Case Digest (G.R. No. 187273)
Facts:
Romeo F. Ara and William A. Garcia v. Dra. Fely S. Pizarro and Henry Rossi, G.R. No. 187273, February 15, 2017, Supreme Court Second Division, Leonen, J., writing for the Court. Petitioners Romeo F. Ara and William A. Garcia claimed to be illegitimate children of the late Josefa A. Ara (Josefa), who died on November 18, 2002; respondents are Dra. Fely S. Pizarro and Henry Rossi, who also claimed filiation to Josefa. Petitioners sought judicial partition of various properties left by Josefa (a titled Valencia lot, a Tamaraw FX, and a Php108,000 bank passbook), alleging they were her children and heirs.When respondent Pizarro refused partition, plaintiffs initiated barangay conciliation and, failing settlement, filed a Complaint for judicial partition in the Regional Trial Court (RTC) of Malaybalay City on April 9, 2003. At pretrial the parties admitted several facts including Josefa’s death and that many of the enumerated items formed part of her estate. Trial was held and on February 20, 2006 the RTC rendered a Decision awarding certain titled properties to the parties as set out in the decretal portion.
All parties appealed the RTC Decision. On August 1, 2008 the Court of Appeals (CA) modified and partially granted the appeals in CA-G.R. CV No. 00729, holding that only Fely Pizarro and Ramon A. Garcia (legitimate) each were entitled to one share and Henry Rossi (illegitimate) to one-half share, and omitted petitioners Ara and William Garcia from the roster of Josefa’s children. Motions for reconsideration in the CA were denied on March 16, 2009.
Petitioners filed a Rule 45 petition for review on certiorari before the Supreme Court, challenging the CA’s exclusion of Ara and Garcia as Josefa’s children and arguing they could establish filiation by the open and continuous possession of the status of illegitimate children under the second paragraph of Article 172 of the Family Code and related provisions. They submitted baptismal certificates, a delayed birth registration (for Garcia), photographs, and witness testimony; respondents re...(Pro-only)
Issues:
- May petitioners establish their illegitimate filiation to the deceased Josefa by proof of open and continuous possession of the status of illegitimate children under the second paragraph of Article 172 of the Family Code after the putative parent’s death?
- Were the CA’s evidentiary findings — particularly its treatment of petitioners’ delayed birth registration, baptismal certificates, photographs and testimonies vis-à-...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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