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Arcaba vs Tabancura
Deed of Donation || Article 87 FC
Francisco Comille and Zosima has a lot in Dipolog, Zamboanga Del Norte.
Francisco created a deed of donation (a parcel of land) to Cirila, for her loyalty for 10 years as a house helper/ care giver.
Nieces (respondents) the descendants filed for petition, that the deed of donation was not valid because Francisco and Cirilo cohabited with each
other.
She denied that they had sexual intercourse. But document showed that she used the last name of Francisco whenshe applied for Business and
Sanitary Permits and she even signed Cirila Commille in the Death Certificate.
RTC and CA ruled in favor of the Respondents.
ISSUE: Whether or not the deed of donation inter vivos executed by Francisco in Arcaba’s favor was valid.
HELD:
The court in this case considered a sufficient proof of common law relationship wherein donation is not valid. The conclusion was based on the testimony
of Tabancura and certain documents bearing the signature of “Cirila Comille” such as application for business permit, sanitary permit and the
death certificate of Francisco. Also, the fact that Cirila did not demand her wages is an indication that she was not simply a caregiver –
employee.
Cohabitation means more than sexual intercourse, especially when one of the parties is already old and may no longer be interested in sex at the very least,
cohabitation is a public assumption of men and women holding themselves out to the public as such.
Hence, the deed of donation by Francisco in favor of Cirila is void under Art. 87 of the Family Code.
“Every donation or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall be void, except moderate gifts which the
spouses may give each other on the occasion of any family rejoicing. The prohibition shall also apply to persons living together as husband and wife without
a valid marriage.”
(1) Trial Court: denied the motion to dismiss, ruled that respondent, as widow of the decedent, possessed the legal standing to file the petition and that
venue was properly laid. Mila filed a motion for inhibition against Judge Tensuan on November 16, 1994. Thus, a new trial ensued.
(2) Trial Court (new): dismissed the petition for letters of administration.
o It held that, at the time of his death, Felicisimo was the duly elected governor and a resident of the Province of Laguna. Hence, the petition
should have been filed in Sta. Cruz, Laguna and not in Makati City.
o It found that the decree of absolute divorce dissolving Felicisimo’s marriage to Merry Lee was not valid in the Philippines and did not bind
Felicisimo who was a Filipino citizen. It also ruled that paragraph 2, Article 26 of the Family Code cannot be retroactively applied because it would
impair the vested rights of Felicisimo’s legitimate children.
(3) CA: reversed and set aside the orders of the trial court
o Section 1, Rule 73 of the Rules of Court, the term "place of residence" of the decedent, for purposes of fixing the venue of the
settlement of his estate, refers to the personal, actual or physical habitation, or actual residence or place of abode of a person as
distinguished from legal residence or domicile. It noted that although Felicisimo discharged his functions as governor in Laguna, he
actually resided in Alabang, Muntinlupa. Thus, the petition for letters of administration was properly filed in Makati City.
o Felicisimo had legal capacity to marry respondent by virtue of paragraph 2, Article 26 of the Family Code and the rulings in Van Dorn
v. Romillo, Jr (Genesis of Article 26 par2 of the FC)
ISSUES:
(1) Whether venue was properly laid
(2) Whether a Filipino who is divorced by his alien spouse abroad may validly remarry under the Civil Code, considering that Felicidad’s marriage to
Felicisimo was solemnized on June 20, 1974, or before the Family Code took effect on August 3, 1988.
(3) Whether respondent has legal capacity to file the subject petition for letters of administration.
RULING:
(1) Yes, the venue was proper. Section 1, Rule 73 of the Rules of Court, the petition for letters of administration of the estate of Felicisimo should be filed
in the Regional Trial Court of the province "in which he resides at the time of his death."
For purposes of fixing venue under the Rules of Court, the "residence" of a person is his personal, actual or physical habitation, or actual residence or place
of abode, which may not necessarily be his legal residence or domicile provided he resides therein with continuity and consistency. While petitioners
established that Felicisimo was domiciled in Sta. Cruz, Laguna, respondent proved that he also maintained a residence in Alabang, Muntinlupa from 1982 up
to the time of his death. From the foregoing, we find that Felicisimo was a resident of Alabang, Muntinlupa for purposes of fixing the venue of the
settlement of his estate.
(2) Yes. Paragraph 2 of Article 26 traces its origin to the 1985 case of Van Dorn v. Romillo, Jr. The Van Dorn case involved a marriage between a Filipino
citizen and a foreigner. The Court held therein that a divorce decree validly obtained by the alien spouse is valid in the Philippines, and consequently,
the Filipino spouse is capacitated to remarry under Philippine law. As such, the Van Dorn case is sufficient basis in resolving a situation where a
divorce is validly obtained abroad by the alien spouse. With the enactment of the Family Code and paragraph 2, Article 26 thereof, our lawmakers
codified the law already established through judicial precedent.
The divorce decree allegedly obtained by Merry Lee which absolutely allowed Felicisimo to remarry, would have vested Felicidad with the legal personality to
file the present petition as Felicisimo’s surviving spouse. However, the records show that there is insufficient evidence to prove the validity of
the divorce obtained by Merry Lee as well as the marriage of respondent and Felicisimo under the laws of the U.S.A.
With regard to respondent’s marriage to Felicisimo allegedly solemnized in California, U.S.A., she submitted photocopies of the Marriage Certificate and the
annotated text of the Family Law Act of California which purportedly show that their marriage was done in accordance with the said law. As stated
in Garcia, however, the Court cannot take judicial notice of foreign laws as they must be alleged and proved.
Therefore, this case should be remanded
to the trial court for further reception of evidence on the divorce decree obtained by Merry Lee and the marriage of respondent and
Felicisimo.
(3) Yes. Respondent’s legal capacity to file the subject petition for letters of administration may arise from her status as the surviving wife of Felicisimo or as
his co-owner under Article 144 of the Civil Code or Article 148 of the Family Code.
Even assuming that Felicisimo was not capacitated to marry respondent in 1974, nevertheless, we find that the latter has the legal personality to file the
subject petition for letters of administration, as she may be considered the co-owner of Felicisimo as regards the properties that were acquired through their
joint efforts during their cohabitation.
6. BA Finance Corp vs CA
Article 161 of the Civil Code/ Article 121 in the FC.
Facts:
Augusto Yulo, applied for a Loan to BA Finance Corp, the amt of 591,003. He gave a promissory note, as a representative of AL Industries, with a
special power of Atty signed by his wife, Lily Yulo, who is the owner of the company.
2 mos before the loan was given, Augusto already left the conjugal home. He was not able to pay the loan.
Petitioner filed a motion for writ of attachment alleging that spouses were guilty of fraud with execution of Deed of Assignment assigning the
rights, titles and interests over a construction contract executed by and between the spouses and A. Soriano Corporation.
The trial court issued the writ of attachment prayed for thereby enabling the petitioner to attach the properties of A & L Industries. .
Apparently not contented with the order, the petitioner filed another motion for the examination of attachment debtor, alleging that
the properties attached by the sheriff were not sufficient to secure the satisfaction of any judgment that may be recovered by it in the case.
This was likewise granted by the court.
Private respondent Lily Yulo filed her answer with counterclaim, alleging that although Augusta Yulo and she are husband and wife, the
former had abandoned her and their children five (5) months before the filing of the complaint; that they were already separated when the
promissory note was executed; that her signature in the special power of attorney was forged because she had never authorized
Augusto Yulo in any capacity to transact any business for and in behalf of A & L Industries, which is owned by her as a single proprietor, that
she never got a single centavo from the proceeds of the loan mentioned in the promissory note; and that as a result of the illegal attachment of
her properties, which constituted the assets of the A & L Industries, the latter closed its business and was taken over by the new owner.
RTC ruled to dismissed AL Industries and Lilly from the liability and ordered Petitioner to pay Lily for actual damages and unrealized profits,
exemplary damages and atty fees.
CA affirmed RTCs ruling.
ISSUE: WON A&L Industries can be held liable for the obligations contracted by the husband.
HELD:
A&L Industries is a single proprietorship, whose registered owner is Lily Yulo. The said proprietorship was established during the marriage and assets were
also acquired during the same. Hence, it is presumed that the property forms part of the conjugal partnership of the spouses and be held liable for the
obligations contracted by the husband. However, for the property to be liable, the obligation contracted by the husband must have redounded to the
benefit of the conjugal partnership. The obligation was contracted by Augusto for his own benefit because at the time he incurred such obligation, he had
already abandoned his family and left their conjugal home
He likewise made it appear that he was duly authorized by his wife in behalf of the company to procure such loan from the petitioner. Clearly, there must
be the requisite showing that some advantage accrued to the welfare of the spouses.
Thus, the Court ruled that petitioner cannot enforce the obligation contracted by Augusto against his conjugal properties with Lily. Furthermore, the writ of
attachment cannot be issued against the said properties and that the petitioner is ordered to pay Lily actual damages amouting to P660,000.00.
HELD:
Yes, as it has redounded to the benefit of the family. They did not deny that the same served as their conjugal home thus benefiting the family. Hence,
the spouses are jointly and severally liable in the payment of the loan. Abelardo’s contention that it is not a loan rather a profit share in the construction
firm is untenable since there was no proof that he was part of the stockholders that will entitle him to the profits and income of the company.
Hence, the petition was granted and Abelardo is ordered to pay the petitioner in the amount of $25,000 plus legal interest including moral and exemplary
damages and attorney’s fees.
FACTS:
Mallilin and Castillo cohabited together while their respective marriage still subsisted.
During their union, they set up Superfreight Customs Brokerage Corporation. The business flourished and the couple acquired real and personal
properties which were registered solely in Castillo's name.
Due to irreconcilable differences, the couple separated.
Mallilin filed a complaint for partition and/or payment of Co-ownership share, accounting and damages against Castillo.
Castillo, in her answer, alleged that co-ownership could not exist between them because according to Article 144 of the Civil Code, rules on co-
ownership shall govern the properties acquired by a man and a woman living together as husband and wife but not married, they are not
capacitated to marry each other because of their valid subsisting marriage.
She claimed to be the exclusive owner of all real and personal properties involved in Mallilin's action of partition on the ground that they were
acquired entirely out of her own money and registered solely in her name.
ISSUE:
Whether or not co-ownership exists between them.
RULING:
Yes. Co-ownership exists between Mallilin and Castillo even though they are incapacitated to marry each other. Article 144 of the Civil Code does not
cover parties living in an adulterous relationship. Their property regime falls under Article 148 of the Family Code where co-ownership is limited,
properties acquired by them through their joint contribution of money, property or industry shall be owned by them in common in proportion to their
contributions which, in the absence of proof to the contrary, is presumed to be equal.
Where the parties are in a void marriage due to a legal impediment that invalidates such marriage, Art 148 should be applied. In the absence of proof that
the wife/husband has actually contributed money, property, or industry to the properties acquired during such union the presumption of co-ownership will
not arise.
The petition was denied for lack of merit. The decision of CA that the property was conjugal was affirmed.
In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or
industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by other party of any
property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and
of the household.
The law is clear. In the absence of proofs to the contrary, any property acquired by common-law spouses during their period of cohabitation is presumed to
have been obtained thru their joint efforts and is owned by them in equal shares. Their property relationship is governed by the rules on co-ownership. And
under this regime, they owned their properties in common "in equal shares."
Being herself a co-owner, Juliet may not be ejected from the structure in question. She is as much entitled to enjoy its possession and ownership
as John. Juliet's failure to pay John the balance of the latter's share in their common properties could at best give rise to an action for a sum of money
against Juliet, or for rescission of the said agreement and not for ejectment. (John Abing vs Juliet Waeyan, G.R. NO. 146294, July 31, 2006)
Defendants appealed to RTC that Mario and Guillerma had an amorous relationship and that they acquired the property in question as their love nest. It
was likewise alleged that they lived together in the said apartment building with their 2 children for about 10 years and that Gullerma administered the
property by collecting rentals from the lessees until she discovered that Mario deceived her as to the annulment of their marriage.
ISSUE: WON Guillerma is a co-owner of the said apartment under Article 148.
HELD:
SC rejected the claim that Guillerma and Mario were co-owners of the subject property. The claim was not satisfactorily proven by Guillerma since there
were no other evidence presented to validate it except for the said affidavit. Even if the allegations of having cohabited with Mario and that she bore him
two children were true, the claim of co-ownership still cannot be accepted. Mario is validly married with Lourdes hence Guillerma and Mario are not
capacitated to marry each other. The property relation governing their supposed cohabitation is under Article 148 of the Family Code. Actual contribution is
required by the said provision in contrast to Art 147 which states that efforts in the care and maintenance of the family and household are regarded as
contributions to the acquisitions of common property by one who has no salary, income, work or industry. Such is not included in Art 148. If actual
contribution is not proven then there can be no co-ownership and no presumption of equal shares.
18. Docena vs Lapesura
GR No. 140153, March 28, 2001
FACTS:
Casiano Hombria, private respondent, filed a complaint for the recovery of a parcel of land against his lessees, petitioner-spouses, Antonio and Alfreda
Docena. The spouses claimed ownership of the land based on the occupation since time immemorial. The petitioners filed a petition for certiorari and
prohibition with CA alleging grave abuse of discretion on the part of the trial judge in issuing orders and that of the sheriff in issuing the writ of demolition.
CA dismissed the petition on the ground that the petition was filed beyond the 60-day period provided in the Revised Rules of Civil Procedure and that the
certification of non-forum shopping attached thereto was signed by only one of the petitioners.
ISSUE: WON it is sufficient that the certification of non-forum shopping was signed by only one of the petitioners.
HELD: In view of the property involved which is a conjugal property, the petition questioning the writ of demolition thereof originated from an action for
recovery brought against the spouses and is clearly intended for the benefit of the conjugal partnership and the wife as point out was in the province of
Samar whereas the petition was prepared in Metro Manila, a rigid application of the rules on forum shopping that would disauthorize a husband’s signing the
certification in his behalf and that of his wife is too harsh.
In the previous court rulings, certificate of non-forum shopping should be sign by all the petitioners in a case. However, in the case at bar, such certificate
signed by Antonio Docena alone should be deemed to constitute substantial compliance with the rules. The two petitioners in this case are husband and
wife and their residence is the subject property alleged to be a conjugal property. Under the Family Code, the administration of the conjugal property
belongs to the husband and wife jointly. However, unlike an act of alienation or encumbrance where the consent of both spouses is required, joint
management or administration does not require that the husband and wife always act together. Each spouse may validly exercise full power of
management alone, subject to the intervention of the court in proper cases.
Hence, petition is granted and the case is remanded to CA for further proceedings.
19. Hontiveros vs RTC
GR No. 125465, June 29, 1999
FACTS:
Petitioner spouses Augusto and Maria Hontiveros filed a complaint for damages against private respondents Gregorio Hontiveros and Teodora Ayson. The
petitioners alleged that they are the owners of a parcel of land in Capiz and that they were deprived of income from the land as a result of the filing of the
land registration case. In the reply, private respondents denied that they were married and alleged that Gregorio was a widower while Teodora was
single. They also denied depriving petitioners of possession of and income from the land. On the contrary, according to the private respondents, the
possession of the property in question had already been transferred to petitioners by virtue of the writ of possession. Trial court denied petitioner’s motion
that while in the amended complaint, they alleged that earnest efforts towards a compromise were made, it was not verified as provided in Article 151.
ISSUE: WON the court can validly dismissed the complaint due to lack of efforts exerted towards a compromise as stated in Article 151.
HELD:
SC held that the inclusion of private respondent Teodora Ayson as defendant and Maria Hontiveros as petitioner takes the case out of the scope of Article
151. Under this provision, the phrase “members of the same family” refers to the husband and wife, parents and children, ascendants and descendants,
and brothers and sisters whether full or half-blood. Religious relationship and relationship by affinity are not given any legal effects in this
jurisdiction. Teodora and Maria as spouses of the Hontiveros’ are regarded as strangers to the Hontiveros family for purposes of Article 151.
HELD:
SC rejected the claim that Guillerma and Mario were co-owners of the subject property. The claim was not satisfactorily proven by Guillerma since there
were no other evidence presented to validate it except for the said affidavit. Even if the allegations of having cohabited with Mario and that she bore him
two children were true, the claim of co-ownership still cannot be accepted. Mario is validly married with Lourdes hence Guillerma and Mario are not
capacitated to marry each other. The property relation governing their supposed cohabitation is under Article 148 of the Family Code. Actual contribution is
required by the said provision in contrast to Art 147 which states that efforts in the care and maintenance of the family and household are regarded as
contributions to the acquisitions of common property by one who has no salary, income, work or industry. Such is not included in Art 148. If actual
contribution is not proven then there can be no co-ownership and no presumption of equal shares.
ISSUE: WON spouses Martinez complied with the requirements of Art 151 of the Family Code.
HELD:
No suit between members of the same family shall prosper unless it should appear from the verified complaint that earnest efforts toward a compromise
have been made, but the same have failed.
Lucila Martinez, the respondent’s sister-in-law was one of the plaintiffs in the case at bar. The petitioner is not a member of the same family as that of her
deceased husband and the respondent. Her relationship with the respondent is not one of those enumerated in Article 150. It should also be noted that
the petitioners were able to comply with the requirements of Article 151 because they alleged in their complaint that they had initiated a proceeding against
the respondent for unlawful detainer in the katarungan Pambarangay in compliance with PD1508 and that after due proceedings, no amicable settlement
was arrived at resulting in the barangay chairman’s issuance of a certificate to file action.
Reaffirmed the judgment of RTC.
22. Manalo vs CA
GR No. 129242, January 16, 2001
FACTS:
Troadic Manalo who died on February 1992, was survived by his Pilar and his 11 children. The deceased left several real properties in Manila and a business
in Tarlac. In November 1992, herein respondents, 8 of the surviving children, filed a petition with RTC Manila for the judicial settlement of the estate of
their late father and for appointment of their brother Romeo Manalo as administrator thereof. Hearing was set on February 11, 1993 and the herein
petitioners were granted 10 days within which to file their opposition to the petition.
ISSUE: WON the case at bar is covered under Article 151 where earnest efforts toward compromise should first be made prior the filing of the petition.
HELD:
It is a fundamental rule that in the determination of the nature of an action or proceeding, the averments and the character of the relief were sought in the
complaint or petition, shall be controlling. The careful scrutiny of the petition for the issuance of letters of administration, settlement and distribution of the
estate belies herein petitioners’ claim that the same is in the nature of an ordinary civil action. The provision of Article 151 is applicable only to ordinary civil
actions. It is clear from the term “suit” that it refers to an action by one person or persons against another or other in a court of justice in which the
plaintiff pursues the remedy which the law affords him for the redress of an injury or enforcement of a right. It is also the intention of the Code
Commission as revealed in the Report of the Code Commission to make the provision be applicable only to civil actions. The petition for issuance of letters
of administration, settlement, and distribution of estate is a special proceeding and as such a remedy whereby the petitioners therein seek to establish a
status, a right, or a particular fact. Hence, it must be emphasized that herein petitioners are not being sued in such case for any cause of action as in fact
no defendant was pronounced therein.
25. VILMA G. ARRIOLA and ANTHONY RONALD G. ARRIOLA, Petitioners, vs. JOHN NABOR C. ARRIOLA, Respondent.
[G.R. No. 177703, January 28, 2008]
Facts:
Fidel Arriola died and is survived by his legal heirs: John Nabor Arriola (respondent) ,his son with his first wife , and Vilma G. Arriola, his second wife and
his other son, Anthony Ronald Arriola (petitioners).
On Feb. 16, 2004, the RTC rendered a decision ordering the partition of the parcel of land covered by TCT No 383714 (84191) left by the decedent Fidel S.
Arriola by and among his heirs John Nabor C. Arriola, Vilma G. Arriola and Anthony Ronald G. Arriola in equal shares of one-third (1/3) each without
prejudice to the rights of creditors or mortgagees thereon, if any.
However, the parties failed to agree on how to divide the above mentioned property and so the respondent proposed to sell it though public auction. The
petitioners initially agreed but refused to include in the auction the house standing on the subject land. The respondent then filed an Urgent Manifestation
and Motion for Contempt of Court but was denied by the RTC for lack of merit.
When a motion of reconsideration was still denied by the RTC, the respondent elevated the case to the CA with a petition for certiorari and prayed that he
be allowed to push through with the auction of the subject land including the house built on it. The CA granted the petition and ordered the public auction
sale of the subject lot including the house built on it. Petitioners filed a motion for reconsideration but the CA denied the said motion. Hence this petition for
review on Certiorari.
Issue: Whether or not the subject house is covered by the judgement of partition
Ruling:
The Supreme Court agree that the subject house is covered by the judgment of partition but in view of the suspended proscription imposed under Article
159 of the family code, the subject house immediately partitioned to the heirs. Article 152. The family home, constituted jointly by the husband and the
wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated. Article 153. The
family home is deemed constituted on a house and lot from the time it is occupied as a family residence. From the time of its constitution and so long as
any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution, forced sale or attachment except as
hereinafter provided and to the extent of the value allowed by law. (Emphasis supplied.)
Thus, applying these concepts, the subject house as well as the specific portion of the subject land on which it stands are deemed constituted as a family
home by the deceased and petitioner Vilma from the moment they began occupying the same as a family residence 20 years back.
Article 159. The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for
as long as there is a minor beneficiary, and the heirs cannot partition the same unless the court finds compelling reasons therefor.
This rule shall apply regardless of whoever owns the property or constituted the family home. (Emphasis supplied.)
28. Benitez-Badua vs CA
GR No. 105625, January 24, 1994
FACTS:
Spouses Vicente Benitez and Isabel Chipongian were owners of various properties located in Laguna. Isabel died in 1982 while his husband died in
1989. Vicente’s sister and nephew filed a complaint for the issuance of letters of administration of Vicente’s estate in favor of the nephew, herein private
respondent. The petitioner, Marissa Benitez-Badua, was raised and cared by the deceased spouses since childhood, though not related to them by blood,
nor legally adopted. The latter to prove that she is the only legitimate child of the spouses submitted documents such as her certificate of live birth where
the spouses name were reflected as her parents. She even testified that said spouses continuously treated her as their legitimate daughter. On the other
hand, the relatives of Vicente declared that said spouses were unable to physically procreate hence the petitioner cannot be the biological child. Trial court
decided in favor of the petitioner as the legitimate daughter and sole heir of the spouses.
ISSUE: WON petitioner’s certificate of live birth will suffice to establish her legitimacy.
HELD:
The Court dismissed the case for lack of merit. The mere registration of a child in his or her birth certificate as the child of the supposed parents is not a
valid adoption. It does not confer upon the child the status of an adopted child and her legal rights. Such act amounts to simulation of the child's birth or
falsification of his or her birth certificate, which is a public document.
It is worthy to note that Vicente and brother of the deceased wife executed a Deed of Extra-Judicial Settlement of the Estate of the latter. In the notarized
document, they stated that they were the sole heirs of the deceased because “she died without descendants and ascendants”. In executing such deed,
Vicente effectively repudiated the Certificate of Live Birth of the petitioner where it appeared thathe was the petitioner’s father.
RULING: No. It is settled that a child born within a valid marriage is presumed legitimate even though the mother may have declared against its legitimacy
or may have been sentenced as an adulteress.(Art 167,FC)
No. We cannot allow petitioner to maintain his present petition and subvert the clear mandate of the law that only the husband, or in
exceptional circumstances, his heirs, could impugn the legitimacy of a child born in a valid and subsisting marriage. The child himself cannot
choose his own filiation. If the husband, presumed to be the father does not impugn the legitimacy of the child, then the status of the child is fixed, and the
latter cannot choose to be the child of his mother’s alleged paramour. On the other hand, if the presumption of legitimacy is overthrown, the child cannot
elect the paternity of the husband who successfully defeated the presumption. (Art 170-171, FC)
The due recognition of an illegitimate child in a record of birth, a will, a statement before a court of record, or in any authentic writing is, in itself, a
consummated act of acknowledgement of the child, and no further court action is required. In fact, any authentic writing is treated not just a ground for
compulsory recognition; it is in itself a voluntary recognition that does not require a separate action for judicial approval. However, what was tried before
the trial court and CA was for partition and accounting of damages only. The filiation or compusolry recognition by Vicente of Theresa was never put in
issue. In fact both agreed in the trial court’s pre trial order that Theresa was Rosalina’s granddaughter. The deceased establishing acknowledgement of his
paternity over Theresa nevertheless signed the duly authenticated birth certificate shown by the latter. Hence, the Court granted 1/8 share of the land to
Theresa.
32. Ernestina Bernabe vs Carolina Alejo
374 SCRA 180 – Civil Law – Preliminary Title – Application of Laws – No retroactive effect if vested rights are impaired
Facts:
The late Fiscal Ernesto Bernabe allegedly fathered a son with Carolina Alejo (Secretary). The son was born on September 18, 1981 and was
named Adrian Bernabe. Fiscal Bernabe died on August 13, 1993 (wife Rosalina died too) leaving Ernestina as the sole surviving heir. Therafter,
Carolina in behalf of Adrian filed the aforesaid complaint praying that Adrian be declared as acknowledged illegitimate son of Fiscal Bernabe.
The RTC dismissed the complaint ruling that under the provision of the Family Code, the death of the putative father had barred the action. On
appeal, the Court of Appeals ruled that in the interest of justice, Adrian should be allowed to prove that he was the illegitimate son of Fiscal
Bernabe since the boy was born in 1981; his rights are governed by Article 285 of the Civil Code. Hence, appeal was interposed in the Supreme
Court.
the trial court granted Ernestina Bernabes Motion for Reconsideration of the trial courts Decision and ordered the dismissal of the Complaint for
recognition. Citing Article 175 of the Family Code, the RTC held that the death of the putative father had barred the action.
In its Order dated October 6, 1995, the trial court added that since the putative father had not acknowledged or recognized Adrian Bernabe in
writing, the action for recognition should have been filed during the lifetime of the alleged father to give him the opportunity to either affirm or
deny the childs filiation.
Court of Appeals ruled that in the interest of justice, Adrian should be allowed to prove that he was the illegitimate son of Fiscal Bernabe. Because
the boy was born in 1981, his rights are governed by Article 285 of the Civil Code, which allows an action for recognition to be filed within four
years after the child has attained the age of majority. The subsequent enactment of the Family Code did not take away that right.
ISSUE: Whether or not the Family Code shall have retroactive effect.
HELD: Applying recent jurisprudence, the Supreme Court hold that Article 285 of the Civil Code is a substantive law as it gives Adrian the right to file his
petition for recognition within 4 years from attaining majority age. Therefore, the Family Code cannot impair or take Adrian’s right to file an action for
recognition because that right had already vested prior to its enactment.
ART. 285. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases:
(1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the
attainment of his majority;
(2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents
recognize the child.
In this case, the action must be commenced within four years from the finding of the document.
ART. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws.
ART. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die
during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.
The action already commenced by the child shall survive notwithstanding the death of either or both of the parties.
ART. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same, evidence as legitimate children.
The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in
which case the action may be brought during the lifetime of the alleged parent.
ART. 255. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or
other laws
“To prove open and continuous possession of the status of an illegitimate child, there must be evidence of the manifestation of the permanent intention of
the supposed father to consider the child as his, by continuous and clear manifestations of parental affection and care, which cannot be attributed to pure
charity. Such acts must be of such a nature that they reveal not only the conviction of paternity, but also the apparent desire to have and treat the child as
such in all relations in society and in life, not accidentally, but continuously”.
The following facts was established based on the testimonial evidences offered by Monina:
1. That Francisco was her father and she was conceived at the time when her mother was employed by the former;
2. That Francisco recognized Monina as his child through his overt acts and conduct.
SC ruled that a certificate of live birth purportedly identifying the putative father is not competence evidence as to the issue of paternity. Francisco’s lack of
participation in the preparation of baptismal certificates and school records render the documents showed as incompetent to prove paternity. With regard
to the affidavit signed by Monina when she was 25 years of age attesting that Francisco was not her father, SC was in the position that if Monina were truly
not Francisco’s illegitimate child, it would be unnecessary for him to have gone to such great lengths in order that Monina denounce her filiation. Monina’s
evidence hurdles the “high standard of proof required for the success of an action to establish one’s illegitimate filiation in relying upon the provision on
“open and continuous possession”. Hence, Monina proved her filiation by more than mere preponderance of evidence.
Since the instant case involves paternity and filiation, even if illegitimate, Monina filed her action well within the period granted her by a positive provision of
law. A denial then of her action on ground of laches would clearly be inequitable and unjust. Petition was denied.
FACTS:
Jenie was denied the registration of her child's birth because the document attached to the Affidavit to use the Surname of the Father (AUSF) entitled
"Autobiography," did not include the signature of the deceased father, and “because he was born out of wedlock and the father unfortunately died prior to
his birth and has no more capacity to acknowledge his paternity to the child.”
Jenie and the child promptly filed a complaint for injunction/registration of name against Gracia. The trial court held that even if Dominique, the father, was
the author of the unsigned handwritten Autobiography, the same does not contain any express recognition of paternity.
ISSUE:
Whether or not the unsigned handwritten instrument of the deceased father of minor Christian can be considered as a recognition of paternity.
RULING:
Yes.
Article 176 of the Family Code, as amended by RA 9255, permits an illegitimate child to use the surname of his/her father if the latter had previously
recognized him/her as his offspring through an admission made in a pubic of private handwritten instrument.
Article 176, as amended, does not explicitly state that there must be a signature by the putative father in the private handwritten instrument.
The following rules respecting the requirement of affixing the signature of the acknowledging parent in any private handwritten instrument wherein an
admission of filiation of a legitimate or illegitimate child is made:
1) Where the private handwritten instrument is the lone piece of evidence submitted to prove filiation, there should be strict compliance with the
requirement that the same must be signed by the acknowledging parent; and
2) Where the private handwritten instrument is accompanied by other relevant and competent evidence, it suffices that the claim of filiation therein be
shown to have been made and handwritten by the acknowledging parent as it is merely corroborative of such other evidence.
ISSUE: WON Guillerma is a co-owner of the said apartment under Article 148.
HELD:
SC rejected the claim that Guillerma and Mario were co-owners of the subject property. The claim was not satisfactorily proven by Guillerma since there
were no other evidence presented to validate it except for the said affidavit. Even if the allegations of having cohabited with Mario and that she bore him
two children were true, the claim of co-ownership still cannot be accepted. Mario is validly married with Lourdes hence Guillerma and Mario are not
capacitated to marry each other. The property relation governing their supposed cohabitation is under Article 148 of the Family Code. Actual contribution is
required by the said provision in contrast to Art 147 which states that efforts in the care and maintenance of the family and household are regarded as
contributions to the acquisitions of common property by one who has no salary, income, work or industry. Such is not included in Art 148. If actual
contribution is not proven then there can be no co-ownership and no presumption of equal shares.
37. In Re Petition for Adoption of Michelle Lim and Michael Jude Lim
GR No. 168992-93, May 21, 2009
FACTS:
Monina Lim, petitioner, who was an optometrist was married with Primo Lim but were childless. Minor children, were entrusted to them by Lucia, whose
parents were unknown as shown by a certification of DSWD. The spouses registered the children making it appears as if they were the
parents. Unfortunately, in 1998, Primo died. She then married an American Citizen, Angel Olario in December 2000. Petitioner decided to adopt the
children by availing of the amnesty given under RA 8552 to individuals who simulated the birth of a child. In 2002, she filed separate petitions for adoption
of Michelle and Michael before the trial court. Michelle was then 25 years old and already married and Michael was 18 years and seven months
old. Michelle and her husband including Michael and Olario gave their consent to the adoption executed in an affidavit.
ISSUE: WON petitioner who has remarried can singly adopt.
HELD:
Petition was denied. The time the petitions were filed, petitioner had already remarried. Husband and wife shall jointly adopt except in 3 instances which
was not present in the case at bar. In case spouses jointly adopts, they shall jointly exercised parental authority. The use of the word “shall” signifies that
joint adoption of husband and wife is mandatory. This is in consonance with the concept of joint parental authority since the child to be adopted is elevated
to the level of a legitimate child, it is but natural to require spouses to adopt jointly. The affidavit of consent given by Olario will not suffice since there are
certain requirements that he must comply as an American Citizen. He must meet the qualifications set forth in Sec7 of RA8552. The requirements on
residency and certification of the alien’s qualification to adopt cannot likewise be waived pursuant to Sec 7. Parental authority is merely just one of the
effects of legal adoption. It includes caring and rearing the children for civic consciousness and efficiency and development of their moral mental and
physical character and well-being.
RTC ruled in favor of the Carpitanos, Court of Appeals promulgated a decision reducing the actual damages to P25,000.00 but
otherwise affirming the decision a quo, in toto
ISSUE: WON petitioner should be held liable for the damages.
HELD:
CA held petitioner liable for the death of Sherwin under Article 218 and 219 of the Family Code where it was pointed that they were negligent in
allowing a minor to drive and not having a teacher accompany the minor students in the jeep. However, for them to be held liable, the act or
omission to be considered negligent must be the proximate cause of the injury caused thus, negligence needs to have a causal connection to the
accident. It must be direct and natural sequence of events, unbroken by any efficient intervening causes. The parents of the victim failed to show such
negligence on the part of the petitioner. The spouses Villanueva admitted that the immediate cause of the accident was not the reckless driving of
James but the detachment of the steering wheel guide of the jeep. Futhermore, there was no evidence that petitioner allowed the minor to
drive the jeep of Villanueva. The mechanical defect was an event over which the school has no control hence they may not be held liable for the death
resulting from such accident.
The registered owner of any vehicle, even if not used for public service, would primarily be responsible to the public or to 3rd persons for
injuries caused while it is being driven on the road. It is not the school, but the registered owner of the vehicle who shall be held responsible for damages
for the death of Sherwin. Case was remanded to the trial court for determination of the liability of the defendants excluding herein petitioner.
WHEREFORE, the Court REVERSES and SETS ASIDE the decision of the Court of
Appeals[18] and that of the trial court.[19] The Court remands the case to the trial court for determination of the liability of defendants, excluding petitioner St.
Marys Academy, Dipolog City.
Eufemio counterclaimed for the declaration of nullity of his marriage with Lapuz-Sy on the ground of his prior and subsisting marriage with Go Hiok. Trial
proceeded and the parties adduced their respective evidence. However, before the trial could be completed, respondent already scheduled to present
surrebuttal evidence, petitioner died in a vehicular accident on May 1969. Her counsel duly notified the court of her death. Eufemio moved to dismiss the
petition for legal separation on June 1969 on the grounds that the said petition was filed beyond the one-year period provided in Article 102 of the Civil
Code and that the death of Carmen abated the action for legal separation. Petitioner’s counsel moved to substitute the deceased Carmen by her father,
Macario Lapuz.
ISSUE: Whether the death of the plaintiff, before final decree in an action for legal separation, abate the action and will it also apply if the action involved
property rights.
HELD:
An action for legal separation is abated by the death of the plaintiff, even if property rights are involved. These rights are mere effects of decree of
separation, their source being the decree itself; without the decree such rights do not come into existence, so that before the finality of a decree, these
claims are merely rights in expectation. If death supervenes during the pendency of the action, no decree can be forthcoming, death producing a more
radical and definitive separation; and the expected consequential rights and claims would necessarily remain unborn.
The petition of Eufemio for declaration of nullity is moot and academic and there could be no further interest in continuing the same after her demise, that
automatically dissolved the questioned union. Any property rights acquired by either party as a result of Article 144 of the Civil Code of the Philippines 6
could be resolved and determined in a proper action for partition by either the appellee or by the heirs of the appellant.