Synopsis:
Respondent Graciano (legal age) insists that he should be allowed to prove that he is an illegitimate child of his claimed father, who is already dead, in the absence of the documentary evidence required by the Civil Code, and only grounding his claim on the provision “The open and continuous possession of the status of a legitimate child; ” The trial court and CA sustained that he could.
Facts:
The alleged father, Apolinario, died in 1975, leaving his wife and four legitimate children as heirs. Respondent Graciano claimed he is illegitimate child and filed a complaint for partition against all the petitioners.
| Petitioner Legitimate Children of Apolinario | Respondent Graciano |
| none of the documents mentioned in Article 278 to show that he was the illegitimate son of Apolinario Uyguangco. | born in 1952 with Anastacia Bacjao moved to far place due to wife and family’s urging he received support from his father while he was studying at the Medina High School, where he eventually graduated. assigned by his father, without objection from the rest of the family, as storekeeper at the Uyguangco store with SCadmitted that he has none of the documents mentioned in the first paragraph, he insists that he has nevertheless been “in open and continuous possession of the status of an illegitimate child,” |
SC:
under the second paragraph of Article 172 of the Family Code, his action is now barred because of his alleged father’s death in 1975.
Article 175 reads as follows:
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.
Rationale behind the rule:
“It is a truism that unlike legitimate children who are publicly recognized, illegitimate children are usually begotten and raised in secrecy and without the legitimate family being aware of their existence. Who then can be sure of their filiation but the parents themselves? But suppose the child claiming to be the illegitimate child of a certain person is not really the child of the latter? The putative parent should thus be given the opportunity to affirm or deny the child’s filiation, and this, he or she cannot do if he or she is already dead.”
Note: Rule 130 of the Rules of Court.
illegitimate child is now also allowed to establish his claimed filiation by “any other means allowed by the Rules of Court and special laws,” like his baptismal certificate, a judicial admission, a family Bible in which his name has been entered, common reputation respecting his pedigree, admission by silence, the testimonies of witnesses, and other kinds of proof admissible.
Proposed remedy by the Court:
But that is the law and we have no choice but to apply it. Even so, the Court expresses the hope that the parties will arrive at some kind of rapprochement, based on fraternal and moral ties if not the strict language of the law, that will allow the private respondent an equitable share in the disputed estate. Blood should tell.
English