Petitioner: Ma. Theresa Alberto
G.R. No. 86639. June 2, 1994
MA. THERESA R. ALBERTO, petitioner, vs. COURT OF APPEALS, INTESTATE ESTATE OF JUAN M. ALBERTO, and YOLANDA R. ALBERTO, respondents.
A poignant pursuit of the daughter to be a child of the Governor
Topic: Persons and Family > Paternity and Filiation > Illegitimate Children > Proof of Filiation
Petitioner Ma. Theresa Alberto claims that she is the natural child of Governor Juan Alberto and Aurora Reniva out of wedlock and her reason is that she had been in continuous possession of the status of a natural child. On September 18, 1967, Juan M. Alberto, died intestate from a bullet of an assassin’s gun. His wife, now a widow, filed for a petition for the administration of his estate.
| Petitioner Ma. Theresa Alberto | Respondent Yolanda Alberto |
| used “Alberto” as her surname in all her school records and correspondences.(1) The Governor made direct acts as a fatherGave her money for schoolingMade her known to his friends as his daughterMade her known to the international school(2) Acts of Alberto’s familyFather’s sister asked petitioner to meet his fatherPriest brought her to the GovernorStep mother of deceased introduced her(3) Evidences and testimonials from Petitioner’s side | widow, Yolanda R. Alberto, filed a petition for the administration of his estate on January 10, 1968.Yolanda denied that Juan M. Alberto ever recognized Ma. Theresa Alberto as his daughter.presented in evidence Aurora Reniva’s letters… o prove that Juan M. Alberto refused to recognize Ma. Theresa Alberto as his own. |
Trial (“probate”) court granted petition, CA reversed.
Issue:
May the estate of Juan Alberto be ordered to petitioner Ma. Theresa on the ground that, even illegitimate, she was continuous possession of the status of a natural child based on her evidences?
Ruling:
Yes. Petition Granted
- Sufficient Documentary and Testimonial evidences established in favor of petitioner.
- The letters do not prove that Juan M. Alberto refused to recognize Ma. Theresa Alberto. All that the letters stated was that Aurora Reniva was having a difficult time raising a child by her own self and therefore, she was seeking the assistance of Juan M. Alberto.
- We hold that petitioner has been in continuous possession of the status of a natural child of the deceased in accordance with Article 283 of the Civil Code
- Evidence is sufficient that Juan M. Alberto took openly showed his paternity
Since the oppositor Ma. Theresa seeks a judicial declaration, Article 285 of the Civil Code governs. It provides:
“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.
Article 285 of the Civil Code
- The oppositor’s case falls clearly under the above exception.
- Juan Alberto died Sept 18, 1967 when petitioner was a minor
- Petition reaches age of majority Sept 18, 1974
- Filing expires Sept 18, 1978
- Petitioner filed Sept 15, 1978 (3 days before expiry)
Order of the Trial/Probate Court
- Declaring oppositor Ma. Theresa R. Alberto as having acquired the status of a natural child of the late Gov. Juan M. Alberto; (no legal impediments when she was conceived and born. Not a child of adulterous relationship)
- Ordering the administratrix and widow of the deceased and their children, namely, Mary Joy, Maria Rebecca, Juan, Jr., Juan III, Maria Yolanda and Juan IV, all surnamed Alberto, to recognize and acknowledge oppositor as an acknowledged natural child of the late Gov. Alberto;
- Declaring oppositor as one of the heirs of the late Gov. Juan M. Alberto;
- Ordering the administratrix to partition the deceased’s estate and turn over to oppositor her participation therein equivalent to one-half (1/2) of the share of each legitimate child; and
- Ordering the administratrix to pay oppositor the sum of P10,000.00 as attorney’s fees and expenses of litigation.
Costs against the administratrix.
Quintessence:
What a poignant novel this daughter could well author as she now seeks to establish indubitable parental links with a father who sired(begot) her some forty-one years ago.||| (Alberto v. Court of Appeals, G.R. No. 86639, [June 2, 1994], 302 PHIL 787-801)
Where the daughter admits to envy in a letter to her father’s friend because the latter played a greater role in her father’s life, this is but the natural expression of a wistful longing of a child to reach out to her biological father||| (Alberto v. Court of Appeals, G.R. No. 86639, [June 2, 1994], 302 PHIL 787-801)
Understandably, considering the strait-laced mores of the times and the social and political stature of Juan M. Alberto and his family, those who were privy to the relationship observed discreetness. But he himself openly visited his daughter||| (Alberto v. Court of Appeals, G.R. No. 86639, [June 2, 1994], 302 PHIL 787-801)
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