G.R. No. 140500 - Bernabe vs. Alejo

The late Fiscal Ernesto A. Bernabe allegedly fathered a son, Adrian Bernabe, born September 18, 1981, with his 23-year-old secretary, Carolina Alejo.
Fiscal Bernabe died on August 13, 1993, and his wife died on December 3, 1993, leaving Ernestina Bernabe (petitioner), his legitimate daughter, as the sole surviving heir.

On May 16, 1994, Carolina Alejo, as guardian ad litem for minor Adrian, filed a complaint for (a) recognition of filiation and (b) partition and accounting of Fiscal Bernabe’s estate, then held by Ernestina.
The Regional Trial Court (RTC) of Pasay City (Branch 109) initially dismissed the complaint on July 16, 1995, ruling that the action was barred by the Family Code and lack of written acknowledgment. On July 26 and October 6, 1995, the RTC denied reconsideration and reaffirmed dismissal, citing Articles 172 and 175 of the Family Code.
On July 7, 1999, the Court of Appeals (CA) reversed the RTC, remanding the case for trial on the merits, but on October 14, 1999, denied petitioner’s motion for reconsideration.
Petitioner filed a Rule 45 petition for review on certiorari before the Supreme Court, challenging the CA’s adoption of Article 285 of the Civil Code period over the Family Code.

Whether Adrian has a cause of action for recognition and partition after his putative father’s death absent any written acknowledgment.
Whether the CA erred in applying Article 285 of the Civil Code—granting a four-year period after majority to file recognition—despite its repeal by the Family Code.
Whether the petition is fatally defective for failure to implead the Court of Appeals as a respondent.