Case Digest (G.R. No. 222259)
Facts:
On March 12, 1996, petitioner Lowella Yap, joined by her sister Josie May Yap, filed a Complaint for partition and accounting with prayer for receivership and preliminary injunction before the Regional Trial Court (RTC), Branch 15, Ozamiz City. They alleged that their father, Diosdado Yap Sr., died in January 1995, leaving an estate to be divided among his surviving wife Almeda Yap, his marital children Josie, Hearty Yap-Dybongco, and Diosdado Yap Jr., and his acknowledged nonmarital daughter Lowella. After no partition was undertaken and respondents extrajudicially partitioned part of the estate among themselves, petitioners initiated litigation. In their answer, respondents denied Lowella’s heirship, asserting that her mother Matilde Lusterio was married to Bernardo Lumahang on January 15, 1953, thus presuming Lowella to be legitimate offspring of that union, and similarly disowning Josie’s paternity. Two alleged nonmarital children, Adonis Yap and Adam Lou Yap, intervened butCase Digest (G.R. No. 222259)
Facts:
- Parties and Background
- Petitioner Lowella Yap filed a Complaint for partition and accounting with prayer for receivership and injunction against respondents Almeda Yap (widow of decedent), Hearty Yap-Dybongco, and Diosdado Yap, Jr. (marital children).
- Petition alleged that upon the January 1995 death of Diosdado Yap, Sr., his heirs were Almeda, their marital children (Josie May Yap, Hearty, Diosdado Jr.) and an acknowledged nonmarital daughter, Lowella Yap.
- Trial Court Proceedings
- Defendants denied heirship of Lowella (and Josie), asserting Josie’s father was Manuel Saavedra and Lowella’s father was Bernardo Lumahang, to whom her mother Matilde Lusterio was married.
- Lowella testified she was fathered by Diosdado Sr., lived with his family from high school, worked in his business, and used the name “Lowella” by his consent. She presented:
- Certification of birth registration naming Diosdado Sr. as father.
- Special Power of Attorney referring to her as his daughter.
- Photographs nursing Diosdado Sr. and letters addressing her “Mama Mie.”
- His Affidavit acknowledging paternity.
- Defendants introduced certifications of no birth record under “Lowella” or “Nelie” Yap, marriage contract of Lusterio and Lumahang, and birth certificates of their children.
- On March 28, 2012, RTC Branch 15, Ozamiz City, found Lowella to be Diosdado Sr.’s nonmarital daughter, ordered partition among her and respondents, and dismissed intervenors’ claim for failure to prosecute.
- Court of Appeals and Supreme Court Proceedings
- Respondents appealed to the Court of Appeals (CA-G.R. CV No. 03083-MIN), which on April 30, 2015, set aside the RTC’s filiation finding, holding Lowella enjoyed the presumption of legitimacy as Lusterio and Lumahang’s marital child and that legitimacy cannot be impugned collaterally in a partition case.
- Lowella’s motion for reconsideration was denied on November 13, 2015.
- Lowella filed a Petition for Review on Certiorari under Rule 45 before the Supreme Court, contesting the CA’s application of Article 164 of the Family Code and arguing the presumption of legitimacy was already rebutted by her birth registration naming Diosdado Sr. as father.
Issues:
- Whether petitioner Lowella Yap sufficiently overthrew the presumption of legitimacy attaching to her birth during the valid marriage of her mother to Bernardo Lumahang.
- Whether the presumption of legitimacy may be impugned and filiation with the biological father established in a partition case without a prior direct action by the husband or his heirs.
- Whether additional evidence, including DNA testing, should be ordered to resolve Lowella’s filiation.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)