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    Eceta Vs Eceta

    Uploaded by

    Norman Caronan

    Copyright:

    © All Rights Reserved
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    Eceta Vs Eceta

    Uploaded by

    Norman Caronan
    20 views1 page

    Original Title

    Eceta vs Eceta

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    20 views1 page

    Eceta Vs Eceta

    Uploaded by

    Norman Caronan

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Eceta v.

    Eceta

    GR No. 157307, 20 May 2004

    FACTS:

    Petitioner and her husband acquired several properties, among which is the disputed
    property. They begot a son who sired an illegitimate daughter, herein respondent. Upon
    his death, petitioner and respondent are his compulsory heirs.

    Respondent filed a case before RTC for Partition and Accounting with Damages against
    petitioner alleging that by virtue of his father’s death, she became petitioner’s co-heir
    and and co-owner of the disputed property. In her answer, Rosalina alleged that the
    property is paraphernal in nature and thus belonged to her exclusively.

    During the pre-trial conference, the parties entered into a stipulation of facts wherein
    they both admitted their relationship to one another, i.e., that petitioner is respondent’s
    grandmother.

    ISSUE:

    Whether the admission made by petitioner that respondent is her granddaughter is


    enough to prove respondent’s filiation with the only son of petitioner.

    RULING:

    No. The filiation of illegitimate children, like legitimate children, is established by (1) the
    record of birth appearing in the civil register or a final judgment; or (2) an admission of
    legitimate filiation in a public document or a private handwritten instrument and signed
    by the parent concerned. In the absence thereof, filiation shall be proved by (1) the
    open and continuous possession of the status of a legitimate child; or (2) any other
    means allowed by the Rules of Court and special laws. The due recognition of an
    illegitimate child in a record of birth, a will, a statement before a court of record, or in
    any authentic writing is, in itself, a consummated act of acknowledgement of the child,
    and no further court action is required. In fact, any authentic writing is treated not just a
    ground for compulsory recognition; it is in itself a voluntary recognition that does not
    require a separate action for judicial approval.

    Maria Theresa successfully established her filiation with Vicente by presenting a duly
    authenticated birth certificate. Vicente himself signed Maria Theresa’s birth certificate
    thereby acknowledging that she is his daughter. By this act alone, Vicente is deemed to
    have acknowledged his paternity over Maria Theresa.

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