Liyao vs. Liyao Digest

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G.R. No. 138961. March 7, 2002

Facts

William Liyao Jr. filed an action for compulsory recognition as the illegitimate son of William Liyao. Corazon, the mother of Liyao Jr. allegedly cohabited with William Liyao from which the petitioner was conceived and born. Corazon had a subsisting marriage with Ramon Yulo when she cohabited with William Liyao (Sr.).

Issue

May William Liyao Jr. impugn his legitimacy as a child of Ramon Yulo to claim the estate of his supposed father, William Liyao?

Ruling

No. The action of the petitioner of compelling respondents to recognize him as an illegitimate son of the late William Liyao cannot prosper because he was born within a valid marriage between Corazon and Yulo. He is presumed to be the legitimate son of Yulo even the mother countered it or may have been sentenced as an adulteress.

The fact that they were living separately and that there was a physical impossibility for Yulo and Corazon to have sex can only be invoked by Yulo or his heirs and not by William Liyao.