FIRST DIVISION
G.R. No. 163362, July 08, 2015
ALEJANDRA ARADO HEIRS: JESUSA ARADO, VICTORIANO ALCORIZA, PEDRO ARADO, HEIRS: JUDITHO ARADO, JENNIFER ARADO, BOBBIE ZITO ARADO, SHIRLY ABAD, ANTONIETA ARADO, NELSON SOMOZA, JUVENIL ARADO, NICETAS VENTULA, AND NILA ARADO, PEDRO ARADO, TOMASA V. ARADO, Petitioners, v. ANACLETO ALCORAN AND ELENETTE SUNJACO, Respondents.
D E C I S I O N
BERSAMIN, J.:
Under review on certiorari is the decision promulgated on February 28, 2003,1 whereby the Court of Appeals (CA) affirmed the judgment rendered on January 15, 1997 by the Regional Trial Court, Branch 43, in Dumaguete City (RTC)2 dismissing the complaint and the counterclaim for being without merit.
Wherefore, premises considered, judgment is hereby rendered dismissing the complaint and the counterclaim for lack of merit.The RTC opined that Anacleto established that he was really the acknowledged illegitimate son of Nicolas. It cited the certificate of birth of Anacleto (Exhibit 4) and Page 53, Book 4, Register No. 214 of the Register of Births of the Municipality of Bacong (Exhibit 3), which proved that Nicolas had himself caused the registration of Anacleto's birth by providing the details thereof and indicating that he was the father of Anacleto. It observed that the name of Nicolas appeared under the column "Remarks" in the register of births, which was the space provided for the name of the informant; that because the plaintiffs did not present evidence to refute the entry in the register of births, the entry became conclusive with respect to the facts contained therein; that Anacleto's claim of recognition was bolstered by his baptismal certificate (Exhibit F), in which was indicated that his parents were Nicolas Alcoran and Francisca Sarita; that also presented was a picture taken during the wake of Nicolas (Exhibit 5) showing the young Anacleto being carried by Joaquina, and also Nicolas' wife, Florencia; that in addition, the school records of Anacleto (Exhibit 6) showed that Joaquina stood as his guardian during his grade school years; that when Anacleto got married, it was Joaquina who gave consent to his marriage because he was then still a minor (Exhibit 8); and that Joaquina executed her will in 1978 (Exhibit 9), bequeathing the subject properties to Anacleto, but the will was yet to be probated.
Costs against the plaintiffs.
SO ORDERED.21
WHEREFORE, premises considered, the instant appeal is hereby DISMISSED. Accordingly, the Decision of the Regional Trial Court of Dumaguete City, Branch 43 stands.The CA sustained the ruling of the RTC to the effect that Anacleto was an acknowledged illegitimate son of Nicolas. It agreed that the Register of Births of the Municipality of Bacong, Negros Oriental showed that Nicolas was the father of Anacleto, and that the former had supplied the information on the latter's birth. It declared that the plaintiffs did not rebut the filiation of Anacleto by contrary evidence; that the baptismal certificate of Anacleto and the picture taken during the wake of Nicolas further showed that Anacleto had been acknowledged by Nicolas; that based on the Articles 172, 173 and 175 of the Family Code, the law applicable at the time of the filing of the case, Anacleto's filiation was established by the record of his birth appearing in the civil register; and that Anacleto possessed rights in the subject properties.
(a) Whether Anacleto Alcoran is the illegitimate son of Nicolas Alcoran x x x; andThe petitioners insist that Anacleto was not duly recognized as Nicolas' illegitimate son; that inasmuch as Anacleto was born to Francisca during the subsistence of Nicolas' marriage to Florencia, Anacleto could only be the spurious child of Nicolas; that there was no law for the acknowledgment of a spurious child; that even if Anacleto would be given the benefit of the doubt and be considered a natural child. Article 278 of the Civil Code states that "[r]ecognition shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing;" that the appearance of the father's name in the certificate of birth alone, without his actual intervention, was insufficient to prove paternity; that the mere certificate by the civil registrar that the father himself registered the child, without the father's signature, was not proof of the father's voluntary acknowledgment; that the baptismal certificate was insufficient proof of paternity; and that if there was ground for Anacleto's recognition, the period to claim recognition already prescribed.
(b) Whether he is entitled to the properties in litigation.30
"Preponderance of evidence" is the weight, credit, and value of the aggregate evidence on either side and is usually considered to be synonymous with the term "greater weight of the evidence" or "greater weight of the credible evidence." Preponderance of evidence is a phrase which, in the last analysis, means probability of the truth. It is evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto. If plaintiff claims a right granted or created by law, he must prove his claim by competent evidence. He must rely on the strength of his own evidence and not upon the weakness of that of his opponent. (Bold underscoring for emphasis)The petitioners did not discharge their burden of proof.
ART. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.On the other hand, legitimate filiation is established m accordance with Articles 172 and 173 of the Family Code, which state:LawlibraryofCRAlaw
The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article I72, in which case the action may be brought during the lifetime of the alleged parent.
ART. 172. The filiation of legitimate children is established by any of the following:LawlibraryofCRAlawRightly enough, the RTC and the CA unanimously concluded that Nicolas had duly acknowledged Anacleto as his illegitimate son. The birth certificate of Anacleto appearing in the Register of Births of the Municipality of Bacong, Negros Oriental (Exhibits 3, 3-A) showed that Nicolas had himself caused the registration of the birth of Anacleto. The showing was by means of the name of Nicolas appearing in the column "Remarks" in Page 53, Book 4, Register No. 214 of the Register of Births. Based on the certification (Exhibit 3-B) issued by the Local Civil Registrar of the Municipality of Bacong, Negros Oriental, the column in the Register of Births entitled "Remarks" (Observaciones) was the space provided for the name of the informant of the live birth to be registered. Considering that Nicolas, the putative father, had a direct hand in the preparation of the birth certificate, reliance on the birth certificate of Anacleto as evidence of his paternity was fully warranted.35redarclaw
(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 of the foregoing evidence, the legitimate filiation shall be proved by:LawlibraryofCRAlaw
(1) The open and continuous possession of the status of a legitimate child; or laws.
(2) Any other means allowed by the Rules of Court and special
ART. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.
The action already commenced by the child shall survive notwithstanding the death of either or both of the parties.
[R]espondent's photograph with his mother near the coffin of the late Juan C. Locsin cannot and will not constitute proof of filiation, lest we recklessly set a very dangerous precedent that would encourage and sanction fraudulent claims. Anybody can have a picture taken while standing before a coffin with others and thereafter utilize it in claiming the estate of the deceased.The school records of Anacleto (Exhibit 6), which evinced that Joaquina was the guardian of Anacleto in his grade school years, and the marriage contract between Anacleto and Elenette (Exhibits 8 to 8-C), which indicated that Joaquina had given consent to Anacleto's marriage, did not have the evidentiary value accorded by the RTC and the CA. Joaquina's apparent recognition of Anacleto mattered little, for, as we stressed in Cenido v. Apacionado,38 the recognition "must be made personally by the parent himself or herself, not by any brother, sister or relative; after all, the concept of recognition speaks of a voluntary declaration by the parent, of if the parent refuses, by judicial authority, to establish the paternity or maternity of children born outside wedlock."
x x x Unless a project of partition is effected, each heir cannot claim ownership over a definite portion of the inheritance. Without partition, either by agreement between the parties or by judicial proceeding, a co-heir cannot dispose of a specific portion of the estate. For where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs. Upon the death of a person, each of his heirs becomes the undivided owner of the whole estate left with respect to the part or portion which might be adjudicated to him, a community of ownership being thus formed among the co-owners of the estate or co-heirs while it remains undivided.Without the showing that the respective estates of Raymundo, Nicolas and Joaquina had been previously partitioned, the Court concludes and holds that none of the parties herein can lay claim over any of the disputed specific properties. The petitioners cannot contend, therefore, that they were the rightful owners of the properties of the late Joaquina to the exclusion of Anacleto. Thus, we uphold the dismissal of the petitioners' complaint for recovery of such properties.
Endnotes:
1Rollo, pp. 12-23; penned by Associate Justice Bienvenido L. Reyes (now a Member of the Court), with Associate Justice Romeo A. Brawner ((later Presiding Justice/deceased) and Associate Justice Danilo B. Pine (retired) concurring.
2 Records, pp. 162-172; penned by Judge Winston M. Villegas.
3 Id. at 56.
4Also referred to as Jovencia Limpahan in other parts of the records.
5 Records, p. 121.
6 Supra note 3.
7 Records, p. 125; also referred to as Elenette Sunjaco and Elenetta Alcoran in other parts of the records.
8 Supra note 3.
9 Records, pp. 4-5.
10 Id. at 198-199.
11 Also referred to as Gleceria Arado in other parts of the records.
12 Records, pp. 200, 272, 276.
13 Id. at 1-7.
14 Id. at 2-4.
15 Id. at 24, 27, 57.
16 Id. at 4.
17 Id. at 4-6.
18 Id. at 14-18.
19 Id. at 17.
20 Id. at 20.
21 Supra note 2, at 172.
22 Article 172. The filiation of legitimate children is established by any of the following:LawlibraryofCRAlaw
(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 of the foregoing evidence, the legitimate filiation shall be proved by:LawlibraryofCRAlaw
(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.
23 Article 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.
The action already commenced by the child shall survive notwithstanding the death of either or both of the parties.
24 Article 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.
The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent.
25 Records, p. 184.
26 Supra note 1, at 22.
27 The CA mistakenly considered Jesusa to be Joaquina's sister.
28 CA rollo, pp. 91-93.
29 Rollo, pp. 3-5, Only the following individuals pursued the appeal in this Court:LawlibraryofCRAlaw
(1) Jesusa Arado and her spouse Victoriano Alcoriza; and
(2) Tomasa Arado and the heirs of Pedro Arado, namely: (a) Juditho Arado and his spouse, Jennifer Ebrole; (b) Bobbie Zito Arado and his spouse, Shirly Abad; (c) Juvenil Arado and his spouse, Nicetas Ventula; (d) Antonieta Arado and her spouse, Nelson Somoza; and (e) Nila Arado.
30 Rollo, p. 6.
31 G.R. No. 170189, September 1, 2010, 629 SCRA 580, 585.
32 G.R. No. 142766, June 15, 2007, 524 SCRA 641, 652.
33 The Family Code (Executive Order No. 209) took effect on August 3, 1988. See Tayag v. Court of Appeals, G.R. No. 95229, June 9, 1992, 209 SCRA 665, 675.
34 Articles 163, 164 and 165 of the Family Code provide:LawlibraryofCRAlaw
Article 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate.
Article 164. Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child.
Article 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.
35Jison v. Court of Appeals, G.R. No. 124853, February 24, 1998, 286 SCRA 495, 523, where the Court opined:LawlibraryofCRAlaw
ChanRoblesVirtualawlibrary"It is settled that a certificate of live birth purportedly identifying the putative father is not competent evidence as to the issue of paternity, when there is no showing that the putative tather had a hand in the preparation of said certificates, and the Local Civil Registrar is devoid of authority to record the paternity of an illegitimate child upon the information of a third person. Simply put, if the alleged father did not intervene in the birth certificate, e.g., supplying the information himself: the inscription of his name by the mother or doctor or registrar is null and void: the mere certificate by the registrar without the signature of the father is not proof of voluntary acknowledgment on the latter's part."36 G.R. No. 124814, October 21, 2004 ,441 SCRA 96, 104.
37 G.R. No. 146737, December 10, 2001, 371 SCRA 711, 725.
38 G.R. No. 132474, November 19, 1999, 318 SCRA 688, 709.
39 Article 807 of the Civil Code of 1889 provides:LawlibraryofCRAlaw
Article 807. The following are forced heirs:LawlibraryofCRAlaw
1. Legitimate children and descendants, with respect to their legitimate parents and ascendants;
2. In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants.
3. The widower or widow, natural children legally acknowledged, and the father or the mother of the latter, in the manner and to the extent established by Articles 834, 835, 836, 837, 840, 841, 842, and 846.
40 Article 834 of the Civil Code of 1889 states:LawlibraryofCRAlaw
Article 834. A widower or widow, who on the death of his or her spouse, is not divorced, or should be so by the fault of the deceased, shall be entitled to a portion in usufruct equal to that corresponding by way of legitime to each of the legitimate children or descendants who has not received any betterment.
If only one legitimate child or descendant survives, the widower or widow shall have the usufruct of the third available for betterment, such child or descendant to have the naked ownership until, on the death of the surviving spouse, the whole title is merged in him.
If the spouses should be separated by a suit for divorce, the result of the suit shall be awaited.
If there should have been a pardon or a reconciliation between the divorced spouses, the survivor shall preserve his or her rights.
41 The Civil Code took effect on August 30, 1950.
42 Article 1000. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth.
43 Article 1078. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the deceased.
44 Article 777. The rights to the succession are transmitted from the moment of the death of the decedent.
45 Article 1003. If there are no descendants, ascendants, illegitimate children, or a surviving spouse, the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles.
46 Articles 970 and 971 of the Civil Code provides:LawlibraryofCRAlaw
Article 970. Representation is a right created by fiction of law, by virtue of which the representative is raised to the place and the degree of the person represented, and acquires the rights which the latter would have if he were living or if he could have inherited.
Article 971. The representative is called to the succession by the law and not by the person represented. The representative does not succeed the person represented but the one whom the person represented would have succeeded.
47 G.R. No. 66574, February 21, 1990, 182 SCRA 427, 438.
48 No. L-29300, June 21, 1978, 83 SCRA 676, 683.
49 No. L-44426, February 25, 1982, 112 SCRA 237, 239.