payment though exclusive funds”

Facts:
 GSIS recognized Pascual Berciles as an acknowledged natural child and other
private respondents Maria Luisa Berciles Vallreal, mercy Berciles Patacsil and
Rhoda Berciles as illegitimate children of Judge Pascual Berciles with Flor
Fuentebella and thus have rights to his retirement benefits
 This was contested by his wife Iluminada Ponce and their children.

ISSUE: WON GSIS was correct in upholding their status as a natural child and illegitimate
children

HELD: NO
 Art 287 pf NCC – illegitimate children other than natural are entitled to support
and such sucsessional rights are granted in the code, but for this article to be
applicable, there must be admission or recognition of paternity of illegitimate
child.
 No evidence of admission
o (X)There was no evidence that he intervened when his name
was put in the birth
certificate of Pascual Berciles, thus his part in the birth certificate is null
and void
o (X) baptismal certificate has no weight as well
o (X) living together does not prove filiation
o (X) pictures are not proof of filiation
o Their mother was not recognized to be married to the deceased
 RESULT: retirement benefits are distributed equally to the five recognized heirs
from his marriage to Iluminda Ponce who is also an heir.
o Art 966 of NCC – if a widow or widower and legit children or descendants
are left, surviving spouse has in the succession the same share as that of
each of the children
 Art 980 of NCC – children of deceased shall always inherit from him in their own
right, dividing the inheritance in equal shares.