Eceta vs Eceta

Eceta vs Eceta

GR No. 157037, May 20, 2004

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 Theresa whose grandmother was Rosalina, the petitioner. 

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

HELD:

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 court’s pre trial order that Theresa was Rosalina’s 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.