Case Summary (G.R. No. 1380)

Rights of Illegitimate Children

• A natural child is defined as one born out of wedlock to parents who were qualified to marry at the time of conception or birth.
• Children born to parents who were disqualified to marry at the time of conception or birth do not have the status of natural children.
• Under the Civil Code, natural children are those born out of wedlock to parents who could marry, with or without dispensation, at the time of conception.

Acknowledgment of Illegitimate Children

• Acknowledgment by one or both parents is essential for an illegitimate child to attain the status of a natural child.
• This acknowledgment is a right of the natural child, which is necessary for legitimation.

Retroactive Effect of the Civil Code

• Illegitimate children who were born and acknowledged before the Civil Code's promulgation acquire the status of natural children if they meet the qualifications set forth in the Code.
• This retroactive effect applies even if they could not have enjoyed this status under previous laws.

Applicability of New Marriage Laws

• The provisions of General Orders No. 68, which established new marriage laws, do not apply to the case of the defendants, as they were born before the promulgation of this law.

Rights of Illegitimate Children Under Old Law

• Under the old law, a natural child was not a forced heir of the father by will but could inherit a sixth of the estate if the father died intestate, sharing this with the mother.
• The natural child was a forced heir of the mother if she left no lawful issue.

Legal Portion of Natural Children Under the Civil Code

• The Civil Code establishes the right of acknowledged natural children to a legal portion as forced heirs of their natural parents.
• This right applies to children born and recognized before the Civil Code's promulgation, provided their parents died after the Code became operative.

Hereditary Rights and Their Vesting

• Hereditary rights are not considered vested until the death of the person from whom the estate proceeds.
• The rights of successors are determined by the law in effect at the time of the predecessor's death.

Expectancy of Inheritance

• The right to inherit is merely an expectancy during the lifetime of the predecessor and does not become absolute until their death.
• Prospective heirs are not adversely affected by the retroactive application of the Civil Code if their rights vest after the Code's enactment.

Case Background and Claims

• The plaintiff, Consolacion Mijares, claims to be the sole heir of her father, Don Mariano Mijares, who died intestate, leaving no legitimate heirs.
• The defendants, who are the natural daughters of Don Mariano Mijares and his niece, Delfina Nery, argue that they are entitled to inherit under the Civil Code.

Legal Status of the Defendants

• The defendants were acknowledged by their father and thus qualify as natural children under the Civil Code, despite being born before its enactment.
• The acknowledgment by their father grants them rights that were not recognized under the old law.

Inheritance Rights of Natural Children

• Natural children inherit only a sixth of the estate if there are no legitimate heirs, but they can inherit the entire estate if there are no legitimate descendants or ascenda...continue reading