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Title: ROSALINA ECETA VS MA.

THERESA ECETA

Facts:

Rosalina Vda de Eceta was married to Isaac Eceta in 1926. They had a son named Vicente. The
husband died in 1967 leaving Rosalina and Vicente as his compulsory heirs. However, the
deceased has an illegitimate daughter named Maria Theresa whose grandmother was Rosalina,
the petitioner.

Maria Theresa filed a case before the RTC, for "Partition and Accounting with Damages" against
Rosalina alleging that by virtue of her fathers death, she became Rosalinas co-heir and co-owner
of the Cubao property. In her answer, Rosalina alleged that the property is paraphernal in nature
and thus belonged to her exclusively.

During the pre-trial conference, the parties entered into a stipulation of facts wherein they both
admitted their relationship to one another, i.e., that Rosalina is Maria Theresas grandmother.

RTC granted the partition which affirmed by the CA with modification

ISSUE: WON the admission made by Rosalina that Theresa was her granddaughter is enough to
prove the filiation with the deceased.

HELD: PETITION DENIED

The filiation of illegitimate children, like legitimate children, is established by:

(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 thereof, 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.

The due recognition of an illegitimate child in a record of birth, a will, a statement before a court of
record, or in any authentic writing is, in itself, a consummated act of acknowledgement of the child,
and no further court action is required. In fact, any authentic writing is treated not just a ground for
compulsory recognition; it is in itself a voluntary recognition that does not require a separate action
for judicial approval. However, what was tried before the trial court and CA was for partition and
accounting of damages only. The filiation or compusolry recognition by Vicente of Theresa was never
put in issue. In fact both agreed in the trial courts pre trial order that Theresa was Rosalinas
granddaughter. The deceased establishing acknowledgement of his paternity over Theresa
nevertheless signed the duly authenticated birth certificate shown by the latter. Hence, the Court
granted 1/8 share of the land to Theresa.

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