Beruflich Dokumente
Kultur Dokumente
Maglaya
FACTS:
Petitioner is the wife of the deceased while the respondent is the child of the deceased in his first wife. Respondent
seeks administration of the estate of the deceased but opposed by the surviving wife (2nd wife) alleging that the
respondent is an illegitimate child of the deceased.
ISSUE:
Whether or not the respondent is illegitimate precluding her to become the administratrix.
RULING:
Article 164 of the Family Code cannot be more emphatic on the matter: “Children conceived or born during the marriage
of the parents are legitimate.”
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:
2. Any other means allowed by the Rules of Court and special laws.
The court ruled that the respondent is not an illegitimate child of the deceased and is entitled to become the
administratrix of the latter’s property.