G.R. No. L-14462 - Montilla vs. Montilla

On January 24, 1947, Gil Montilla, Jr. filed a petition with the Court of First Instance of Negros Occidental for the appointment of his mother, Dona Mercedes Montilla, as judicial administratrix of his late father Gil Montilla’s estate.
The petition stated that the deceased had real and personal properties estimated at P30,000, and it identified the following heirs:

Enriqueta Montilla de Esteban, his child from the first marriage;
His children by the second marriage: Gil Montilla, Jr., Jacinto Montilla, Jayme Montilla, Mercedes Montilla de Alvarez, Cesar Montilla, and Aida Montilla; and
His surviving spouse, Dona Mercedes Montilla.

With no opposition registered to the petition, the court issued an order for letters of administration in favor of the surviving spouse on February 21, 1947.

On March 18, 1955, Gertrudes Montilla filed a motion for leave to intervene in the intestate proceedings.
Her accompanying petition alleged that she is an acknowledged natural child of the late Gil Montilla and, therefore, a forced heir entitled to a share of the property.

Acting on her motion, the lower court set a date for the reception of evidence on December 15, 1956.
During the hearing, Gertrudes Montilla was permitted to present several exhibits to prove her claim:

Exhibit "A" – An entry in the marriage book of the parish priest of Isabela, Negros Occidental, indicating that Gertrudes Montilla, daughter of Gil Montilla and Ines Serrano, was married to Horacio L. Ramos on June 23, 1933.
Exhibit "B" – A will of the deceased Petronila Montilla (sister of Gil Montilla) referencing Gertrudes as the daughter of Gil Montilla.
Exhibit "C" – A letter of Gil Montilla dated September 19, 1933, addressed to "Horacio and Gertrudes" with the complimentary ending “Vuestro Padre.”
Exhibit "D" – Another letter of Gil Montilla dated May 14, 1942, containing the salutation “Querida Gertrudes” and the complimentary ending “Tu padre.”

The court noted that exhibits "A", "C", and "D" are private writings, and none qualify as a record of birth, a will, or another public document as required by law for acknowledgment.
Although Exhibit "B" is a will, it was not executed by the deceased Gil Montilla; hence, pursuant to Article 129 of the old Civil Code, it is insufficient as evidence of acknowledgment which must be done by the father or mother.
Precedents (e.g., Canales vs. Arrogante and Pareja vs. Pareja) were cited, emphasizing that a valid acknowledgment must be precise, express, and solemn.

After the lower court denied her petition for intervention, Gertrudes Montilla appealed directly, raising questions of law, particularly regarding the applicable law for her case.

Whether the new Civil Code or the old Civil Code of 1889 should govern the intestate proceedings, given that the deceased died on July 20, 1946, before the effectivity of the new Civil Code on August 30, 1950.
The interpretation of transitional provisions in the new Civil Code (Article 2263) in relation to rights that originated under the old Civil Code.

Whether the evidence submitted by Gertrudes Montilla satisfies the formal requirements of acknowledgment under the old Civil Code, specifically Articles 129 and 131.
The legal effect and admissibility of private writings versus public documents or formal instruments (e.g., records of birth or wills executed by the proper party).

Whether the provisions of the new Civil Code, which appear to relax certain formalities, can be invoked to validate Gertrudes Montilla's claim to acknowledgment despite her late filing.