FIRST DIVISION

G.R. No. 157037. May 20, 2004

ROSALINA P. ECETA, petitioner,
vs
MA. THERESA VELL LAGURA ECETA, respondent.
PONENTE: YNARES-SANTIAGO, J.

Facts:
In 1977, Vicente Eceta died leaving his compulsory heirs
petitioner [his mother] and respondent, his illegitimate
daughter. In 1991, respondent filed a petition in RTC Quezon
for partition against petitioner alleging that by virtue of her
fathers [Vicentes] death, she became petitioners co-heir and
co-owner of the subject property [land]. In her answer,
petitioner alleged that the property is paraphernal in nature,
thus belonged to her exclusively.

After trial, the RTC granted the petition entitling respondent to

one fourth share of the property. On appeal, the CA affirmed
the RTC decision. Respondent moved to reconsider, but was
denied. Hence, the present petition for review.

Issues:
1. Whether or not the certified xerox copy from a xerox copy
of the certificate of live birth is competent evidence to
prove the filiation of respondent as an illegitimate daughter
of her father Vicente Eceta. [YES]
2. Whether or not the admission by petitioner that respondent
is her granddaughter is enough to prove respondents
filiation with Vicente Eceta, the only son of petitioner. [YES]

Ruling:
Petition is Denied.

We note Rosalinas attempt to mislead the Court by

representing that this case is one for compulsory recognition,
partition and accounting with damages.[5] Notably, what was
filed and tried before the trial court and the Court of Appeals is
one for partition and accounting with damages only. The
filiation, or compulsory recognition by Vicente Eceta of Maria
Theresa, was never put in issue. In fact, both parties have
already agreed and admitted, as duly noted in the trial courts
pre-trial order,[6] that Maria Theresa is Rosalinas
granddaughter.

Notwithstanding, Maria Theresa successfully established

her filiation with Vicente by presenting a duly authenticated
birth certificate.[7] Vicente himself signed Maria Theresas birth
certificate thereby acknowledging that she is his daughter. By
this act alone, Vicente is deemed to have acknowledged his
paternity over Maria Theresa, thus:

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.[8]

- Digested [24 October 2017, 22:02]

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