Bernabe vs Alejo

Bernabe vs. Alejo

GR No. 140500, January 21, 2002

FACTS:

The late Fiscal Ernesto Bernabe allegedly fathered a son with his secretary Carolina Alejo and was named Adrian Bernabe who was born on September 18, 1981.  After Ernesto Bernabe and Rosalina (legal wife) died, the sole surviving heir left was Ernestina.  Carolina, in behalf of his son Adrian, filed a complaint that Adrian be declared an acknowledged illegitimate son of Fiscal Bernabe and be given a share of his father’s estate.

Trial court’s ruling: Under the new law, an action for the recognition of an illegitimate child must be brought within the lifetime of the alleged parent to give the latter an opportunity to either affirm or deny the child’s filiation.

CA ruling:  The rights of Adrian are governed under Article 285 of the Civil Code which allows an action for recognition to be filed within 4 years after the child has attained the age of majority and that subsequent enactment of the Family Code did not take away his right.

ISSUE: Whether or not Adrian Bernabe may be declared an acknowledged illegitimate son.

HELD:

The Family Code makes no distinction on whether the former was still a minor when the latter died. Thus, the putative parent is given by the new code a chance to dispute the claim, considering that “illegitimate children” are usually begotten and raised in secrecy and without the legitimate family being aware of their existence.

Furthermore, the grounds or instances for the acknowledgment of natural children are utilized to establish the filiation of spurious children.

Hence, the petition wad denied and assailed decision was affirmed.