Uson v.

Del Rosario
G.R. No. L-4963 29 January 1953 Bautista Angelo, J.
Retroactivity Sef
PETITIONER-APPELLEE DEFENDANTS-APPELLANTS
Maria Uson Maria del Rosario, Concepcion, Nebreda,
Conrado Nebreda, Dominador Nebreda,
and Faustino Nebreda, Jr.
RECIT-READY SUMMARY/FACTS
Maria Uson filed an action for recovery of the ownership and possession of five (5)
parcels of land in Labrador, Pangasinan against Maria del Rosario and her four
children. The land in this litigation belonged to Faustino Nebreda. Maria Uson was the
lawful wife while Maria del Rosario was the common-law wife whom he had 4
illegitimate children.

Uson claims that Del Rosario illegally possessed the lands upon the death of Faustino
Nebreda.

Defendants’ defense was a public document whereby Uson and her husband agreed
to separate as husband and wife. With this separation, she was given a parcel of land
and with that, she renounced her right to inherit any property that may be left by the
late Faustino Nebreda in 21 February 1931.

The Court ruled that the defendants restore to the plaintiff the ownership and
possession of the land in dispute without special pronouncement as to cost and that
the four children be also given parcels of lands for the following reasons:
1. The public document Uson and Nebreda entered in 1931 cannot be entertained
for future inheritance cannot be the subject of a contract nor can it be renounced.
2. In the old Civil Code, illegitimate children are not entitled to any successional
rights but the new Civil Code provides otherwise. And because this was declared
first time in the new code, THEY SHALL BE GIVEN RETROACTIVE EFFECT.

Uson then decided to just distribute the lands to the children because they were
acquired while the deceased was living with their mother. (Article 633, old Civil Code
on real property donation)
FACTS
1. In 1945, Faustino Nebreda died leaving five parcels of land. The ownership and
possession of the lands are in dispute between the lawful wife, Maria Uson, and
the common-law wife, Maria del Rosario, and her four children.
2. The defendants defense was that Uson and Nebreda through a public document
agreed to have separated and that Uson was given a parcel of land by way of
 alimony and in return renouncing her right to inherit any other property from her
late husband.
3. The four children are illegitimate.
4. Faustino died five years before the new Civil Code took effect.
ISSUES RULING
1. Whether or not the four illegitimate YES
children are entitled for parcels of
land if the patriarch died five years
before the enactment of the new
Civil Code

RATIONALE/LEGAL BASIS
1. The public document Uson and Nebreda entered in 1931 cannot be entertained
for future inheritance cannot be the subject of a contract nor can it be renounced.
(1 Manresa, 123, sixth edition; Tolentino on Civil Code, p. 12; Osorio vs. Osorio
and Ynchausti Steamship Co., 41 Phil., 531)
2. And that under Article 657 of the old Civil Code, the rights of inheritance of Maria
Uson over the lands in question became vested from the moment of death of
Nebreda: "The property belongs to the heirs at the moment of the death of the
ancestor as completely as if the ancestor had executed and delivered to them a
deed for the same before his death"
3. Under the old Civil Code, the four illegitimate children are not entitled to any
successional rights, however, the new Civil Code provides for their status and
their rights as natural children and are entitled to the successional rights. (Article
2264 and article 287, new Civil Code)
4. This is declared first time in the law. Thus, the children shall be given retroactive
effect even though the event which gave rise to them may have occurred under
the prior legislation. Article 2253, new Civil Code, provides: "if a right should be
declared for the first time in this Code, it shall be effective at once, even though
the act or event which gives rise thereto may have been done or may have
occurred under the prior legislation, provided said new right does not prejudice
or impair any vested or acquired right, of the same origin."
DISPOSITIONS
The decision appealed from is affirmed, without costs.