Persons Overload

BERNABE vs. ALEJO G.R. No. 140500. January 21, 2002

BERNABE vs. ALEJO

ERNESTINA BERNABE, petitioner, vs. CAROLINA ALEJO as guardian ad litem for the minor ADRIAN BERNABE, respondent.

SUMMARY:

The right to seek recognition granted by the Civil Code to illegitimate children who were still minors at the time the Family Code took effect cannot be impaired or taken away. The minors have up to four years from attaining majority age within which to file an action for recognition.

FACTS:

1.      The late Fiscal Ernesto A. Bernabe allegedly fathered a son with his secretary, Carolina Alejo, of 23 years.

2.    The son, Adrian Bernabe was born on September 18, 1981. Fiscal Bernabe died on August 13, 1993, and his wife Rosalina died on December 3 of the same year, leaving Ernestina as the sole surviving heir.

3.    May 16, 1994, Carolina, in behalf of Adrian, filed complaint that Adrian be declared an acknowledged a legitimate son of Fiscal Bernabe and be given share in Fiscal Bernabes estate.

4.    RTC dismissed the complaint, ruling that under the provisions of the Family Code (took effect on 1988) as well as the case of Uyguangco vs. CA, the complaint is now barred.

5.    RTC granted Ernestina’s Motion for Reconsideration 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.

6.    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.

ISSUES:

1.      W/N Family Code should be applied retroactively

W/N Adrian Bernabe, an illegitimate son, has a right to be recognized

HELD:

1.      NO. FC should not be applied retroactively

a.    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.

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.

a.    Article 285 of the Civil Code is a substantive law, it gives Adrian the right to file his petition for recognition within four years from attaining majority age.

b.    The subsequent enactment of the Family Code did not take away that right. (FC did not apply retroactively because it will impair this vested right)

2.      RTC said that the 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 child’s filiation.

Illegitimate children who were still minors at the time the Family Code took effect and whose putative parent died during their minority are thus given the right to seek recognition (under Article 285 of the Civil Code) for a period of up to four years from attaining majority age. This vested right was not impaired or taken away by the passage of the Family Code.

Adrian was only 7 y/o when the Family Code took effect and only 12 when his alleged father died in 1993. The minor must be given his chance to exercise his right.

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.