BERNABE vs. ALEJO | G.R. No. 140500 | January 21, 2002

BERNABE vs. ALEJO
G.R. No. 140500, January 21, 2002 
 
Facts

Fiscal Ernesto Bernabe allegedly fathered a son with his secretary, Carolina Alejo. The son was born on September 18, 1981and was named Adrian Bernabe. Fiscal Ernesto Bernabe died as well as his legitimate wife, leaving Ernestina Bernabe the sole surviving heir.  
 
Carolina, in behalf of her son, filed a complaint praying that Adrian be declared an acknowledged child of the deceased and also be given the share of Bernabe‘s estate. Regional Trial Court dismissed the complaint and said that the death of the putative father had barred the action. Further, under the 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. 
 
The Court of Appeals ruled that 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. 
 
Ruling

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 was denied and assailed decision was affirmed. 
 
 

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