Case Summary (G.R. No. L-22366)
Petitioner and Respondent
Petitioner: Ernestina Bernabe
Respondent: Carolina Alejo, as guardian ad litem for Adrian Bernabe
Key Dates
• September 18, 1981 – Birth of Adrian Bernabe
• May 16, 1994 – Complaint for recognition filed on Adrian’s behalf
• July 7, 1999 – Court of Appeals decision
• October 14, 1999 – CA resolution denying reconsideration
• January 21, 2002 – Supreme Court decision
Applicable Law
• 1987 Philippine Constitution (protection of vested rights and due process)
• Civil Code of the Philippines, Article 285 (period for recognition of natural children)
• Family Code of the Philippines, Articles 172, 173, 175, 255
Statement of the Case
Ernestina Bernabe seeks nullification of the CA’s reversal of the RTC’s dismissal of a recognition and partition suit filed by Adrian. She insists that under the Family Code, the action is barred by the putative father’s death and absence of written acknowledgment.
Factual Background
Adrian was born out of a liaison between Fiscal Bernabe and his secretary, Carolina Alejo. After the deaths of Fiscal Bernabe (August 1993) and his wife (December 1993), Carolina, for Adrian, sued in May 1994 to recognize Adrian as an illegitimate heir and partition the estate now held by Ernestina.
Trial Court Proceedings
The RTC dismissed the complaint, holding that (1) under Article 175 of the Family Code the action must have been filed during the putative father’s lifetime; and (2) without a written acknowledgment, the suit was barred by his death.
Court of Appeals Ruling
The CA reversed, applying Civil Code Article 285. Since Adrian was born in 1981, his cause of action vested under the Civil Code, which permits an illegitimate child to file for recognition within four years after attaining majority if the parent died during minority. The CA held the Family Code did not extinguish that vested right.
Issues Before the Supreme Court
- Whether Adrian has a cause of action to claim recognition and succession rights absent any written acknowledgment.
- Whether Article 285’s four-year period survived the Family Code’s repeal of its exceptions.
- Whether failure to implead the CA in the petition for certiorari is fatal.
Constitutional and Statutory Framework
Under the 1987 Constitution, vested rights enjoy protection against impairment. Article 255 of the Family Code accords retroactive effect only if no vested or acquired right is prejudiced.
Vested Rights and Substantive Nature of Recognition Actions
Article 285 of the Civil Code granted Adrian a substantive, vested right to file within four years of majority, unaffected by the Family Code. Procedural rules cannot extinguish such vested substantive rights. Jurisprudence confirms that substantive rights created by law vest immediately and survive subsequent procedural reforms.
Scope of Article 285 Civil Code and Retroactivity
The Court held that because Adrian’s right to recognition vested before the Family Code’s effectivity, the new Code’s lifetime-only rule cannot impair it. Pre–Family Code jurisprudence (Aruego Jr. v. CA) supports applying Civil Code periods to minors whose putative parent died during minority.
Natural vs. Spurious Ch
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Procedural History
- Petition for Review on Certiorari under Rule 45 of the Rules of Court assailed:
• July 7, 1999 Court of Appeals Decision in CA-GR CV No. 51919
• October 14, 1999 Court of Appeals Resolution denying Motion for Reconsideration - Lower court proceedings before the Regional Trial Court, Pasay City (Branch 109):
• May 16, 1994 – Complaint for recognition filed by Carolina Alejo on behalf of her son, Adrian
• July 16, 1995 – RTC Decision dismissing the complaint for being barred under the Family Code
• July 26, 1995 – RTC Order granting Motion for Reconsideration and dismissing the action anew
• October 6, 1995 – RTC clarification that recognition must have been sought during putative father’s lifetime
Facts
- Adrian Bernabe was born on September 18, 1981 to Fiscal Ernesto A. Bernabe and his secretary, Carolina Alejo.
- Fiscal Bernabe died on August 13, 1993; his wife died on December 3, 1993, leaving petitioner Ernestina as sole heir.
- On May 16, 1994, a petition for recognition and partition with accounting was filed by Carolina Alejo for minor Adrian.
- The action sought declaration of Adrian as an acknowledged illegitimate son of Fiscal Bernabe and entitlement to his succession share.
Orders of the Trial Court
- July 16, 1995 Decision: Dismissed the complaint as barred by the Family Code and prevailing jurisprudence (Uyguangco v. Court of Appeals).
- July 26, 1995 Order on Reconsideration: Dismissal affirmed; held that death of putative father barred the action under Article 175, Family Code.
- October 6, 1995 Clarificatory Order: Emphasized absence of written acknowledgment and requirem