Beruflich Dokumente
Kultur Dokumente
ISSUE – Is the property a family home? sold the same to the late Pablito (sic) Taneo father of the herein
FACTS plaintiff on September 18, 1941, by virtue of an Escritura de
Jose Modequillo and Benito Malubay were ordered to pay RULING Venta. That on July 19, 1951 Abdon Gilig with his wife filed a
jointly and severally to plaintiff-appelants pertaining to No. Civil Case No. 590 for recovery of property against Pablo Taneo,
damages from a vehicular accident killing Audi Salinas and et al., wherein Judgment was rendered on June 24, 1964, in
injuring Renato Culan Although article 162 states that “the provision of this chapter favor of Abdon Gilig and against Pablo Taneo ordering the
July 7 1988, for payment, the sheriff levied a parcel of shall also govern residences insofar as said provisions are latter to pay damages in the amount of P5,000.00
residential land located at Poblacion Malalag Surigao Del Sur applicable It does not mean that Article 152 and 153 shall
registered in the name of Jose Modequillo. have a retroactive effect that all existing family residences are As a result of a judgment in Civil Case No. 590 (for recovery of
Jose Medequillo motioned to quash the levy of execution and deemed to have been constituted as family homes at the time property) in favor of private respondent, two (2) of petitioners'
alleged that the residential land were their family home built of their occupation prior to the effectivity of the family code properties were levied to satisfy the judgment amount of
in 1969 prior to the commencement of the case and hence and are exempt for payment of obligations. about P5,000.00: one was a parcel of land located in Barrio
exempt from execution, forced sale or attachment under It means that all existing family residences at the time of the Igpit, Municipality of Opol, Misamis Oriental with an area of
Article 152 and 153 of Family Code except for the liabilities effectivity of the family code are prospectively entitled to the about five (5) hectares, and the other was the family home also
mentioned in Article 155. The debt sought is not one of those benefits accorded to a family home under family code. located at Igpit, Opol, Misamis Oriental.
enumerated under Article 155 of FC In our present case, the house and lot became a family home
Art. 152. The family home, constituted jointly by the upon the effectivity of the family code in august 3 1988 but it The subject properties were sold at public auction on February
husband and the wife or by an unmarried head of a does not mean that family residences not considered as 12, 1966 to the private respondent as the highest bidder.
family, is the dwelling house where they and their family homes prior to the family code would be retroactively Consequently, after petitioners' failure to redeem the same, a
family reside, and the land on which it is situated. deemed as family homes at the time of their occupation. final deed of conveyance was executed on February 9, 1968,
Art. 153. The family home is deemed constituted on Since the debt arose from the time of the accident (march 16, definitely selling, transferring, and conveying said properties to
a house and lot from the time it is occupied as a 1976) and the judgment (January 29,1988) was before the the private respondent.
family residence. From the time of its constitution effectivity of the family code (august 3, 1988). This does not To forestall such conveyance, petitioners filed an action on
and so long as any of its beneficiaries actually fall under the exemptions from executions provided in the November 5, 1985 (docketed as Civil Case No. 10407) to
resides therein, the family home continues to be family code. declare the deed of conveyance void and to quiet title over the
such and is exempt from execution, forced sale or As to the argument that it is an agricultural land, the trial land with a prayer for a writ of preliminary injunction.
attachment except as hereinafter provided and to court correctly riled that the levy be levied on whatever rights Petitioners aver that the house which their father constituted
the extent of the value allowed by law. the petitioner may have on the land. as family home is exempt from execution.
Art. 155. The family home shall be exempt from
execution, forced sale or attachment except: Decision In its decision of March 27, 1989, the RTC dismissed the
(1) For non-payment of taxes; Peittion dismissed. complaint. On appeal, the Court of Appeals affirmed in toto the
(2) For debts incurred prior to the decision of the RTC.
constitution of the family home;
ISSUE:
(3) For debts secured by mortgages on the G.R. No. 108532 March 9, 1999
premises before or after such PABLITO TANEO, JR., JOSE TANEO, NENA T. CATUBIG and HUSBAND,
constitution; and CILIA T. MORING and HUSBAND, petitioners, Whether or not Taneo’s family home is exempt from
execution.
(4) For debts due to laborers, mechanics, vs.
architects, builders, material men and COURT OF APPEALS and ABDON GILIG, respondents.
RULING:
others who have rendered service or Article 153. The family home is deemed constituted on a house and lot
furnished material for the construction of from the time it is occupied as a family residence. From the time of its
constitution and so long as any of its beneficiaries actually resides The contention is not well-taken.
the building
Trial court denied the motion. therein, the family home continues to be such and is exempt from
execution, forced sale or attachment except as hereinafter provided While Article 153 of the Family Code provides that the family
Respondents contend that it only became family home in home is deemed constituted on a house and lot from the time
and to the extent of the value allowed by law.
1988 and the family code took effect. The house and lot did it is occupied as a family residence, it does not mean that said
not qualify, as a family home since the Family code provision article has a retroactive effect such that all existing family
FACTS:
on family homes do not retroact. residences, petitioner's included, are deemed to have been
constituted as family homes at the time of their occupation that the house was erected not on the land which the Taneos property, which the petitioners thereafter occupied as their
prior to the effectivity of the Family Code and henceforth, are owned but on the land of one Plutarco Vacalares. By the very family home after they got married sometime in January 1987.
exempt from execution for the payment of obligations incurred definition of the law that the "family home is the dwelling Sometime in September 1988, Araceli obtained a loan from
before the effectivity of the Family Code on August 3, 1988 house where a person and his family resides and the land on Claudio D. Acero, Jr. (Claudio) in the amount of ₱100,000.00,
(Mondequillo vs. Breva, 185 SCRA 766). Neither does Article which it is situated," it is understood that the house should be which was secured by a mortgage over the subject property. As
162 of said Code state that the provisions of Chapter 2, Title V constructed on a land not belonging to another. Apparently, payment, Araceli issued a check drawn against China Banking
thereof have retroactive effect. It simply means that all existing the constitution of a family home by Pablo Taneo in the instant Corporation payable to Claudio.
family residences at the time of the effectivity of the Family case was merely an afterthought in order to escape execution When the check was presented for payment, it was dishonored
Code are considered family homes and are prospectively of their property but to no avail. as the account from which it was drawn had already been
entitled to the benefits accorded to a family home under the closed. The petitioners failed to heed Claudio’s subsequent
Family Code (Modequillo vs. Breva, supra). Since petitioner's demand for payment.
debt was incurred as early as November 25, 1987, it preceded G.R. No. 185064 January 16, 2012 Thus, on April 26, 1990, Claudio filed with the Prosecutor's
the effectivity of the Family Code. His property is therefore not Office of Malolos, Bulacan a complaint for violation of Batas
exempt from attachment . SPOUSES ARACELI OLIVA-DE MESA and ERNESTO S. DE Pambansa Blg. 22 (B.P. 22) against the petitioners. After
MESA, Petitioner, preliminary investigation, an information for violation of B.P.
The applicable law, therefore. in the case at bar is still the Civil vs. 22 was filed against the petitioners with the Regional Trial
Code where registration of the declaration of a family home is SPOUSES CLAUDIO D. ACERO, JR. and MA. RUFINA D. ACERO, SHERIFF Court (RTC) of Malolos, Bulacan.
a prerequisite. Nonetheless, the law provides certain instances FELIXBERTO L. SAMONTE and REGISTRAR ALFREDO
where the family home is not exempted from execution, forced SANTOS, Respondents. RTC's DECISION (in Malolos, Bulacan): On October 21, 1992, the RTC
sale or attachment. rendered a Decision3 acquitting the petitioners but ordering them to pay
DECISION Claudio the amount of ₱100,000.00 with legal interest from date of
Art. 243 reads: demand until fully paid.
While it is true that the family home is exempt from execution or forced
The family home extrajudicially formed shall be exempt from sale, such claim for exemption should be set up and proved to the Sheriff
On March 15, 1993, a writ of execution was issued and Sheriff
execution, forced sale or attachment, except: before the sale of property at public auction. Failure to do so would
Felixberto L. Samonte (Sheriff Samonte) levied upon the
(1) For nonpayment of taxes; estop the party from later claimin the exemption.
subject property.
(2) For debts incurred before the declaration was recorded in
PONENTE: REYES, J. On March 9, 1994, the subject property was sold on public
the Registry of Property;
auction; Claudio was the highest bidder and the corresponding
(3) For debts secured by mortgages on the premises before or
Nature of the Petition certificate of sale was issued to him.
after such record of the declaration;
(4) For debts due to laborers, mechanics, architects, builders,
material-men and others who have rendered service or This is a petition for review on certiorari under Rule 45 of the Rules of Sometime in February 1995, Claudio leased the subject
furnished material for the construction of the building. Court filed by the Spouses Araceli Oliva-De Mesa (Araceli) and Ernesto S. property to the petitioners and a certain Juanito Oliva (Juanito)
De Mesa (Ernesto), assailing the Court of Appeals’ (CA) Decision1 dated for a monthly rent of ₱5,500.00. However, the petitioners and
June 6, 2008 and Resolution2 dated October 23, 2008 in CA-G.R. CV No. Juanito defaulted in the payment of the rent and as of October
The trial court found that on March 7, 1964, Pablo Taneo
79391 entitled "Spouses Araceli Oliva-De Mesa and Ernesto De Mesa v. 3, 1998, their total accountabilities to Claudio amounted to
constituted the house in question, erected on the land of
Spouses Claudio Acero, Jr., et al." ₱170,500.00.
Plutarco Vacalares, as the family home. The instrument
constituting the family home was registered only on January Meanwhile, on March 24, 1995, a Final Deed of Sale4 over the
24, 1966. The money judgment against Pablo Taneo was The Antecedent Facts subject property was issued to Claudio and on April 4, 1995,
rendered on January 24, 1964. Thus, at that time when the the Register of Deeds of Meycauayan, Bulacan cancelled TCT
"debt" was incurred, the family home was not yet constituted This involves a parcel of land situated at No. 3 Forbes Street, No. T-76.725 (M) and issued TCT No. T-221755 (M)5 in his favor.
or even registered. Clearly, petitioners' alleged family home, as Mount Carmel Homes Subdivision, Iba, Meycauayan, Bulacan, Unable to collect the aforementioned rentals due, Claudio and
constituted by their father is not exempt as it falls under the which was formerly covered by Transfer Certificate of Title his wife Ma. Rufina Acero (Rufina) (collectively referred to as
exception of Article 243 (2). (TCT) No. T-76.725 (M) issued by the Register of Deeds of Spouses Acero) filed a complaint for ejectment with the
Meycauayan, Bulacan and registered under Araceli’s name. Municipal Trial Court (MTC) of Meycauayan, Bulacan against
Moreover, the constitution of the family home by Pablo Taneo The petitioners jointly purchased the subject property on April the petitioners and Juanito. In their defense, the petitioners
is even doubtful considering that such constitution did not 17, 1984 while they were still merely cohabiting before their claimed that Spouses Acero have no right over the subject
comply with the requirements of the law. The trial court found marriage. A house was later constructed on the subject property. The petitioners deny that they are mere lessors; on
the contrary, they are the lawful owners of the subject 2. Whether the lower courts erred in refusing to cancel Claudio’s In the earlier case of Kelley, Jr. v. Planters Products, Inc.,22 we stressed
property and, thus cannot be evicted therefrom. Torrens title TCT No. T-221755 (M) over the subject property. that:
[A:NO]. -Family home Under the Family Code, there is no need to constitute the family home
MTC'S DECISION: Giving due course to Spouses Acero’s complaint and judicially or extrajudicially. All family homes constructed after the
ordering the petitioners and Juanito to vacate the subject property. RULING: effectivity of the Family Code (August 3, 1988) are constituted as such by
Finding merit in Spouses Acero’s claims, the MTC dismissed the 2. Anent the second issue, this Court finds that the CA did not err in operation of law. All existing family residences as of August 3, 1988 are
petitioners' claim of ownership over the subject property. According to dismissing the petitioners’ complaint for nullification of TCT No. T- considered family homes and are prospectively entitled to the benefits
the MTC, title to the subject property belongs to Claudio as shown by TCT 221755 (M). accorded to a family home under the Family Code.23 (emphasis supplied
No. T-221755 (M). The subject property is a family home. and citation omitted.
The petitioners maintain that the subject property is a family home and, The foregoing rules on constitution of family homes, for purposes of
Also stated that from the time a Torrens title over the subject property accordingly, the sale thereof on execution was a nullity. In Ramos v. exemption from execution, could be summarized as follows:
was issued in Claudio’s name up to the time the complaint for ejectment Pangilinan,20 this Court laid down the rules relative to exemption of
was filed, the petitioners never assailed the validity of the levy made by family homes from execution: First, family residences constructed before the effectivity of
Sheriff Samonte, the regularity of the public sale that was conducted For the family home to be exempt from execution, distinction must be the Family Code or before August 3, 1988 must be constituted
thereafter and the legitimacy of Claudio’s Torrens title that was made as to what law applies based on when it was constituted and what as a family home either judicially or extrajudicially in
resultantly issued. requirements must be complied with by the judgment debtor or his accordance with the provisions of the Civil Code in order to be
successors claiming such privilege. Hence, two sets of rules are exempt from execution;
The petitioners appealed the MTC’s July 22, 1999 Decision to applicable. Second, family residences constructed after the effectivity of
the RTC. 1st Rule: If the family home was constructed before the effectivity of the the Family Code on August 3, 1988 are automatically deemed
Family Code or before August 3, 1988, then it must have been to be family homes and thus exempt from execution from the
RTC'S DECISION: This appeal was, however, dismissed in a Decision constituted either judicially or extra-judicially as provided under time it was constituted and lasts as long as any of its
dated November 22, 1999 due to the petitioners’ failure to submit their Articles 225, 229-231 and 233 of the Civil Code. beneficiaries actually resides therein;
Memorandum. The petitioners sought reconsideration of the said Third, family residences which were not judicially or
decision but the same was denied in an Order dated January 31, 2000. Judicial constitution of the family home requires the filing of a extrajudicially constituted as a family home prior to the
verified petition before the courts and the registration of the effectivity of the Family Code, but were existing thereafter, are
CA'S DECISION: Assailing the RTC’s November 22, 1999 Decision and court’s order with the Registry of Deeds of the area where the considered as family homes by operation of law and are
January 31, 2000 Order. In a December 21, 2006 Decision,8 the CA denied property is located. Meanwhile, extrajudicial constitution is prospectively entitled to the benefits accorded to a family
the petitioner’s petition for review. This became final on July 25, 2007.9 governed by Articles 240 to 242 of the Civil Code and involves home under the Family Code.
In the interregnum, on October 29, 1999, the petitioners filed against the the execution of a public instrument which must also be
respondents a complaint10 to nullify TCT No. T-221755 (M) and other registered with the Registry of Property. Failure to comply with Here, the subject property became a family residence sometime in
documents with damages with the RTC of Malolos, Bulacan. Therein, the either one of these two modes of constitution will bar a January 1987. There was no showing, however, that the same was
petitioners asserted that the subject property is a family home, which is judgment debtor from availing of the privilege. judicially or extrajudicially constituted as a family home in accordance
exempt from execution under the Family Code and, thus, could not have with the provisions of the Civil Code. Still, when the Family Code took
been validly levied upon for purposes of satisfying the March 15, 1993 2nd Rule: or family homes constructed after the effectivity of the Family effect on August 3, 1988, the subject property became a family home by
writ of execution. Code on August 3, 1988, there is no need to constitute extrajudicially or operation of law and was thus prospectively exempt from execution. The
judicially, and the exemption is effective from the time it was constituted petitioners were thus correct in asserting that the subject property was
On September 3, 2002, the RTC rendered a Decision,11 which dismissed and lasts as long as any of its beneficiaries under Art. 154 actually resides a family home.
the petitioners’ complaint. Citing Article 155(3) of the Family Code, the therein. The family home’s exemption from execution must be set up and
RTC ruled that even assuming that the subject property is a family home, proved to the Sheriff before the sale of the property at public auction.
the exemption from execution does not apply. A mortgage was Moreover, the family home should belong to the absolute
constituted over the subject property to secure the loan Araceli obtained community or conjugal partnership, or if exclusively by one RATIONALE:
from Claudio and it was levied upon as payment therefor. spouse, its constitution must have been with consent of the
other, and its value must not exceed certain amounts Despite the fact that the subject property is a family home and, thus,
On appeal, the CA affirmed the RTC’s disposition in its Decision13 dated depending upon the area where it is located. Further, the debts should have been exempt from execution, we nevertheless rule that the
June 6, 2008. incurred for which the exemption does not apply as provided CA did not err in dismissing the petitioners’ complaint for nullification
under Art. 155 for which the family home is made answerable of TCT No. T-221755 (M). We agree with the CA that the petitioners
ISSUES: must have been incurred after August 3, 1988.21 should have asserted the subject property being a family home and its
It would have been only from the date of the judgment of the trial HOWEVER, before Article 287 can be availed of, THERE MUST The entry in the Certificate of Live Birth that Leoncia and Artemio
court that support should have commenced, if so granted. FIRST BE A RECOGNITION OF PATERNITY EITHER VOLUNTARILY was falsely stated therein as married does not mean that
OR BY COURT ACTION. This arises from the legal principle that an Merceditas is not appellee's daughter. This particular entry was
Under the law in force when the complaint was filed, an unrecognized spurious child like a natural child has no rights from caused to be made by Artemio himself in order to avoid
adulterous child cannot maintain an action for compulsory his parents or to their estate because his rights spring not from the embarrassment.
recognition filiation or blood relationship but from his acknowledgment by the
parent It is difficult to believe that plaintiffs mother, who is a mere
In order that the birth certificate may constitute a voluntary dressmaker, had long beforehand diabolically conceived of a plan
recognition, it must be signed by the father In other words, the rights of an illegitimate child arose to make it appear that defendant, who claims to be a total
not because he was the true or real child of his parents stranger to be a total stranger, was the father of her child, and in
Equivocal act, such as signing under the caption "parent" in the but because under the law, he had been recognized or the process falsified the latter's signatures and handwriting.
report card, is not sufficient acknowledged as such a child (The relevant law on the
matter is Article 283 of the Civil Code) The natural, logical and coherent evidence of plaintiff from the
Merceditas has never been to the family home of petitioner at genesis of the relationship between Leoncia and Artemio, their
Imus, Cavite; nor introduced to his family; nor brought around The belated denial of paternity after the action has been filed living together as circumstances of Merceditas birth, the acts of
town by him, treated as his child, introduced to other people as his against the putative father is not the denial that would destroy the Artemio in recognizing and supporting Merceditas, find ample
child, led people to believe that she was part of his family paternity of the child which had already been recognized by support from the testimonial and documentary evidence which
defendant by various positive acts clearly evidencing that he is leaves no room to reasonably doubt his paternity which may not
HELD/RULING plaintiff's father. A recognition once validly made is irrevocable. It be infirmed by his belated denials.
cannot be withdrawn. A mere change of mind would be
YES. incompatible with the stability of the civil status of person, the WHEREFORE, the petition is hereby DENIED. The decision of
permanence of which affects public interest. Even when the act in the Court of Appeals dated December 17, 1991 and its resolution
Under the then prevailing provisions of the Civil Code, illegitimate dated February 26, 1992 are AFFIRMED
which it is made should be revocable, the revocation of such act
children or those who are conceived and born out of wedlock were
will not revoke the recognition itself (1 Tolentino, pp. 579-580,
generally classified into two groups:
1983 Ed.)
LEGITIMATE CHILDREN
c. He made known to the personnel of the International School i. Her uncles and aunts, i.e., brothers and sisters of her father,
G.R. No. 86639 June 2, 1994 where oppositor was enrolled that she was his daughter. regarded her as their niece and introduced her to others as the eldest
MA. THERESA R. ALBERTO, petitioner, 2. The following incidents would show the direct acts of the daughter of Juan Alberto.
vs. family of the deceased. j. The children of the brothers and sisters of Juan Alberto
COURT OF APPEALS, INTESTATE ESTATE OF JUAN M. ALBERTO, and a. When the deceased’s younger sister, Mrs. Aurita Alberto recognized her as their cousin.
YOLANDA R. ALBERTO, respondents. Solidum asked that the oppositor be sent to her house in her Sunday best 3.3. Jose Tablizo testified that:
The father is obliged to recognize the child as his natural child when the to meet her father for the first time; a. There was a strong physical resemblance between the
child is in continuous possession of status of a child of the alleged father b. When Fr. Arcilla brought the oppositor to the bedside of the deceased and the oppositor.
by the direct acts of the latter or his family. deceased in the hospital and Fr. Arcilla asked the guard to give way to b. The deceased and the oppositor wrote similarly.
PONENTE: ROMERO, J. her as she was a member of the family; c. It was known among the friends of the deceased, particularly
c. When the step-mother of the deceased, during the wake, the Breeze Gang, composed of the witness, Jose Tablizo, the deceased
NATURE OF THE CASE introduced the oppositor to her youngest sister as an elder sister. and 4 others.
On September 18, 1953, a child named Ma. Theresa Alberto 3. Prescinding from the foregoing, there is sufficient evidence to d. Sometime in 1967, the deceased showed him the report card
was born out of wedlock to one Aurora Reniva with Juan M. prove that the oppositor is the child of the deceased. of the Oppositor and boasted of her high grades.
Alberto as the alleged father. Accordingly, she used "Alberto" 3.1. Oppositor’s mother, Aurora Reniva, testified: e. The friends of the deceased had a party in Virac, Catanduanes
as her surname in all her school records and correspondences. a. of an indiscretion that led to the conception of and giving birth for the oppositor whom they considered as the deceased’s daughter.
On September 18, 1967, Juan M. Alberto, felled by a bullet to the oppositor; (This was corroborated by Silverio Taberara.)
from an assassin’s gun, died intestate. His widow, Yolanda R. b. that Mrs. Aurita Solidum arranged the meeting between the 4. Atty. Martiniano Vivo testified that Commissioner of
Alberto, filed a petition for the administration of his estate on oppositor and the deceased at the MOPC; (This particular testimony was Immigration Edmundo Reyes, as lawyer for the deceased, made an
January 10, 1968. After the publication of notices, she was corroborated by Cristeta Andaya, former maid of Mrs. Solidum, and by appointment with him (Atty. Vivo) for a conference, at which they
appointed as the administratrix of the estate. the oppositor) and discussed the latter’s letter to the deceased regarding the oppositor. In
After the Inventory and Appraisal and the Administratrix' c. that Juan Alberto had been sending her money from time to said conference, Com. Reyes said that the deceased was not denying that
Accounting were approved on August 1, 1970 and on April 29, time. he was the father of the oppositor. And because of his marital status and
1971 respectively, the proceedings were ordered closed and 3.2. Oppositor also testified that: the fact that he was a public official, he wanted to avoid public scandal
terminated. a. She had her first meeting with her father at the MOPC where with the promise to support the oppositor quietly through a cousin, Fr.
he gave her P500.00 personally and two telephone numbers where he Arcilla.
On September 15, 1978, Ma. Theresa Alberto filed a motion for
could be contacted and where they talked about her name, age and other
leave to intervene as oppositor and to re-open the proceedings
matters. CA RULING
praying that she be declared to have acquired the status of a
b. She had other meetings with her father at the MOPC on which The Court of Appeals reversed the above decision of the probate court.
natural child and as such, entitled to share in the estate of the
occasions her father also gave her money.
deceased.
c. The deceased visited her two times at the International School Assuming the foregoing to be true, they do not satisfy the degree of proof
whose rules on visitors were strict and when her father visited her, the to establish that oppositor was in continuous possession of the status of
PROBATE COURT RULING
secretary of the principal told her that her father was waiting for her. This a natural child of the deceased. They may show that the defendant was
Upon the presentation by the parties of their respective evidence during
showed that the deceased had identified himself to the personnel of the convinced of his paternity in relation to the children; but they do not
the trial, the probate court was convinced that indeed, Ma. Theresa
school that he was the father of the oppositor. show any intent on his part to place such children in the possession of
Alberto had been ontinuous possession of the status of a natural child.
d. He promised to see her in her school during her birthday on status of natural children. The continued possession of such status
Thereupon, it rendered a decision compelling the decedent’s heirs and
September 18, 1968 but was not able to do so because of his untimely cannot be founded on conjectures and presumption. So, also, the mere
estate to recognize her as a natural daughter and to allow her to
death. fact that defendant’s mother used to visit the child, cannot be considered
participate in the estate proceedings.
e. The deceased promised to bring the oppositor to Catanduanes as conduct of his family sufficient to confer the uninterrupted possession
The probate court’s findings are quoted hereunder, to wit:
but failed likewise because of his death. of the status of a natural child.
1. In the case at bar, the Court believes, and so holds, that the
f. When oppositor and her mother went to the PGH on the
oppositor has been in continuous possession of the status of a
occasion of her father’s death, Fr. Arcilla held her by the hand and asked We find the evidence of oppositor-appellee even weaker. As a matter of
child of Juan Alberto by his direct acts as well as the acts of his
the guard to make way for her because she was a child of Juan Alberto. fact, a letter written by oppositor to Jose Tablizo after the death of the
family, as follows:
g. After the wake for her deceased father, the deceased’s step- deceased, betrays a lack of association between the deceased and
a. The deceased gave the oppositor sums of money for her
mother, Saturnina Alberto, introduced her as a sister to Joy Alberto her oppositor such as normally characterizes the relationship between father
schooling;
half-sister. and child. It gives the impression that the deceased studiously distanced
b. The deceased made known to his friends and relatives that she
h. Congressman Jose Alberto allowed her associates, upon her himself from the oppositor and had no intention whatsoever of
was his daughter; and
representations, to use the ballroom of the Regent of Manila for practice recognizing oppositor as his child. The pertinent portion of the letter
purposes. Congressman Alberto was the owner of the Regent of Manila. reads:
I have always been proud to be JMA’s eldest daughter, and I feel In view of the foregoing, we hold that petitioner has been in continuous Petitioners averred that they were the children of deceased Catalino
even prouder after I heard from people like you. You were the ones possession of the status of a natural child of the deceased in accordance Gono, an acknowledged natural child of Juan Casocot, who, by intestate
that knew him most, shared his dreams as a young man, and with Article 283 of the Civil Code which provides, inter alia: succession, should thus be held to be the owners of the property.
witnessed his struggle from Palmera’s slums to Forbes Park. You saw Art. 283. In any of the following cases, the father is obliged to Additionally, they asserted that one of the petitioners, Anunciacion
him rise from cargador to lawyer and, finally, to governor; I only recognize the child as his natural child: Gono-Javier purchased the parcels of land from the Provincial
heard about them through Mama. His life was a novel, and if I were 2. When the child is in continuous possession of status of a child Government of Agusan following the levy thereof for tax delinquency.
to help write it, I would be able to contribute but a few pages, for I of the alleged father by the direct acts of the latter or his family.
knew him only as a Big Man. It is YOU who had a part in the first Respondents Contention
adventures of that same novel, and I envy you. Since the oppositor seeks a judicial declaration that she be recognized as In their answer, private respondents, all nephews and nieces of Juan
a natural child to enable her to participate in the estate of the deceased, Casocot except for Carlos Monte de Ramos, a grandnephew, and Nonito
Hence this petition. Article 285 of the Civil Code prescribing the period when such action Marave, a stranger, to whom a portion of one of the parcels of land had
should be brought governs. It provides: been sold, contended that:
Art. 285. The action for the recognition of natural children may be
ISSUE brought only during the lifetime of the presumed parents, except in 1. since the complaint had failed to state that Catalino Gono had
Whether or not the estate and heirs of deceased Juan M. Alberto be the following cases: been recognized by Juan Casocot either in a record of birth or
ordered to recognize petitioner as the deceased’s natural daughter on 1. If the father or mother died during the minority of the in a will, an independent action for voluntary recognition
the basis of the evidence presented by petitioner to establish her claim child, in which case the latter may file the action before should have first been instituted to permit any intestate
that she has been in continuous possession of the status of a natural child the expiration of four years from the attainment of his successional right to legally pass to petitioners.
(Yes) majority. 2. questioned property had been sold by Juan Casocot to private
respondents Restituta and Fermin Casocot and a portion to
Juan M. Alberto died during the minority of petitioner, that is, on private respondent Marave. Private respondents belied the
Private respondent, Yolanda Alberto, the sole witness for private September 18, 1967 — the day petitioner turned fourteen. As such, claim that petitioner Gono-Javier purchased the property
respondents, denied that Juan M. Alberto ever recognized Ma. Theresa petitioner had four years from the time she reached twenty-one on from the Provincial Government of Agusan.
Alberto as his daughter. She presented in evidence letters to prove that September 18, 1974, which was then the age of majority, within which 3. defense of prescription was raised on the ground that private
Juan M. Alberto refused to recognize Ma. Theresa Alberto as his own. to bring the aforesaid action. Thus, petitioner had until September 18, respondents had been in possession of the disputed property
1978 within which to file the action for recognition. Petitioner filed her in good faith and for value for more than 17 years before
However, these letters do not prove that Juan M. Alberto refused to motion for leave to intervene as oppositor and to re-open the petitioners' action was instituted.
recognize Ma. Theresa Alberto. All that the letters stated was that Aurora proceedings with the prayer that she be declared to have acquired the
Reniva was having a difficult time raising a child by her own self and status of a natural child and as such, entitled to share in the estate of the
RTC rendered judgment for petitioners declaring them to be the
therefore, she was seeking the assistance of Juan M. Alberto. deceased, on September 15, 1978. Said motion was, therefore,
lawful owners of the property. The court, in rejecting the claim of
seasonably filed three days before the expiration of the four-year period.
ownership made by private respondents, opined
Moreover, it is noteworthy that Juan M. Alberto never took any step to
stop petitioner from using his surname. RULING
WHEREFORE, in view of the foregoing, this petition is hereby GRANTED, 1. that the deed of sale executed by Juan Casocot on 19
As found by the trial court, recognition of petitioner's status as a natural the decision of the Court of Appeals is REVERSED and that of the probate April 1960, when he was already 80 years old, in favor of
daughter of Juan M. Alberto was made, not only by the latter, but by his court AFFIRMED. respondents Restituta and Fermin Casocot was
relatives as well — Fr. Cipriano Arcilla, Jose Alberto, Aurita Solidum and absolutely simulated and void.
Saturnina Alberto, among others. Private respondent only had to present 2. It ruled that petitioners' father, Catalino Gono, had been
any one of those relatives to negate petitioner's testimony that she had G.R. No. 111994 December 29, 1994 duly recognized by Juan Casocot since 1954 to be his
been acknowledged by them as the eldest daughter of the deceased. Her GONO-JAVIER vs CA natural child that thereby entitled petitioners to inherit
failure to do so baffles this Court. If indeed Ma. Theresa Alberto were VITUG, J.: the parcels of land in question.
fabricating her testimony, the family of the deceased would have been FACTS 3. The trial court likewise held that the property had been
more than willing to destroy the claims of an intruder. Under the Juan Casocot, the alleged natural grandfather of petitioners, owned five sold to petitioner Anunciacion Gono-Javier on 05 and 20
circumstances, it is safe for us to assume that had any of the relatives parcels of land. June 1956 after it had been levied by the Provincial
mentioned by petitioner been presented as witness for private Petitioners filed a case with the RTC for the recovery of ownership and Government for
respondent, their testimonies would be detrimental to the latter's cause. possession of the above five parcels of land. non-payment of taxes.
Petitioners Contention On appeal by private respondents, the Court of Appeals reversed the
trial court's decision, and ordered the dismissal of the complaint by
petitioners for the recovery of title and possession of the disputed Casocot himself died in 1964. Article 278 of the New Civil Code, the law SO ORDERED.
parcels. The appellate court ratiocinated and concluded: applicable in 1954,3 provided:
Ruling:
NO. ART. 287. Illegitimate children other than natural in accordance with ART. 287. Illegitimate children other than natural in accordance with
The petition is impressed with merit. Article 269 and other than natural children by legal fiction are entitled to Article 269 and other than natural children by legal fiction are entitled to
support and such successional rights as are granted in this Code. support and such successional rights as are granted in this Code.
Although Art. 291, in enumerating those entitled to support, refers in
paragraph 3 to 'acknowledged natural children,' and in paragraph 5 In this case petitioner established the paternity of the child, Alfie not
simply to 'illegitimate children who are not natural' nonetheless there is only by her own affidavit but also by the affidavits of two (2) witnesses. PEOPLE vs RAFANAN Jr
a need for the latter class of children (spurious) to be recognized either In addition thereto petitioner submitted a birth certificate of the child. Insanity
voluntarily or by judicial decree, otherwise they cannot demand The private respondent claims that the same is spurious as it was sworn
support. The private respondent contends that the cases cited in the before a notary public in Manila when the child was born in Cavite FACTS: On February 27, 1976, complainant Estelita Ronaya who was then
decision (Crisolo v. Macadaeg, 94 Phil. 862 [1954]; Cruz v. Castillo, 28 Maternity Clinic in Las Pinas Rizal. only fourteen years old was hired as a househelper by the mother of the
SCRA 719 [l969]) refer to the right of natural children to support. The accused. The accused Policarpio Rafanan and his family lived with his
principle, however, is the same. Thus in Paulino v. Paulino, 113 Phil. There must be a declaration of the status of the child from which the mother in the same. Policarpio was then married and had two children.
697 [1961], which involves a claim to inheritance by a spurious child, it right to support is derived and before support can be ordered. Such a On March 16, 1976, in the evening, after dinner, Estelita
was held: declaration may be provisional, that is, by affidavits. Ronaya was sent by the mother of the accused to help in their store
An illegitimate (spurious) child to be entitled to support and which was located in front of their house. Attending to the store at the
successional rights from his putative or presumed parents must prove While the appellate court claims that the birth certificate is prima facie time was the accused. At 11:00 o'clock in the evening, the accused called
his filiation to them. Filiation may be established by the voluntary or evidence of acknowledgment of the child, and that until it is finally the complainant to help him close the door of the store and as the latter
compulsory recognition of the illegitimate (spurious) child. Recognition proved to be spurious it must be upheld, it nevertheless observed that complied and went near him, he suddenly pulled the complainant inside
is voluntary when made in the record of birth, a will, a statement its probative value is impaired by the verified opposition of the private the store and said that they should have intercourse, Ronaya refused.
before a court of record, or in any authentic writing.' It is compulsory respondent. The accused held a bolo and pointed it to the throat of the complainant
when by court action the child brings about his recognition. threatening her with said bolo should she resist. He then raped Ronaya
The requirement for recognition by the father or mother jointly or by in spite of her resistance and struggle. After the sexual intercourse, the
Article 291 of the Civil Code provides as follows: only one of them as provided by law refers in particular to a natural accused cautioned the complainant not to report the matter to her
ART 291. The following are obliged to support each other to the whole child under Article 276 of the Civil Code. Such a child is presumed to be mother or anybody in the house, otherwise he would kill her. In the
extent set forth in the preceding article: the natural child of the parents recognizing it who had the legal capacity evening of March 17, 1976, the family of the accused learned what
(1) The spouses; to contract marriage at the time of conception. Thus, an illegitimate happened that night.
(2) Legitimate ascendants and descendants; child like the minor Alfie in this case whose father, the private
The principal submission of appellant is that he was suffering already pointed out, it is complete loss of intelligence which must be
from a metal aberration characterized as schizophrenia when he inflicted shown if the exempting circumstance of insanity is to be found. Ruling:
his violent intentions upon Estelita. The trial court suspended the trial The law presumes every man to be sane. A person accused of No. To allow the change of surname would cause confusion as to the
and ordered appellant confined at the National Mental Hospital in a crime has the burden of proving his affirmative allegation of minors' parentage and might create the impression that the minors are
Mandaluyong for observation and treatment. In the meantime, the case insanity. Here, appellant failed to present clear and convincing evidence illegitimate since they would carry the maternal surname only. That
was archived. Appellant was admitted into the hospital on 29 December regarding his state of mind immediately before and during the sexual would be inconsistent with their legitimate status as indicated in their
1976 and stayed there until 26 June 1978. assault on Estelita. It has been held that inquiry into the mental state of birth records.
On the last report dated 26 June 1978, appellant was described the accused should relate to the period immediately before or at the very The minors Dionesio, Jr. and Bombi Roberto, who are presumably
as behaved, helpful in household chores and no longer talking while moment the act is committed. Appellant rested his case on the legitimate, are supposed to bear principally the surname Divinagracia,
alone. He was said to be "fairly groomed" and "oriented" and as denying testimonies of two (2) physicians which, however, did not purport to their father's surname (Art. 364, Civil Code).
having hallucinations. The report concluded that he was in a "much characterize his mental condition during that critical period of time. They To allow them, at their mother's behest, to bear only their mother's
improved condition" and "in a mental condition to stand court trial." did not specifically relate to circumstances occurring on or immediately surname (which they are entitled to use together with their father's
Trial of the case thus resumed. The defense first presented Dr. before the day of the rape. Their testimonies consisted of broad surname) and to discard altogether their father's surname thus
Arturo Nerit who suggested that appellant was sick one or two years statements based on general behavioral patterns of people afflicted with removing the prima-facie evidence of their paternal provenance or
before his admission into the hospital, in effect implying that appellant schizophrenia. ancestry, is a serious matter in which, ordinarily, the minors and their
was already suffering from schizophrenia when he raped complainant. father should be consulted. The mother's desire should not be the sole
ISSUE: Whether or not the reason of insanity in this case is sufficient to consideration.
relieve himself of criminal liability through exempting circumstance. G.R. No. L-55538 March 15, 1982 The change of name is allowed only when there are proper and
HELD: NO reasonable causes for such change (Sec. 5, Rule 103, Rules of Court).
RATIO: The Supreme Court of Spain held that in order that this exempting In the Matter of the Change of Names of DIONESIO DIVINAGRACIA, Where, as in this case, the petitioners are minors, the courts should
circumstance may be taken into account, it is necessary that there be a JR., and BOMBI ROBERTO DIVINAGRACIA to DIONESIO NALDOZA and take into account whether the change of name would redound their
complete deprivation of intelligence in committing the act, that is, that BOMBI ROBERTO NALDOZA, respectively. ZOSIMA NALDOZA, as welfare or would prejudice them.
the accused be deprived of reason; that there be no responsibility for his natural guardian and guardian ad litem of said minors, petitioner- Examples of cases where change of surname was granted:
own acts; that the acts without the least discernment; or that there be a appellant,
total deprivation of freedom of the will. For this reason, it was held that vs. A. Oshita vs. Republic
the imbecility or insanity at the time of the commission of the act should REPUBLIC OF THE PHILIPPINES and JUDGE FERNANDO S. RUIZ of the Where the petitioner, a legitimate daughter of a Filipino mother and a
absolutely deprive a person of intelligence or freedom of will, because Court of First Instance of Bohol, Branch IV, respondents-appellees. Japanese, elected Philippine citizenship, and her older brother and
mere abnormality of his mental faculties does not exclude imputability. Facts: sister were using their mother's surname, and the petitioner felt
1. Desirous of obliterating any connection between her two minor embarrassed in using her Japanese father's surname (Oshita) because
The allegation of insanity or imbecility must be clearly proved. children and their scapegrace father (for being a swindler), Zosima, on of the ill-feeling harbored by some Filipinos against the Japanese, and
Without positive evidence that the defendant had previously lost his August 10, 1978, filed in the Court of First Instance of Bohol a petition there was no showing that her desire to use the maternal surname
reason or was demented, a few moments prior to or during the wherein she prayed that the surname of her two children be changed (Bartolome) was motivated by any fraudulent purpose or that the
perpetration of the crime, it will be presumed that he was in a normal from Divinagracia to Naldoza, her surname (Special Proceeding No. change of surname would prejudice public interest, her petition to
condition. Acts penalized by law are always reputed to be voluntary, and 768). After due publication and hearing, the trial court dismissed the change her surname from Oshita to Bartolome was granted
it is improper to conclude that a person acted unconsciously, in order to petition.
relieve him from liability, on the basis of his mental condition, unless his B. Alfon vs. Republic
insanity and absence of will are proved. The classmates of Dionesio, Jr. and Bombi Roberto allegedly teased Where the petitioner's name in the civil registry is Maria Estrella
Schizophrenia pleaded by appellant has been described as a them about their father being a swindler. Two criminal cases for estafa Veronica Primitiva Duterte, Duterte being the surname of her father
chronic mental disorder characterized by inability to distinguish between were filed in court against the father. Filomeno, who was married to her mother, Estrella Alfon, but the
fantasy and reality, and often accompanied by hallucinations and petitioner since infancy has used the name Estrella S. Alfon, particularly
delusions 2. From that decision, Zosima Naldoza appealed to this Court under in the school and voting records, there is reasonable ground for
In the findings of the case, testimonies negates complete Republic Act No. 5440. Appellant's seven assignments of error may be allowing her to change her surname from Duterte to Alfon. Such a
destruction of intelligence at the time of commission of the act charged reduced to the question of whether there is a justification for the two change would avoid confusion
which, in the current state of our caselaw, is critical if the defense of children to drop their father's surname and use their mother's surname
insanity is to be sustained. The fact that appellant Rafanan threatened only.
complainant Estelita with death should she reveal she had been sexually
assaulted by him, indicates, to the mind of the Court, that Rafanan was Issue: Should the two minors be allowed to discontinue using their
aware of the reprehensible moral quality of that assault. In any case, as father's surname and use only their mother's surname?