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REGALADO, J.:
Dissatisfied with the decision of respondent Court of Appeals promulgated on February 20, 1990 1
which affirmed in toto the decision of Branch 2 of the Regional Trial Court of Legaspi City 2 granting
the petition of herein private respondent to adopt the minor Jason Condat, petitioner seeks the
reversal thereof in the present petition for review on certiorari.
On February 2, 1988, Zenaida Corteza Bobiles filed a petition to adopt Jason Condat, then six (6)
years old and who had been living with her family since he was four (4) months old, before the
Regional Trial Court of Legaspi City, docketed therein as Special Proceeding No. 1386. 3
The court a quo, finding the petition to be sufficient in form and substance, issued an order dated
February 15, 1988 setting the petition for hearing on March 28, 1988. 4 The order was duly
published, with copies thereof seasonably served on the Solicitor General; Assistant Provincial Fiscal
Mediavillo, Jr. of Albay; Salvador Condat, father of the child; and the social worker assigned to the
court. A copy of said order was posted on the bulletin board of the court and in the other places it
had required for that purpose. Nobody appeared to oppose the petition. 5
Compliance with the jurisdictional requirements having been proved at the hearing, the testimonies
of herein private respondent, together with that of her husband, Dioscoro Bobiles, and one Ma. Luz
Salameno of the Department of Social Welfare and Development were taken and admitted in the
proceedings.
On March 20, 1988, the trial court rendered judgment disposing as follows:
ACCORDINGLY, it is declared that henceforth, the minor child, JASON CONDAT, be freed from
all legal obligations of obedience and maintenance with respect to his natural parents, and
be, to all intents and purposes, the child of the spouses Dioscoro and Zenaida Bobiles, and
the surname of the child be changed to "Bobiles" which is the surname of the petitioner.
Furnish the Office of the Solicitor General, Manila, the Department of Social Welfare and
Development, Regional Office, Region V, Legaspi City, and the Local Civil Registrar of Tiwi,
Albay, with copies of this decision. 6
Herein petitioner appealed to the Court of Appeals which, as earlier stated, affirmed the aforesaid
decision of the court below. Hence, this present petition with the following assignment of errors:
1. The Honorable Court of Appeals erred in ruling that the Family Code cannot be applied
retroactively to the petition for adoption filed by Zenaida C. Bobiles; and
2 The Honorable Court of Appeals erred in affirming the trial court's decision which granted
the petition to adopt Jason Condat in favor of spouses Dioscoro Bobiles and Zenaida C.
Bobiles. 7
The petition for adoption was filed by private respondent Zenaida C. Bobiles on February 2, 1988,
when the law applicable was Presidential Decree No. 603, the Child and Youth Welfare Code. Under
said code, a petition for adoption may be filed by either of the spouses or by both of them. However,
after the trial court rendered its decision and while the case was pending on appeal in the Court of
Appeals, Executive Order No. 209, the Family Code, took effect on August 3, 1988. Under the said
new law, joint adoption by husband and wife is mandatory.
On the foregoing consideration, petitioner contends that the petition for adoption should be
dismissed outright for it was filed solely by private respondent without joining her husband, in
violation of Article 185 of the Family Code which requires joint adoption by the spouses. It argues
that the Family Code must be applied retroactively to the petition filed by Mrs. Bobiles, as the latter
did not acquire a vested right to adopt Jason Condat by the mere filing of her petition for adoption.
We are not persuaded.
Preliminarily, we observe that petitioner's theory implies that the non-inclusion of Dioscoro Bobiles as
a co-petitioner is a jurisdictional defect, hence its prayer for an outright dismissal on that score. It
could not be taking exception only on the ground of non-joinder since petitioner must be aware that
non-joinder is not a ground for the dismissal of an action or a special proceeding. We further
apprehend that this objection has been raised for the first time on appeal in respondent court.
Nonetheless, we shall clarify petitioner's misgivings as postulated in its aforestated assignment of
errors.
Article 246 of the Family Code provides for retroactive effect of appropriate relevant provisions
thereof, subject to the qualification that such retrospective application will not prejudice or impair
vested or acquired rights in accordance with the Civil Code or other laws.
A vested right is one whose existence, effectivity and extent does not depend upon events foreign to
the will of the holder. 9 The term expresses the concept of present fixed interest which in right
reason and natural justice should be protected against arbitrary State action, or an innately just and
imperative right which enlightened free society, sensitive to inherent and irrefragable individual
rights, cannot deny. 10 Vested rights include not only legal or equitable title to the enforcement of a
demand, but also an exemption from new obligations created after the right has vested. 11
Under the Child and Youth Welfare Code, private respondent had the right to file a petition for
adoption by herself, without joining her husband therein. When Mrs. Bobiles filed her petition, she
was exercising her explicit and unconditional right under said law. Upon her filing thereof, her right
to file such petition alone and to have the same proceed to final adjudication, in accordance with the
law in force at the time, was already vested and cannot be prejudiced or impaired by the enactment
of a new law.
When private respondent filed her petition in Special Proceeding No. 1386, the trial court acquired
jurisdiction thereover in accordance with the governing law. Jurisdiction being a matter of
substantive law, the established rule is that the jurisdiction of the court is determined by the statute
in force at the time of the commencement of the action. 12 We do not find in the present case such
facts as would constitute it as an exception to the rule.
The first error assigned by petitioner warrants a review of applicable local and foreign jurisprudence.
For that purpose, we start with the premise that Article 185 of the Family Code is remedial in nature.
Procedural statutes are ordinarily accorded a retrospective construction in the sense that they may
be applied to pending actions and proceedings, as well as to future actions. However, they will not be
so applied as to defeat procedural steps completed before their enactment. 13
Procedural matters are governed by the law in force when they arise, and procedural statutes are
generally retroactive in that they apply to pending proceedings and are not confined to those begun
after their enactment although, with respect to such pending proceedings, they affect only
procedural steps taken after their enactment. 14
The rule that a statutory change in matters of procedure will affect pending actions and proceedings,
unless the language of the act excludes them from its operation, is not so extensive that it may be
used to validate or invalidate proceedings taken before it goes into effect, since procedure must be
governed by the law regulating it at the time the question of procedure arises. 15
The jurisdictional, as distinguished from the purely procedural, aspect of a case is substantive in
nature and is subject to a more stringent rule. A petition cannot be dismissed by reason of failure to
comply with a law which was not yet in force and effect at the time. As long as the petition for
adoption was sufficient in form and substance in accordance with the law in governance at the time
it was filed, the court acquires jurisdiction and retains it until it fully disposes of the case. 16 To
repeat, the jurisdiction of the court is determined by the statute in force at the time of the
commencement of the action. Such jurisdiction of a court, whether in criminal or civil cases, once it
attaches cannot be ousted by subsequent happenings or events, although of a character which
would have prevented jurisdiction from attaching in the first instance. 17
On the second issue, petitioner argues that, even assuming that the Family Code should not apply
retroactively, the Court of Appeals should have modified the trial court's decision by granting the
adoption in favor of private respondent Zenaida C. Bobiles only, her husband not being a petitioner.
We do not consider this as a tenable position and, accordingly, reject the same.
Although Dioscoro Bobiles was not named as one of the petitioners in the petition for adoption filed
by his wife, his affidavit of consent, attached to the petition as Annex "B" and expressly made an
integral part thereof, shows that he himself actually joined his wife in adopting the child. The
pertinent parts of his written consent read as follows:
xxx xxx xxx
2. That my wife, ZENAIDA O. CORTEZA BOBILES and I mutually desire to adopt as our child, a
boy named JASON CONDAT, still a minor being six (6) years old, likewise residing at 18 C.
Imperial Street, Legaspi City, Albay, also in the Philippines;
3. That we are filing the corresponding Petition for Adoption of said minor child, JASON
CONDAT, before the Juvenile and Domestic Relations court, now the Regional Trial Court in
Legaspi City, Albay in the Philippines;
4. That I, Dioscoro C. Bobiles as the husband and father, am giving my lawful consent to this
adoption of said minor child, JASON CONDAT;
5. That further, my wife ZENAIDA O. CORTEZA BOBILES, and I have continuously reared and
cared for this minor child, JASON CONDAT since birth;
6. That as a result thereof, my wife and I have developed a kind of maternal and paternal love
for the boy as our very own, exercising therein the care, concern and diligence of a good
father toward him;
7. That I am executing this document, an AFFIDAVIT OF CONSENT for whatever it is worth in
the premises as to the matter of adoption of this minor child, JASON CONDAT, by my wife
ZENAIDA O. CORTEZA BOBILES and by me, DIOSCORO C. BOBILES, in any court of justice;
(Emphasis supplied.) 18
xxx xxx xxx
The foregoing declarations, and his subsequent confirmatory testimony in open court, are sufficient
to make him a co-petitioner. Under the circumstances then obtaining, and by reason of his foreign
residence, he must have yielded to the legal advice that an affidavit of consent on his part sufficed to
make him a party to the petition. This is evident from the text of his affidavit. Punctiliousness in
language and pedantry in the formal requirements should yield to and be eschewed in the higher
considerations of substantial justice. The future of an innocent child must not be compromised by
arbitrary insistence of rigid adherence to procedural rules on the form of pleadings.
We see no reason why the following doctrines in American law should not apply to this case and, for
that matter, in our jurisdiction. It is a settled rule therein that adoption statutes, as well as matters of
procedure leading up to adoption, should be liberally construed to carry out the beneficent purposes
of the adoption institution and to protect the adopted child in the rights and privileges coming to it as
a result of the adoption. 19 The modern tendency of the courts is to hold that there need not be more
than a substantial compliance with statutory requirements to sustain the validity of the proceeding;
to refuse would be to indulge in such a narrow and technical construction of the statute as to defeat
its intention and beneficial results or to invalidate proceedings where every material requirement of
the statute was complied with.
In support of this rule it is said that it is not the duty of the courts to bring the judicial microscope to
bear upon the case in order that every slight defect may be enlarged and magnified so that a reason
may be found for declaring invalid an act consummated years before, but rather to approach the
case with the inclination to uphold such acts if it is found that there was a substantial compliance
with the statute. 20 The technical rules of pleading should not be stringently applied to adoption
proceedings, and it is deemed more important that the petition should contain facts relating to the
child and its parents, which may give information to those interested, than that it should be formally
correct as a pleading. Accordingly, it is generally held that a petition will confer jurisdiction if it
substantially complies with the adoption statute, alleging all facts necessary to give the court
jurisdiction. 21
In determining whether or not to set aside the decree of adoption the interests and welfare of the
child are of primary and paramount consideration. 22 The welfare of a child is of paramount
consideration in proceedings involving its custody and the propriety of its adoption by another, and
the courts to which the application for adoption is made is charged with the duty of protecting the
child and its interests and, to bring those interests fully before it, it has authority to make rules to
accomplish that end. 23 Ordinarily, the approval of the adoption rests in the sound discretion of the
court. This discretion should be exercised in accordance with the best interests of the child, as long
as the natural rights of the parents over the child are not disregarded. In the absence of a showing of
grave abuse, the exercise of this discretion by the approving official will not be disturbed. 24
In the case at bar, the rights concomitant to and conferred by the decree of adoption will be for the
best interests of the child. His adoption is with the consent of his natural parents. 25 The
representative of the Department of Social Welfare and Development unqualifiedly recommended
the approval of the petition for adoption 26 and the trial court dispensed with the trial custody for
several commendatory reasons, especially since the child had been living with the adopting parents
since infancy. 27 Further, the said petition was with the sworn written consent of the children of the
adopters.
The trial court and respondent court acted correctly in granting the petition for adoption and we find
no reason to disturb the same. As found and aptly stated by respondent court: "Given the facts and
circumstances of the case and considered in the light of the foregoing doctrine, 28 We are of the
opinion and so hold that the decree of adoption issued by the court a quo would go a long way
towards promoting the welfare of the child and the enhancement of his opportunities for a useful and
happy life." 29
Adoption statutes, being humane and salutary, hold the interests and welfare of the child to be of
paramount consideration. They are designed to provide homes, parental care and education for
unfortunate, needy or orphaned children and give them the protection of society and family in the
person of the adopted, as well as to allow childless couples or persons to experience the joys of
parenthood and give them legally a child in the person of the adopted for the manifestation of their
natural parental instincts. Every reasonable intendment should be sustained to promote and fulfill
these noble and compassionate objectives of the law. 30
WHEREFORE, the instant petition is hereby DENIED.
SO ORDERED.
Separate Opinions
Separate Opinions
GUTIERREZ, JR., J., dissenting:
The ponente, Mr. Justice Edgardo L. Paras, is a noted teacher of Civil Law subjects and a well-known
author of many Commentaries on the Civil Code. The amicus curiae — former Justice Jose B.L. Reyes,
former Justice Ricardo C. Puno, former Senator Arturo Tolentino, former Justice Eduardo Caguioa, and
Professor Ruben Balane — together with the ponente read like a veritable Who's Who in Civil Law in
the Philippines.
It is, therefore, with trepidation that I venture to cast a discordant vote on the issue before the Court.
But it is perhaps because I am not as deeply steeped in the civil law tradition and in the usually tidy
and methodical neatness characterizing its ancient precepts that I discern a change effected by our
own version of the Civil Code. The orthodox rules which earlier inflexibly separated the legitimate
from the illegitimate families have been relaxed a little. The oppobrium cast on illegitimate children
and the disadvantages they suffer in law are no longer as overwhelming as before. The wall is no
longer as rigid as it used to be. The efforts of the Code Commission and the Congress to make our
civil law conform "With the customs, traditions, and idiosyncrasies of the Filipino people and with
modern trends in legislation and the progressive principles of law" have resulted in deviations from
the strict and narrow path followed by Manresa and other early glossators. I, therefore, do not feel
bound to follow the ancient interpretations in the presence of absurd and unjust results brought
about by amendments in the new Civil Code.
We have here a case of grandchildren who cannot inherit from their direct ascendant, their own
grandmother, simply because their father (who was a legitimate son) failed to marry their mother.
There are no other direct heirs. Hence, the properties of their grandmother goes to a collateral
relative — her niece. If the niece is no longer alive, an even more distant group of grandnieces and
grandnephews will inherit as against the grandmother's own direct flesh and blood.
As pointed out by the petitioners, the decision of the Intermediate Appellate Court disregards the
order of intestate succession in Arts. 978 to 1014 of the Civil Code and the right of representation in
Art. 970 of descendants, whether legitimate or illegitimate as provided by Arts. 902, 993, and 995.
I agree that a clear and precise amendment is needed if collateral relatives such as illegitimate
children and legitimate uncles, aunts, or cousins or illegitimate siblings and their legitimate half-
brothers or half-sisters are to inherit from one another. But I must stress that the barrier is between
the legitimate and illegitimate families. I see no reason why we should include a grandmother or
grandfather among those where a firm wall of separation should be maintained. She cannot be a
separate "family" from her own grandchildren.
The ancient wall was breached by our Code Commission and Congress in Art. 902 of the Code which
provides:
The rights of illegitimate children set forth in the preceding articles are transmitted upon their
death to their descendants, whether legitimate or illegitimate. (843a)
The illegitimate children of an illegitimate child have the right to represent him in the circumstances
given in preceding articles. Before the Code was amended, that right was reserved to the illegitimate
child's legitimate off-spring.
I find it absurd why the petitioners could have represented their father Pablo if their grandparents
Simona and Pascual had not been legally married. Senator Tolentino, while supporting the majority
view of this Court states:
xxx xxx xxx
In the present article, the Code Commission took a step forward by giving an illegitimate child the
right of representation, which he did not have under the old Code. But in retaining without
change provisions of the old Code in Article 992, it created an absurdity and committed an
injustice, because while the illegitimate descendant of an illegitimate child can represent, the
illegitimate descendant of a legitimate child cannot. The principle that the illegitimate child
should succeed by operation of law only to persons with the same status of illegitimacy has thus
been preserved. And this is unfair to the illegitimate descendants of legitimate children. Dura lex,
sed lex. (Tolentino, Commentaries and Jurisprudence on the Civil Code of the Philippines, Vol. III,
1987 ed., p. 330.)
The adoption of a harsh and absurd interpretation, pending an amendment of the law, does not
impress me as correct. Precisely, the word "relatives" in Art. 992 calls for reinterpretation because
the Code has been amended. The meaning of relatives must follow the changes in various provisions
upon which the word's effectivity is dependent.
My dissent from the majority opinion is also premised on a firm belief that law is based on
considerations of justice. The law should be interpreted to accord with what appears right and just.
Unless the opposite is proved, I will always presume that a grandmother loves her grandchildren —
legitimate or illegitimate — more than the second cousins of said grandchildren or the parents of said
cousins. The grandmother may be angry at the indiscretions of her son but why should the law
include the innocent grandchildren as objects of that anger. "Relatives" can only refer to collateral
relatives, to members of a separate group of kins but not to one's own grandparents.
I, therefore, vote to grant the motion for reconsideration.
VITUG, J.:
The property involved in this petition for review on certiorari is the inheritance left by an illegitimate
child who died intestate without any surviving descendant or ascendant.
Petitioners, the legitimate children of spouses Antonio Manuel and Beatriz Guiling, initiated this suit.
During his marriage with Beatriz, Antonio had an extra-marital affair with one Ursula Bautista. From
this relationship, Juan Manuel was born. Several years passed before Antonio Manuel, his wife
Beatriz, and his mistress Ursula finally crossed the bar on, respectively, 06 August 1960, 05 February
1981 and 04 November 1976.
Juan Manuel, the illegitimate son of Antonio, married Esperanza Gamba. In consideration of the
marriage, a donation propter nuptias over a parcel of land, with an area of 2,700 square meters,
covered by Original Certificate of Title ("OCT") No. P-20594 was executed in favor of Juan Manuel by
Laurenciana Manuel. Two other parcels of land, covered by OCT P-19902 and Transfer Certificate of
Title ("TCT") No. 41134, were later bought by Juan and registered in his name. The couple were not
blessed with a child of their own. Their desire to have one impelled the spouses to take private
respondent Modesta Manuel-Baltazar into their fold and so raised her as their own "daughter".
On 03 June 1980, Juan Manuel executed in favor of Estanislaoa Manuel a Deed of Sale Con Pacto de
Retro (with a 10-year period of redemption) over a one-half (1/2) portion of his land covered by TCT
No. 41134. Juan Manuel died intestate on 21 February 1990. Two years later, or on 04 February
1992, Esperanza Gamba also passed away.
On 05 March 1992, a month after the death of Esperanza, Modesta executed an Affidavit of Self-
Adjudication claiming for herself the three parcels of land covered by OCT P-20594, OCT P-19902 and
TCT No. 41134 (all still in the name of Juan Manuel). Following the registration of the document of
adjudication with the Office of the Register of Deeds, the three titles
(OCT P-20594, OCT P-19902 and TCT No. 41134) in the name of Juan Manuel were canceled and new
titles, TCT No. 184223, TCT No. 184224 and TCT No. 184225, were issued in the name of Modesta
Manuel-Baltazar. On 19 October 1992, Modesta executed in favor of her co-respondent Estanislaoa
Manuel a Deed of Renunciation and Quitclaim over the unredeemed one-half (1/2) portion of the land
(now covered by TCT No. 184225) that was sold to the latter by Juan Manuel under the 1980 Deed of
Sale Con Pacto de Retro. These acts of Modesta apparently did not sit well with petitioners. In a
complaint filed before the Regional Trial Court of Lingayen, Pangasinan, the petitioners sought the
declaration of nullity of the aforesaid instruments.
The case, there being no material dispute on the facts, was submitted to the court a quo for
summary judgment.
The trial court, in its now assailed 15th August 1994 decision, dismissed the complaint holding that
petitioners, not being heirs ab intestato of their illegitimate brother Juan Manuel, were not the real
parties-in-interest to institute the suit. Petitioners were also ordered to jointly and severally
(solidarily) pay
(a) respondent Modesta Manuel-Baltazar the sum of P5,000.00 for moral damages, P5,000.00 for
exemplary damages, P5,000.00 for attorney's fees and P500.00 for litigation expenses and (b)
Estanislaoa Manuel the sum of P5,000.00 for moral damages, P5,000.00 for exemplary damages and
P500.00 for attorney's fees.
Petitioners' motion for reconsideration was denied by the trial court.
The petition before us raises the following contentions: That —
1. THE LOWER COURT (HAS) FAILED TO CONSIDER THE LAST PARAGRAPH OF ARTICLE 994 OF
THE NEW CIVIL CODE, AS THE CONTROLLING LAW APPLICABLE BY VIRTUE OF THE ADMITTED
FACTS, AND NOT ARTICLE 992 OF THE SAME CODE.
2. THE LOWER COURT, IN NOT ANNULLING ALL THE ACTS OF, AND VOIDING ALL DOCUMENTS
EXECUTED BY, RESPONDENT MODESTA BALTAZAR, WHO ARROGATED UNTO HERSELF THE
RIGHTS OF AN HEIR TO THE ESTATE OF DECEDENT JUAN MANUEL, (HAS) VIRTUALLY GRANTED
SAID RESPONDENT THE STATUS OF AN HEIR MANIFESTLY CONTRARY TO LAW, MORALS AND
PUBLIC POLICY.
3. TO ENFORCE ONE'S RIGHT WHEN THEY ARE VIOLATED IS NEVER A LEGAL WRONG. 1
Petitioners argue that they are the legal heirs over one-half of Juan's intestate estate (while the other
half would pertain to Juan's surviving spouse) under the provision of the last paragraph of Article 994
of the Civil Code, providing thusly:
Art. 994. In default of the father or mother, an illegitimate child shall be succeeded by his or
her surviving spouse, who shall be entitled to the entire estate.
If the widow or widower should survive with brothers and sisters, nephews and nieces, she or
he shall inherit one-half of the estate, and the latter the other half. (Emphasis supplied)
Respondents, in turn, submit that Article 994 should be read in conjunction with Article 992 of the
Civil Code, which reads:
Art. 992. An illegitimate child has no right to inherit ab intestato from the legitimate children
and relatives of his father or mother; nor shall such children or relative inherit in the same
manner from the illegitimate child. (Emphasis supplied)
Article 992, a basic postulate, enunciates what is so commonly referred to in the rules on succession
as the "principle of absolute separation between the legitimate family and the illegitimate family."
The doctrine rejects succession ab intestato in the collateral line between legitimate relatives, on the
one hand, and illegitimate relatives, on other hand, although it does not totally disavow such
succession in the direct line. Since the rule is predicated on the presumed will of the decedent, it has
no application, however, on testamentary dispositions.
This "barrier" between the members of the legitimate and illegitimate family in intestacy is explained
by a noted civilist. 2 His thesis:
What is meant by the law when it speaks of brothers and sisters, nephews and nieces, as legal or
intestate heirs of an illegitimate child? It must be noted that under Art. 992 of the Code, there is a
barrier dividing members of the illegitimate family from members of the legitimate family. It is
clear that by virtue of this barrier, the legitimate brothers and sisters as well as the children,
whether legitimate or illegitimate, of such brothers and sisters, cannot inherit from the
illegitimate child. Consequently, when the law speaks of "brothers and sisters, nephews and
nieces" as legal heirs of an illegitimate child, it refers to illegitimate brothers and sisters as well
as to the children, whether legitimate or illegitimate, of such brothers and sisters. (Emphasis
supplied)
The Court, too, has had occasions to explain this "iron curtain", firstly, in the early case of Grey v.
Fabie 3 and, then, in the relatively recent cases of Diaz v. Intermediate Appellate Court 4 and De la
Puerta v. Court of Appeals. 5 In Diaz, we have said:
Article 992 of the New Civil Code . . . prohibits absolutely a succession ab intestato between the
illegitimate child and the legitimate children and relatives of the father or mother of said
legitimate child. They may have a natural tie of blood, but this is not recognized by law for the
purposes of Article 992. Between the legitimate family and the illegitimate family there is
presumed to be an intervening antagonism and incompatibility. The illegitimate child is
disgracefully looked down upon by the legitimate family; the legitimate family is, in turn, hated
by the illegitimate child; the latter considers the privileged condition of the former, and the
resources of which it is thereby deprived; the former, in turn, sees in the illegitimate child nothing
but the product of sin, palpable evidence of a blemish broken in life; the law does no more than
recognize this truth, by avoiding further grounds of resentment.
The rule in Article 992 has consistently been applied by the Court in several other cases. Thus, it has
ruled that where the illegitimate child had
half-brothers who were legitimate, the latter had no right to the former's inheritance; 6 that the
legitimate collateral relatives of the mother cannot succeed from her illegitimate child; 7 that a
natural child cannot represent his natural father in the succession to the estate of the legitimate
grandparent; 8 that the natural daughter cannot succeed to the estate of her deceased uncle who is a
legitimate brother of her natural father; 9 and that an illegitimate child has no right to inherit ab
intestato from the legitimate children and relatives of his father. 10 Indeed, the law on succession is
animated by a uniform general intent, and thus no part should be rendered inoperative 11 by, but
must always be construed in relation to, any other part as to produce a harmonious whole. 12
In passing, we might, in easy graphic presentation, collate the order of preference and concurrence
in intestacy expressed in Article 978 through
Article 1014, inclusive, of the Civil Code; viz.:
Order of Preference Order of Concurrence
(a) Legitimate Children and (a) Legitimate Children and
Descendants Descendants, Illegitimate
Children and Descendants,
and Surviving Spouse
(b) Legitimate Parents and (b) Legitimate Parents and
Ascendants Ascendants Illegitimate
Children and Descendants,
and Surviving Spouse
(c) Illegitimate Children and (c) Illegitimate Children and
Descendants (in the absence Descendants and Surviving
of ICDs and LPAs, the Spouse
Illegitimate Parents)
(d) Surviving Spouse (d) Surviving Spouse and
Illegitimate Parents
(e) Brothers and Sisters/ (e) Brothers and Sisters/
Nephews and Nephews and Nieces
Nieces and Surviving Spouse
(f) Other Collateral Relatives (f) Alone
(within the fifth civil degree)
(g) State (g) Alone
In her answer to the complaint, Modesta candidly admitted that she herself is not an intestate
heir of Juan Manuel. She is right. A ward (ampon), without the benefit of formal (judicial)
adoption, is neither a compulsory nor a legal heir. 13
We must hold, nevertheless, that the complaint of petitioners seeking the nullity of the Affidavit
of Self-Adjudication executed by Modesta, the three (3) TCT's issued to her favor, as well as the
Deed of Renunciation and Quitclaim in favor of Estanislaoa Manuel, was properly dismissed by
the trial court. Petitioners, not being the real "parties-in-interest" 14 in the case, had neither the
standing nor the cause of action to initiate the complaint.
The Court, however, sees no sufficient reason to sustain the award of amounts for moral and
exemplary damages, attorney's fees and litigation expenses. An adverse result of a suit in law
does not mean that its advocacy is necessarily so wrongful as to justify an assessment of
damages against the actor. 15
WHEREFORE, the appealed decision of the Regional Trial Court of Pangasinan (Branch 37) is
AFFIRMED, except insofar as it has awarded moral and exemplary damages, as well as
attorney's fees and litigation expenses, in favor of private respondents, which portion is hereby
DELETED. No special pronouncement on costs.
SO ORDERED.
This is a petition under section 513 of the Code of Civil Procedure to reopen the land registration
proceedings in regard to lot No. 7510 of the Cadaster of Cebu.chanroblesvirtuallawlibrary chanrobles
virtual law library
The petitioner alleges that he is the owner of said lot No. 7510; that in or about the year 1907 he
absented himself from the city of Cebu, leaving the respondent in charge of the lot; that on or about
the 16th of April, 1921, the petitioner, upon visiting the office of the clerk of the Court of First
Instance of Cebu, discovered that the respondent had fraudulently obtained the registration of said
lot in his own name and that a certificate of title for said lot had been issued to said respondent on
January 24, 1920; that the petitioner, due to his long absence from Cebu, was unable to appear in
court in the land registration proceedings and to defend his rights; and that this action is his only
remedy to recover the property in question. He therefore asks that the decision of the Court of First
Instance in regard to said lot No. 7510 be annulled and that a new trial be had. The case is now
before us upon demurrer by the respondent to the petition on the ground that it does not state facts
sufficient to constitute a cause of action.virtual law library
The respondent maintains that section 513 of the Code of Civil Procedure is not applicable to
decisions in land registration proceedings which are covered by a final decree and this is the only
question of importance raised by the demurrer.es virtual law library
A brief statement of the history of the legislation relating to the question at issue may be by some
aid in its determination. The original Land Registration Act (No. 496) which established the Torrens
system of registration in these Islands, went into effect on January 1, 1903, It created a court of land
registration and its section 14 provided for an appeal from that court to the Court o First Instance.
Section 38 of the Act reads:
If the court after hearing finds that the applicant has title as stated in his application, and
proper for registration, a decree of confirmation and registration shall be entered. Every decree
of registration shall bind the land, and quiet title thereto, subject only to the exceptions stated
in the following section. It shall be conclusive upon and against all persons, including the Insular
Government and all the branches thereof, whether mentioned by name in the application,
notice, or citation, or included, in the general description "To all whom it may concern.' Such
decree shall not be opened by reason of the absence, infancy, or other disability of any person
affected thereby, nor by any proceeding in any court for reversing judgment or decrees;
subject, however to the right of any person deprived of land or of any estate or interest therein
by decree of registration obtained by fraud to file in the Court of Land Registration a petition for
review within one year after entry of the decree, provided no innocent purchaser for value has
acquired an interest. If there is any such purchaser, the decree of registration shall not be
opened, but shall remain in full force and effect forever, subject only to the right of appeal
hereinbefore provided. But any person aggrieved by such decree in any case may pursue his
remedy by action for damages against the applicant or any other person for fraud in procuring
the decree. Whenever the phrase 'innocent purchaser for value' or an equivalent phrase occurs
in this Act, it shall be deemed to include an innocent lessee, mortgagee, or other encumbrances
for value.
On April 15, 1904, Act No. 1108 was enacted which, by its section 4, amended section 14 of the
original Act so as to read as follows:
SEC. 14. Every order, decision, and decree of the Court of Land Registration may be reviewed by
the Supreme Court in the same manner as an order decision, decree or judgment of a Court of
First Instance might be reviewed, and for that purpose sections one hundred and forty-one one
hundred and forty-two, one hundred and forty-three, four hundred and ninety-six, four hundred
ninety-seven (except that portion thereof relating to assessors), four hundred and ninety-nine,
five hundred, five hundred and one, five hundred and two, five hundred and three, five hundred
and four, five hundred and five, five hundred and six, five hundred and seven, five hundred and
eight, five hundred and nine, five hundred and eleven, five hundred and twelve, five hundred and
thirteen, five hundred and fourteen, five hundred and fifteen, five hundred and sixteen, and five
hundred and seventeen of Act Numbered One hundred and ninety, entitled "An Act providing a
Code of Procedure in civil actions and special proceedings in the Philippine islands," are made
applicable to all the proceedings of the Court of Land Registration and to a review thereof by the
Supreme Court, except as otherwise provided in this section: Provided, however, That no
certificates of title shall be issued by the Court of Land Registration until after the expiration of
the period for perfecting a bill of exceptions for filing: And provided further, That the Court of
Land Registration may grant a new trial in any case that has not passed to the Supreme Court, in
the manner and under the circumstances provided in sections one hundred and forty-five, one
hundred and forty-six, and one hundred forty-seven of Act Numbered One Hundred and ninety:
And provided also, That the certificates of judgment to be issued by the Supreme Court, in cases
passing to it from the Court of Land Registration, shall be certified to the clerk of the last-named
court as well as the copies of the opinion of the Supreme Court: And provided also, That in the bill
of exceptions to be printed no testimony or exhibits shall be printed except such limited portions
thereof as are necessary to enable the Supreme Court to understand the points of law reversed.
The original testimony and exhibits shall be transmitted to the Supreme Court. . . .
Section 513 of the Code of Civil Procedure to which reference is made in the foregoing section, reads:
When a judgment is rendered by a Court of a First Instance upon default, and a party thereto
is unjustly deprived of a hearing by fraud, accident, mistake or excusable negligence, and the
Court of First Instance which rendered the judgment has finally adjourned so that no
adequate remedy exists in that court, the party so deprived of hearing may present his
petition to the Supreme Court within sixty days after he first learns of the rendition of such
judgment, and not thereafter, setting forth the facts and praying to have such judgment set
aside. The court shall summarily on notice to both parties hear such petition, upon oral
written testimony as it shall direct, and the judgment shall be set aside and the trial upon the
merits granted, upon such terms as may be just, if the facts set forth in the complaint are
found to be true, otherwise the complaint shall be dismissed with costs.
If a trial on the merits is granted, the order shall forthwith be certified to the Court of First
Instance. Pending such petition, any judge of the Supreme Court for cause shown, may order
a suspension of further proceedings to enforce the judgment complained of, upon taking
sufficient security from the petitioner for all costs and damages that may be awarded against
him in case the petition is dismissed.
From the time of passage of Act No. 1108 until the filing of the petition in the recent case of Caballes
vs. Director of Lands (41 Phil., 357) the final decrees in land registration cases were always regarded
as indefeasible and it apparently did not occur to the members of the legal profession that the
provision of section 513, supra, could be applied to such decrees or to the orders or decisions upon
which they were based. Aside from the dictum in the Caballes case, this court has consistently held
that final decrees in land registration cases could not be reopened except under the circumstances,
and in the manner, mentioned in section 38 of the Land Registration Act. (Grey Alba vs. De la Cruz,
17 Phil., 49; City of Manila vs. Lack, 19 Phil., 324; Cuyugan and Lim Tuico vs. Sy Quia, 24 Phil., 567;
Broce vs. Apurado, 26 Phil., 581; Roxas vs. Enriquez, 29, Phil., 31; De Jesus vs. City of Manila, 29
Phil., 73; Manila Railroad Co. vs. Rodriguez, 29 Phil., 336; Legarda and Prieto vs. Saleeby, 31 Phil.,
590; Mariano Velasco and Co. vs. Gochico and Co., 33 Phil., 363; Roman Catholic Archbishop of
Manila vs. Sunico and Catli, 36 Phil., 279; Blas vs. De la Cruz and Melendres, 37 Phil., 1, and
Government of the Philippine Islands vs. Abural, 39 Phil., 996.) chanrobles virtual law library
The dominant principle of the Torrens system of land registration is that the titles registered
thereunder are indefeasible or as nearly so as it is possible to make them. (Niblack's Analysis of the
Torrens System, paragraphs 5, 161, and 166; Sheldon on Land Registration, pp. 40 and 41; Dumas'
Registering Title to Land, p. 31; Hogg on the Australian Torrens System, pp. 775 et seq.) This
principle is recognized to the fullest extent in our Land Registration Act and gives the Act its principle
value. (See land Registration Act, section 38 and 39.) chanrobles virtual law library
An examination of Act No. 1108 shows that it merely provides for the amendment of section 6, 12,
13, 14, 17, 19, 24, 36, and 114 of the original Land Registration Act. Sections 14 and 19 relate to
matters of procedure; all the other section mentioned deal with administrative matters. Nowhere in
Act. No 1108 is there any direct indication of any intention or to impair the strength of the registered
titles.
The purpose of the amendment of section 14 of land Registration Act was clearly to make the Court
of Land Registration coordinate with the Court of First Instance and to make its judgments
appealable to the Supreme Court instead of to the Courts of First instance. In carrying out this
purpose the Legislature by reference to certain sections of the Code of Civil Procedure, incorporated
into the Land Registration Act the then existing provisions for bills of exceptions and appeals from
the Court of First Instance to the Supreme Court and made certain original actions in the Supreme
Court applicable to land registration matters. This was all that was done and very evidently all it was
intended to do.
As Act No. 1108 only amended certain section of the Land Registration Act and did not purport to
amend the Act as whole, or to introduce any new principle therein, the amended section should be
read in connection with the other sections of the Act as if all had been enacted in the same statute,
and, as far as possible, effect should be given to them all in furtherance of the general design of the
Act. Sutherland on Statutory Construction 2d ed., says in paragraph 368:
The practical inquiry is usually what a particular provision, clause, or word means. To answer it
one must proceed as he would with any other composition - construe it with reference to the
leading idea or purpose of the whole instrument. A statute is passed as a whole and not in parts
of section and is animated by one general purpose and intent. Consequently each part or section
should be construed in connection with every other part or section and so as to produce a
harmonious whole. It is not proper to confine the attention to the one section to be construed. "It
is always an unsafe way of construing a statute or contract to divided it by a process of
etymological dissection, into separate words, and then apply to each, thus separated from its
context, some particular definition given by lexicographers, and then reconstruct the instrument
upon the basis of these definitions. An instrument must always be construed as a whole, and the
particular meaning to be attached to any word or phrase is usually to be ascertained from the
context, the nature of the subject treated of and the purpose or intention of the parties who
executed the contract, or of the body which enacted or framed the statute or constitution."
(International Trust Co. vs. Am. L. and I. Co., 62 Minn., 501.) Another court says: "Statutes must
receive a reasonable construction, reference being had to their controlling purpose, to all their
provisions, force and effect being given not narrowly to isolated and disjointed clauses, but to
their plain spirit, broadly taking all their provisions together in one rational view. Neither
grammatical construction nor the letter of the statute nor its rhetorical framework should be
permitted to defeat its clear and definite purpose to be gathered from the whole act, comparing
part with part. . . . A statute must receive such reasonable construction as will, if possible, make
all its parts harmonize with each other, and render them consistent with its scope and object."
(Adams vs. Yazoo and Miss Val. R.R. Co., 75 Miss., 275.)
Applying the principles stated, we do not think it impossible to so harmonize the various section of
the Land Registration Act as to carry out its general intent.
It must be conceded that section 14, as amended, is repugnant to several other sections of the Land
Registration Act, if we hold that the final "decree of confirmation and registration" provided for in
section 38 of the Act is a "judgment" within the meaning of section 513 of the Code of Civil
Procedure. But we do not think it necessary to so hold. The Land Registration Act itself distinguishes
between a judgment and the final decree. In section 36 of the Act the decision rendered by the court
is styled "a judgment." The final "decree of confirmation and registration" cannot be entered until at
least thirty days after such judgment has been rendered. The contents of this final decree is thus
prescribed by section 40 of the Act:
Every decree of registration shall bear the day of the year, hour, and minute of its entry, and
shall be signed by the clerk. It shall state whether the owner is married or unmarried, and if
married, the name of husband or wife. If the owner is under disability, and if a minor, shall
state his age. It shall contain a description of the land as finally determined by the court, and
shall set forth the estate of the owner, and also, in such manner as to show their relative
priority, all particular estates, mortgages, easements, liens, attachments, and other
incumbrances, including rights of husband and wife, if any, to which the land or owner's
estate is subject, and may contain any other matter properly to be determined in pursuance
of this Act. The decree shall be stated in a convenient form for transcription upon the
certificates of title hereinafter mentioned.
As provided in the last sentence of the section quoted, the decree is transcribed literally upon the
certificates of title. Section 38 of the Act provides that it "shall not be opened by reason of the
absence infancy, or other disability of any person affected thereby, nor by any proceeding in any
court for reversing judgment or decrees." chanrobles virtual law library
It can readily be seen that such a decree possesses very special characteristics and that it differs not
only in form but also in character from the ordinary judgment.
Its features of finality and indefeasibility constitute the cornerstone of the Land Registration Act; if
we eliminate them we may still have a land registration system but it will not be a Torrens system.
To hold that the Legislature by a mere reference in Act No. 1108 to section 513 of the Code of Civil
Procedure intended to include such final decrees in term "judgment" as employed in that section
would therefore equivalent to holding that it proposed in this casual manner to abolish the Torrens
system in these Islands, a system which had given general satisfaction, and to substitute therefor a
mongrel system with all disadvantages of Torrens registration but without its principal advantages.
Such an interpretation of the law would be in conflict with the view of the effect of final decree
expressed in all decisions of this court upon the subject from the time of the enactment of Act No.
1108 until the present time, with the sole exception of the aforementioned dictum in the case of
Caballes vs. Director of Lands, supra. It would lay a final land registration decree open to successive
attacks by persons claiming to have been deprived of their interest in the decreed land by default
and would throw the title back into the realm of oral evidence, which, in land disputes in this country,
has always been found notoriously unreliable chanrobles virtual law library
Moreover, an examination of the Land Registration Act shows clearly that its prime object is to give
the greatest possible protection to the bona fide holders of the certificates of title provided for in the
Act. If a final decree of confirmation and registration should be reopened and cancelled, it is, of
course, obvious that all certificates of title issued under the decree would fail whether the holders
were guilty of bad faith or not; as far as the validity of his title might be concerned, the bona fide
holder of a transfer certificate - an innocent third party - would be exactly in the same position as the
holder in bad faith of the first certificate issued under a decree, i. e, neither would have any legal
title whatever.
A bona fide holder of title recorded in the old, or Mortgage Law, register would then be in a much
better position inasmuch as he would enjoy the very important benefits of article 34 of the Mortgage
Law. In other words, the old register would offer greater advantages and afford much better
protection to bona fide third parties than would the Torres register if we were to accept the
interpretation placed upon the law by the petitioner. It requires no argument to show that such an
interpretation would defeat the principal object of the Land Registration Act and render the
certificate of title an instrument of very slight value. It is hardly conceivable that the legislators
intended to create such a state of affairs.
Another circumstances also plainly indicates that in enactment of Act No. 1108 it was not the
purpose to make such drastic changes in the law. The theory of American adaptation of the Torrens
system is that every transfer of title and every memorandum upon the certificate of title is a judicial
act and that the register of deeds merely acts in a ministerial capacity as an officer of the court.
A transfer certificate of title is both in form and in substance merely a variation of the final decree in
the case; it runs in the name of the judge of the court, contains the same data as the final decree
and transfer and confirms the title just as effectively. If, therefore, we regard the final decree as a
judgment within the meaning of section 513 of the Code of Civil Procedure, we must also so regard a
transfer of certificate of title. Now, if this is so, what can then be the purpose of maintaining the
assurance fund? If both final decrees and transfer certificates of title can be regarded as judgments
and reopened or cancelled by a proceeding under section 513, how can there ever be any demand
upon the assurance fund? Indeed, the fact that in passing Act No. 1108 the Legislature left the
provisions for the assurance fund intact and did not reduce the amount of the premium to be paid
into said fund by an applicant for registration, shows sufficiently that if did not intend to introduce a
new proceeding in substitution of the action against the assurance fund. We cannot assume or
believe that the collection of the assurance premium or fee is only a scheme on the part o of the
Government to obtain money under false pretenses.
If we, on the other hand, hold that in land registration matters section 513 of the Code of the Civil
Procedure applies only to those judgment which are not covered by final decrees of confirmation (of
which the Caballes case offers a good example) all difficulties in reconciling the amended section 14
of the Land Registration Act within its other section disappear and the registration system
established by the Act will remain intact. In view of the fact that it obviously was not the intention of
the Legislature to introduce any radical changes in the system itself, this seems to be the only
rational construction which can be placed upon the law.
Such an interpretation can in reality impose no material hardship upon the aggrieved party; he still
has his right of action for damages against the person who has unjustly deprived him of his land and
if the title has not been transferred to a third party, an attachment may be levied upon the land.
Recourse may also be had to be assurance fund in proper cases. Furthermore, we have already held
in the case of Cabanos vs. Register of Deeds of Laguna and Obiñana (40 Phil., 620) that in certain
cases a suit in equity may be maintained to compel the conveyance of registered land to the true
owner.
A person who, through no fault of his own, has been deprived of his land through registration
proceedings is thus offered all the remedies which he, in justice and equity, ought to have; to go
father and allow his claims to prevail against the rights of a bona fide purchaser for value from the
holder of a registered title is neither justice nor common sense and is, as we have seen, subversive
of the object of the Land Registration Act. This, as far as we can see, would be the inevitable and
logical consequence of adopting the doctrine that final land registration decrees may be reopened; it
is inconceivable that a certificate of title can stand when the decree upon which it is based fails.
It has been suggested by some of the opponents of the views set forth that as under the final decree
in land registration case the petitioner acquires a legal title a purchaser from him in good faith also
acquires a good title and cannot be disturbed through proceedings under section 513, and that such
proceedings can, therefore, only reach the original holder of the title and his mala fides transferees.
This view is in itself a recognition of the fact that the sweeping language of the section in question is
not, to its full extent, applicable to land registration cases; the only difference between this theory
and ours is that the line of the inapplicability of the section is drawn at a different point. Instead of
being placed at the issuance of the final decree, thus making the section applicable to judgments not
covered by such decrees, the line of demarcation is drawn at the point of where the land passes into
the hands of an innocent purchaser of value.brary
While this interpretation of the law has an appearance of reasonableness, at first sight, may seem
harmless, its adoption would in reality be only slightly less disastrous than the holding that section
513 is applicable to all land registration matters. The fact that the question of good or bad faith on
the part of a purchaser would often have to be determined by oral evidence, would introduce an
element of uncertainty which would impair the value of Torens titles out of all proportion to the
benefits to be derived from the application of the remedy prescribed by section 513 in the manner
suggested. There might be few successful attacks on such titles, but from a practical point of view
the possibility of attacks and of litigation in regard to which the Statute of Limitation does not apply,
would necessarily have a deterrent effect on possible investors in lands covered by such titles. And,
as we have seen, there is not now, and never has been, any real necessity for such an application of
the remedy in land registration cases; the field is sufficiently covered by other remedies, equally
effective and much less harmful to the public interest. It is, therefore, not at all a question of
sanctioning or encouraging fraud by curtailing the remedies against it.
For the reasons stated, we hold that so called "decree of confirmation and registration" provided for
in the Land Registration Act is not a judgment within the meaning of section 513 of the Code of Civil
Procedure and that such a decree cannot be reopened except for the reasons and in the manner
stated in section 38 of the Land Registration Act.
The demurrer must, accordingly, be sustained and it being evident that the petition suffers from
defects not curable by an amendment, an order absolute will be entered dismissing the same with
costs. So ordered.
I concur in the foregoing decision, and have to state, in addition, that as the declaration made by this
court in the case of Caballes vs. Director of Lands (41 Phil., 357) with regard to the application of
section 513 of the Code of Civil Procedure to cadastral land or registration proceedings has reference
only to the case where final judgment by default has been rendered, and not to that where the final
decree has been entered and the respective certificate of title issued, as in the instant case, such a
declaration cannot serve as ground to support the pretension of the petitioner, nor is it in conflict
with the finding and ruling contained in this decision.
The complaint in this case, considered as a petition for relief under section 513 of the Code of Civil
Procedure, is apparently defective in more than one respect; and if the court had been content to
sustain the demurrer because of the insufficiency of the complaint to make out a cause for relief, the
undersigned would not have been called upon to record this dissent. Instead of pursuing this course,
the court holds that said section 513 is not applicable in land registration proceedings. In so holding,
the court flatly refuses to give effect to so much of section 4 of Act No. 1108 of the Philippine
Commission as makes section 513 of our Code of Civil Procedure applicable in land registration
cases. The reason suggested for this in substance is that said section opposed to the spirit and
purpose of the Land Registration Act. Our reply to this is that the same legislative body that
introduced the Torrens system in these Islands was not lacking power to modify the system so
introduced; and it is an unusual and in our opinion unjustified exercise of judicial power to override
the legislative will as expressed in the amendatory Act.
It is idle to invoke in such a case as this the familiar rules of interpretation and construction. These
rules were devised for the purpose of enabling the courts to discover the legislative intent when such
intent is not readily discernible, and above all rules of statutory interpretation stands the
fundamental principle that where the intention of the legislative body is clearly revealed no
interpretation or construction is admissible which contradicts that intention.
In dealing with a decision believed to be so entirely untenable as this, the temptation to multiply
words is great but we content ourselves with a few observations on a single aspect of the case,
which has reference to the manner in which section 513 of the Code of Civil Procedure would operate
in land registration case if allowed to have effect.
In the first place it will be noted that section 513 contemplates and assumes the existence of valid
judgment, which means - in relation to land registration proceedings - that there has been a
conclusive adjudication of title and that the decree has become final in the sense that the Court of
First Instance has lost he power to change the same and that the time for appeal to the Supreme
Court has passed, with the result that, but for the remedy now given in section 513 all right of party
adversely affected by the decree has been totally destroyed. In other words the person in whose
name the property has been registered has acquired an indefeasible legal title, subject only to be
divested in a subsequent proceeding under section 513.
This being true, it must follow that any bona fide purchaser of the property who acquires the same
from the person in whose name the same is registered, before any proceeding is instituted under
section 513, acquired a good title and cannot be disturbed, regardless of what the situation may be
as between the petitioner, supposedly the original true owner, and the person who procured the
property to be registered in his own name. Section 38 of the Land Registration Act, which permits the
decree to be opened within one year in the Court of Land Registration upon the petition of one who
have been deprived of an interest in the land by fraud, expressly saves the interest of any innocent
purchaser for value; and in obedience to recognized principles of jurisprudence the same reservation
of the rights of the innocent purchaser must be understood to exist in connection with the remedy
given by section 513. It is rudimentary in English and American jurisprudence that a person who has
acquired the legal title to property by transfer for value and without notice of any defect in the title
will not be deprived thereof at the instance of any person having equitable right only, even though it
be prior to in point of time. In this connection it should be borne in mind that the remedy granted in
section 513 involves the exercise of the equity power of the court; and the equitable right of a
person against whom a default judgment has been taken in land registration proceeding, under the
conditions mentioned in that section, to have the decree set aside does not rest upon as high a plane
as does the rest upon as high a plane as does the right of an innocent purchaser from the person in
whose name the title has been registered.
It should be observed that section 513 of the Code of Civil Procedure was originally conceived and
reduced to forms with especial reference to ordinary litigation, such as chiefly dealt with in the Code
of Civil Procedure; and some rational adjustment is necessary when we come to apply that section in
land registration case. It results that the "new trial upon the merits" which may be granted in a
proper case under section 513 must of necessity fail of effect against any innocent purchaser for
value claiming by transfer of the Torrens title under the person to whom the certificate was issued.
But as between an owner who has lost he legal title under the conditions defined in section 513 and
the individual who has been unjustly enriched by the decree of the Land Registration Court in his
favor, there is really no reason why the remedy conferred in said section should not be allowed to
operate with full effect. In the end, supposing the petition to sustained and that the property still
remains in the name of the respondent, he should be compelled to transfer it to the petitioner.
The decision of the court lays great emphasis upon the hardships which might be expected to result
to innocent purchasers of registered land, if section 513 should be given effect in land registration
proceedings, but what has been said shows that this fear is not well founded. It is needless to say
that in the case before us the land in question appears to be still in the possession of the person who
procured registration and against whom the petition is brought.
The view of the land registration system, entertained by the majority seems entirely to ignore section
70 of the Land Registration Act, and especially the concluding portion which declares that nothing in
said Act shall in any way be construed to change or affect any rights or liabilities created by law and
applicable to registered land, except as otherwise expressly provided in said Act or in the
amendments thereof. This is really a basal idea in the system and when an amendatory statute has
expressly created a liability with reference to registered land, as was inferentially done when the
remedy expressed in section 513 of the Code of Civil Procedure was made applicable to land
registration cases, said liability should undoubtedly be respected by all the courts called upon to
maintain the law. It is to be regretted that our land registration system should have become an
object of superstitious reverence to such a degree as to the statutory law. No system worth
preserving was ever destroyed, or even impaired, by the creation of a remedy against fraud or for
the relief of those who have lost their property without fault.
I. As antecedents: that Casiano Abaya, unmarried, the son of Romualdo Abaya and Sabina
Labadia, died on the 6th of April 1899; that Paula Conde, as the mother of the natural children Jose
and Teopista Conde, whom she states she had by Casiano Abaya, on the 6th of November, 1905,
moved the settlement of the said intestate succession; that an administrator having been appointed
for the said estate on the 25th of November, 1905, Roman Abaya, a son of the said Romualdo Abaya
and Sabina Labadia, the parents of the late Casiano Abaya, came forward and opposed said
appointment and claimed it for himself as being the nearest relative of the deceased; that this was
granted by the court below on the 9th of January, 1906; that on the 17th of November, 1906, Roman
Abaya moved that, after due process of law, the court declare him to be the sole heir of Casiano
Abaya, to the exclusion of all other persons, especially of Paula Conde, and to be therefore entitled to
take possession of all the property of said estate, and that it be adjudicated to him; and that on
November 22, 1906, the court ordered the publication of notices for the declaration of heirs and
distribution of the property of the estate.
II. That on the 28th of November, 1906, Paula Conde, in reply to the foregoing motion of Roman
Abaya, filed a petition wherein she stated that she acknowledged the relationship alleged by Roman
Abaya, but that she considered that her right was superior to his and moved for a hearing of the
matter, and, in consequence of the evidence that she intended to present she prayed that she be
declared to have preferential rights to the property left by Casiano Abaya, and that the same be
adjudicated to her together with the corresponding products thereof.
III. That the trial was held, both parties presenting documentary and oral evidence, and the court
below entered the following judgment:
"That the administrator of the estate of Casiana Abaya should recognize Teopista and Jose Conde as
being natural children of Casiano Abaya; that the petitioner Paula Conde should succeed to the
hereditary rights of her children with respect to the inheritance of their deceased natural father
Casiano Abaya; and therefore, it is hereby declared that she is the only heir to the property of the
said intestate estate, to the exclusion of the administrator, Roman Abaya."
IV. That Roman Abaya excepted to the foregoing judgment, appealed to this court, and
presented the following statement of errors:
1. The fact that the court below found that an ordinary action for the acknowledgment of natural
children under articles 135 and 137 of the Civil Code, might be brought in special probate
proceedings.
2. The finding that after the death of a person claimed to be an unacknowledged natural child,
the mother of such presumed natural child, as heir to the latter, may bring an action to enforce the
acknowledgment of her deceased child in accordance with articles 135 and 137 of the Civil Code.
3. The finding in the judgment that the alleged continuous possession of the deceased children
of Paula Conde of the status of natural children of the late Casiano Abaya, has been fully proven in
these proceedings; and
4. On the hypothesis that it was proper to adjudicate the property of this intestate estate to
Paula Conde, as improperly found by the court below, the court erred in not having declared that
said property should be reserved in favor of relatives of Casiano Abaya to the third degree, and in
not having previously demanded securities from Paula Conde to guarantee the transmission of the
property to those who might fall within the reservation.
As to the first error assigned, the question is set up as to whether in special proceedings for the
administration and distribution of an intestate estate, an action might be brought to enforce the
acknowledgment of the natural child of the person from whom the inheritance is derived, that is to
say, whether one might appear as heir on the ground that he is a recognized natural child of the
deceased, not having been so recognized by the deceased either voluntarily or compulsory by
reason of a preexisting judicial decision, but asking at the same time that, in the special proceeding
itself, he be recognized by the presumed legitimate heirs of the deceased who claim to be entitled to
the succession opened in the special proceeding.
"If there shall be a controversy before the Court of First Instance as to who the lawful heirs of the
deceased person are, or as to the distributive share to which each person is entitled under the law,
the testimony as to such controversy shall be taken in writing by the judge, under oath and signed
by witness. Any party in interest whose distributive share is affected by the determination of such
controversy, may appeal from the judgment of the Court of First Instance determining such
controversy to the Supreme Court, within the time and in the manner provided in the last preceding
section."
This court has decided the present question in the manner shown in the case of Juana Pimental vs.
Engracio Palanca (5 Phil. Rep. 436.)
The main question with regard to the second error assigned, is whether or not the mother of a
natural child now deceased, but who survived the person who, it is claimed, was his natural father,
also deceased, may bring an action for the acknowledgment of the natural filiation in favor of such
child in order to appear in his behalf to receive the inheritance from the person who is supposed to
be his natural father.
In order to decide in the affirmative the court below has assigned the following as the only
foundation:
"In resolving a similar question Manresa says: 'An acknowledgment can only be demanded by the
natural child and his descendants whom it shall benefit, and should they be minors or otherwise
incapacitated, such person as legally represents them; the mother may ask it in behalf of her child so
long as he is under her authority.' On this point no positive declaration has been made, undoubtedly
because it was not considered necessary. A private action is in question and the general rule must be
followed. Elsewhere the same author adds: 'It may so happen that the child dies before four years
have expired after attaining majority, or that the document supporting his petition for
acknowledgment is discovered after his death, such death perhaps occurring after his parents had
died, as is supposed by article 137, or during their lifetime. In any case such right of action shall
pertain to the descendants of the child whom the acknowledgment may interest.' (See
Commentaries to arts. 135 and 137, Civil Code. Vol. I.)'
The above doctrine, advanced by one of the most eminent commentators of the Civil Code, lacks
legal and doctrinal foundation. The power to transmit the right of such action by the natural child to
his descendants can not be sustained under the law, and still less to his mother.
It is without any support in law because the rule laid down in the code is most positive, limiting in
form, when establishing the exception for the exercise of such right of action after the death of the
presumed parents, as is shown hereafter. It is not supported by any doctrine, because up to the
present time no argument has been presented, upon which even an approximate conclusion could be
based.
Although the Civil Code considerably improved the condition of recognized natural children, granting
them rights and actions that they did not possess under the former laws, they were not, however,
placed upon the same plane as legitimate ones. The difference that separates these two classes of
children is still great, as proven by so many articles dealing with the rights of the family and with
succession in relation to the members thereof. It may be laid down as a legal maxim, that whatever
the code does not grant to the legitimate children, or in connection with their rights, must still less be
understood as granted to recognized natural children or in connection with their rights. There is not a
single exception in its provisions.
If legitimacy is the attribute that constitutes the basis of the absolute family rights of the child, the
acknowledgment of the natural child is, among illegitimate ones, that which unites him to the family
of the father or the mother who recognizes him, and affords him a participation in the rights of the
family, relatively advantageous according to whether they are alone or whether they concur with
other individuals of the family of his purely natural father or mother.
Thus, in order to consider the spirit of the Civil Code nothing is more logical than to establish a
comparison between an action to claim the legitimacy, and one to enforce acknowledgment.
"Art. 118. The action to claim its legitimacy may be brought by the child at any time of its
lifetime and shall be transmitted to its heirs, should it die during minority or in a state of insanity. In
such cases the heirs shall be allowed a period of five years in which to institute the action.
"The action already instituted by the child is transmitted by its death to the heirs, if it has not lapsed
before then.
"Art. 137. The actions for the acknowledgment of natural children can be instituted only during
the life of the presumed parents, except in the following cases:
"1. If the father or mother died during the minority of the child, in which case the latter may
institute the action before the expiration of the first four years of its majority.
"2. If, after the death of the father or mother, some instrument, before unknown, should be
discovered in which the child is expressly acknowledged.
"In this case the action must be instituted within the six months following the discovery of such
instrument."
On this supposition the first difference that results between one action and the other consists in that
the right of action for legitimacy lasts during the whole lifetime of the child, that is, it can always be
brought against the presumed parents or their heirs by the child itself, while the right of action for
the acknowledgment of a natural child does not last his whole lifetime, and, as a general rule, it can
not be instituted against the heirs of the presumed parents, inasmuch as it can be exercised only
during the life of the presumed parents.
With regard to the question at issue, that is, the transmission to the heirs of the presumed parents of
the obligation to admit the legitimate filiation, or to recognize the natural filiation, there exists the
most radical difference in that the former continues during the life of the child who claims to be
legitimate, and he may demand it either directly and primarily from the said presumed parents, or
indirectly and secondarily from the heirs of the latter; while the second does not endure for life; as a
general rule, it only lasts during the life of the presumed parents. Hence the other difference, derived
as a consequence, that an action for legitimacy is always brought against the heirs of the presumed
parents in case of the death of the latter, while the action for acknowledgment is not brought against
the heirs of such parents, with the exception of the two cases prescribed by article 137 transcribed
above.
So much for the passive transmission of the obligation to admit the legitimate filiation, or to
acknowledge the natural filiation.
As to the transmission to the heirs of the child of the latter's action to claim his legitimacy, or to
obtain the acknowledgment of his natural filiation, it is seen that the code grants it in the first case,
but not the second. It contains provisions for the transmission of the right of action which, for the
purpose of claiming his legitimacy inheres in the child, but it does not say a word with regard to the
transmission of the right to obtain the acknowledgment of the natural filiation.
Therefore, the respective corollary of each of the two above-cited articles is: (1) That the right of
action which devolves upon the child to claim his legitimacy under article 118, may be transmitted to
his heirs in certain cases designated in the said article; (2) That the right of action for the
acknowledgment of natural children to which article 137 refers, can never be transmitted, for the
reason that the code makes no mention of it in any case, not even as an exception.
It is most illogical and contrary to every rule of correct interpretation, that the right of action to
secure acknowledgment by the natural child should be presumed to be transmitted, independently,
as a rule, to his heirs, while the right of action to claim legitimacy from his predecessor is not
expressly, independently, or, as a general rule, conceded to the heirs of the legitimate child, but only
relatively and as an exception. Consequently, the pretension that the right of action on the part of
the child to obtain the acknowledgment of his natural filiation is transmitted to his descendants is
altogether unfounded. No legal provision exists to sustain such pretension, nor can an argument of
presumption be based on the lesser claim when there is no basis for the greater one, and when it is
only given as an exception in well-defined cases. It is placing the heirs of the natural child on a better
footing than the heirs of the legitimate one, when, as a matter of fact, the position of a natural child
is no better than, nor even equal to, that of a legitimate child.
From the express and precise precepts of the code the following conclusions are derived:
The right of action that devolves upon the child to claim his legitimacy lasts during his whole life,
while the right to claim the acknowledgment of a natural child lasts only during the life of his
presumed parents.
Inasmuch as the right of action accruing to the child to claim his legitimacy lasts during his whole
life, he may exercise it either against the presumed parents, or their heirs; while the right of action to
secure the acknowledgment of a natural child, since it does not last during his whole life, but
depends on that of the presumed parents, as a general rule can only be exercised against the latter.
Usually the right of action for legitimacy devolving upon the child is of a personal character and
pertains exclusively to him, only the child may exercise it at any time during his lifetime. As an
exception, and in three cases only, it may be transmitted to the heirs of the child, to wit, if he died
during his minority, or while insane, or after action had been already instituted.
An action for the acknowledgment of a natural child may, as an exception, be exercised against the
heirs of the presumed parents in two cases: first, in the event of the death of the latter during the
minority of the child, and second, upon the discovery of some instrument of express
acknowledgment of the child, executed by the father or mother, the existence of which was unknown
during the life of the latter.
But as such action for the acknowledgment of a natural child can only be exercised by him. It can not
be transmitted to his descendants, or to his ascendants.
Sanchez Roman, in his Treatise on Civil Law, propounds the question as to whether said action
should be considered transmissive to the heirs or descendants of the natural child, whether he had
or had not exercised it up to the time of his death, and decides it as follows;
"There is an entire absence of legal provisions, and at most, it might be deemed admissible as a
solution, that the right of action to claim the acknowledgment of a natural child is transmitted by
analogy to his heirs on the same conditions and terms that it is transmitted to the descendants of a
legitimate child, to claim his legitimacy, under article 118, but nothing more; because on this point
nothing warrants placing the heirs of a natural child on a better footing than those of the legitimate
child, and even to compare them would not fail to be a strained and questionable matter, and one of
great difficulty for decision by the courts, for the simple reason that for the heirs of the legitimate
child, the said article 118 exists, while for those of the natural child, as we have said, there is no
provision in the code authorizing the same, although on the other hand there is none that prohibits
it." (Vol. V.)
Diaz Guijarro and Martinez Ruiz in their work on "The Civil Code as construed by the supreme court
of Spain," commenting upon article 137, say:
"Article 118, taking into account the privileges due to the legitimacy of children, grants them the
right to claim said legitimacy during their lifetime, and even authorizes the transmission of said right
for the space of five years to the heirs thereof, if the child die during his minority or in a state of
insanity. But as article 137 is based on the consideration that in the case of a natural child, ties are
less strong and sacred in the eyes of the law, it does not fix such a long and indefinite period for the
exercise of the action; it limits it to the life of the parents, excepting in the two cases mentioned in
said article; and it does not allow, as does article 118, the action to pass on to the heirs, inasmuch
as, although it does not prohibit it, and for that reason it might be deemed on general principles of
law to consent to it, such a supposition is inadmissible for the reason that a comparison of both
articles shows that the silence of the law in the latter case is not, nor can it be, an omission, but a
deliberate intent to establish a wide difference between the advantages granted to a legitimate child
and to a natural one."
Navarro Amandi (Cuestionario del Codigo Civil) raises the question: "Can the heirs of a natural child
claim the acknowledgment in those cases wherein the father or mother are under obligation to
acknowledge"? And says:
"Opinions are widely divergent. The court of Rennes held (on April 13, 1844) that the right of
investigation forms a part of the estate of the child, and along with his patrimony is transmitted to
his heirs. The affirmation is altogether too categorical to be admissible. If it were correct the same
thing would happen as when the legitimacy of a child is claimed, and as already seen, the right of
action to demand the legitimacy is not transmitted to the heirs in every case and as an absolute
right, but under certain limitations and circumstances. Now, were we to admit the doctrine of the
court of Rennes, the result would be that the claim for natural filiation would be more favored than
one for legitimate filiation. This would be absurd, because it can not be conceived that the legislator
should have granted a right of action to the heirs of the natural child, which is only granted under
great limitations and in very few cases to those of a legitimate one. Some persons insist that the
same rules that govern legitimate filiation apply by analogy to natural filiation, and that in this
conception the heirs of the natural child are entitled to claim it in the cases prescribed by article 118.
The majority, however, are inclined to consider the right to claim acknowledgment as a personal
right, and consequently, not transmissive to the heirs. Really there are not legal grounds to warrant
the transmission." (Vol. 2, 229.)
In a decision like the present one it is impossible to bring forward the argument of analogy for the
purpose of considering that the heirs of the natural child are entitled to the right of action which
article 118 concedes to the heirs of the legitimate child. The existence of a provision for the one case
and the absence thereof for the other is a conclusive argument that inclusio unius est exclusio
alterius, and it can not be understood that the provision of law should be the same when the same
reason does not hold in the one case as in the other.
The theory of the law of transmission is also entirely inapplicable in this case. This theory, which in
the Roman Law expressed the general rule that an heir who did not accept an inheritance during his
lifetime was incapacitated from transmitting it to his own heirs, included at the same time the idea
that if the inheritance was not transmitted because the heir did not possess it, there were, however,
certain things which the heir held and could transmit. Such was the law and the right to accept the
inheritance, for the existing reason that all rights, both real and personal, shall pass to the heir; quia
haeres representat defunctum in omnibus et per omnia. According to article 659 of the Civil Code,
"the inheritance includes all the property, rights, and obligations of a person, which are not
extinguished by his death." If the mother is the heir of her natural child, and the latter, among other
rights during his lifetime was entitled to exercise an action for his acknowledgment against his
father, during the life of the latter, or after his death in some of the excepting cases of article 137,
such right, which is a portion of his inheritance, is transmitted to his mother as being his heir, and it
was so understood by the court of Rennes when it considered the right in question, not as a personal
and exclusive right of the child which is extinguished by his death, but as any other right which might
be transmitted after his death. This right of supposed transmission is even less tenable than that
sought to be sustained by the argument of analogy.
The right of action pertaining to the child to claim his legitimacy is in all respects superior to that of
the child who claims acknowledgment as a natural child. And it is evident that the right of action to
claim his legitimacy is not one of those rights which the legitimate child may transmit by inheritance
to his heirs; it forms no part of the component rights of his inheritance. If it were so, there would
have been no necessity to establish its transmissibility to heirs as an exception in the terms and
conditions of article 118 of the code. So that, in order that it may constitute a portion of the child's
inheritance, it is necessary that the conditions and the terms contained in article 118 shall be
present, since without them, the right that the child held during his lifetime, being personal and
exclusive in principle, and therefore, as a general rule not susceptible of transmission, would and
should have been extinguished by his death. Therefore, where no express provision like that of
article 118 exists, the right of action for the acknowledgment of a natural child is, in principle and
without exception, extinguished by his death, and can not be transmitted as a portion of the
inheritance of the deceased child.
On the other hand, it said right of action formed a part of the child's inheritance, it would be
necessary to establish the doctrine that the right to claim such an acknowledgment from the
presumed natural father and from his heirs is an absolute right of the heirs of the child, not limited
by certain circumstances as in the case of the heirs of a legitimate child; and if it is unreasonable to
compare a natural child with a legitimate one to place the heirs of a natural child and his inheritance
on a better footing than those of a legitimate child would not only be unreasonable, but, as stated in
one of the above citations, most absurd and illegal in the present state of the law and in accordance
with the general principles thereof.
For all of the foregoing reasons we hereby reverse the judgment appealed from in all its parts,
without any special ruling as to the costs of this instance.
Separate Opinions
The questions arising from the facts and points of law discussed in this litigation between the parties
thereto, decided in the judgment appealed from, and set up and discussed in this instance by the
said parties in their respective briefs, are subordinate in the first place to the main point, submitted
among others to the decision of this court, that is, whether the right of action brought to demand
from the natural father, or from his heirs, the acknowledgment of the natural child which the former
left at his death was, by operation of the law, transmitted to the natural mother by reason of the
death of the said child acknowledged by her.
The second error assigned by the appellant in his brief refers exclusively to this important point of
law.
"If the acknowledged natural or legitimized child should die without issue, either legitimate or
acknowledged by it, the father or mother who acknowledged it shall succeed to its entire estate, and
if both acknowledged it and are alive, they shall inherit from it share and share alike."
It can not be inferred from the above legal provisions that from the right of succession which the law
grants the natural father or mother upon the death of their natural child, the right of the heirs of any
of the said parents to claim the acknowledgment of the natural child is excluded. No article is to be
found in the Civil Code that expressly provides for such exclusion or elimination of the right of the
heirs of the deceased child to claim his acknowledgment.
If under article 659 of said code, the inheritance includes all the property, rights, and obligations of a
person, which are not extinguished by his death, it is unquestionable that among such rights stands
that which the natural child had, while alive, to claim his acknowledgment as such from his natural
father, or from the heirs of the latter. There is no reason or legal provision whatever to prevent the
consideration that the right to claim acknowledgment of the filiation of a deceased child from his
natural father, or from the heirs of the latter, is included in the hereditary succession of the deceased
child in favor of his natural mother.
It is to be regretted that such an eminent writer as Manresa is silent on this special point; or that he
is not very explicit in his comments on article 137 of the Civil Code. Among the various noted writers
on law, Professor Sanchez Roman is the only one who has given his opinion in a categorical manner
as to whether or not the right of action for the acknowledgment of a deceased natural child shall be
considered transmissive to his heirs, as may be seen from the following:
"In order to complete the explanation of this article 137 of the Civil Code, three points must be
decided: (1) Against whom shall an action for acknowledgment be brought under the cases and
terms to which the two exceptions indicated in paragraphs 1 and 2 of article 137 refer? (2) Who is to
represent the miner in bringing this action when neither the father nor the mother has acknowledged
him? (3) Should this right of action be considered as transmitted to the heirs or descendants of the
natural child whether or not it was exercised at the time of his death?
"With respect to the third, there is an entire absence of legal provisions, and at most, it might be
deemed admissible as a solution, that the right of action to claim the acknowledgment of a natural
child is transmitted by analogy to his heirs on the same conditions and terms that it is transmitted to
the descendants of the legitimate child, to claim his legitimacy, under article 118, but no more;
because on this point nothing warrants placing the heirs of a natural child on a better footing than
those of the legitimate child, and even to compare them would not fail to be a strained and
questionable matter, and one of great difficulty for decision by the courts, for the simple reason that
for the heirs of the legitimate child the said article 118 exists, while for those of the natural child, as
we have said, there is no provision in the code authorizing the same, although on the other hand
there is none that prohibits it."
Certainly there is no article in the Civil Code, or any special law that bars the transmission to the
heirs of a natural child, particularly to his natural mother, of the right of action to claim the
acknowledgment of said natural child from the heirs of his deceased natural father.
According to the above-cited article 944 of the Civil Code, the only persons designated to succeed to
the intestate estate of a natural child who died during minority or without issue are its natural father
or mother who acknowledged it; consequently if by operation of the law his parents are his legal
successors or heirs, it is unquestionable that by reason of the child's death the property, rights, and
obligations of the deceased minor were, as a matter of fact, transmitted to them, among which was
the right to demand the acknowledgment of the said deceased natural child from the heirs of the
deceased natural father or mother, respectively, on account of having enjoyed uninterruptedly the
status of natural child of the said deceased parents. (Arts. 135 and 136, Civil Code.)
At the death of the children, Teopista in 1902, and Jose in 1903, during their minority, and after the
death of their natural father which took place in 1899, the natural mother of the said minors, Paula
Conde, succeeded them in all of their property and rights, among which must necessarily appear and
be included the right of action to claim the acknowledgment of said two children from the heirs of
Icasiano Abaya, their deceased natural father. There is no legal provision or precept whatever
excluding such right from those which, by operation of the law, were transmitted to the mother,
Paula Conde, or expressly declaring that the said right to claim such acknowledgment is extinguished
by the death of the natural children.
It is true that, as a general rule, an action for acknowledgment can not be brought by a surviving
natural child after the death of his parents, except in the event that he was a minor at the time of
the death of either of his parents, as was the case with the minors Teopista and Jose Conde, who, if
living, would unquestionably be entitled to institute an action for acknowledgment against the
presumed heirs of their natural father; and as there is no law that provides that said right is
extinguished by the death of the same, and that the mother did not inherit it from the said minors, it
is also unquestionable that Paula Conde, the natural mother and successor to the rights of said
minors, is entitled to exercise the corresponding action for acknowledgment.
If the natural mother had no right of action against the heirs of the natural father, for the
acknowledgment of her natural child, the unlimited and unconditional reciprocity established by
article 846 of the code would neither be true nor correct. It should be noticed that the relation of
paternity and that of filiation between the above-mentioned father and children are both natural in
character; therefore, the intestate succession of the said children of Paula Conde is governed
exclusively by articles 944 and 945 of the said code.
It is true that nothing is provided by article 137 with reference to the transmission to the natural
mother of the right to claim the acknowledgment of her natural children, but, as Sanchez Roman
says, it does not expressly prohibit it; and as opposed to the silence of the said article, we find the
provisions of articles 846 and 944 of the Civil code, which expressly recognized the right of the
natural mother to succeed her natural child, a right which is transmitted to her by operation of law
from the moment that the child ceases to exist.
The question herein does not bear upon the right of a child to claim his legitimacy, as provided in
article 118 of the code, nor is it claimed that the rights of natural children and of their mother are
equal to those of legitimate ones, even by analogy.
The foundations of this opinion are based solely on the provisions of the above-mentioned articles of
the code, and I consider that they are sustainable so long as it is not positively proven that the so
often-mentioned right of action for acknowledgment is extinguished by the death of the minor
natural child, and is not transmitted to the natural mother by express declaration or prohibition of
the law, together with the property and other rights in the intestate succession.
In view of the considerations above set forth it is my opinion that it should be held: That Paula
Conde, as the natural mother and sole heir of her children Teopista and Jose, was and is entitled to
the right to institute proceedings to obtain the acknowledgment of the latter as natural children of
the late Icasiano Abaya, from Roman Abaya, as heir and administrator of the estate of the said
Icasiano Abaya; and that the said Teopista and Jose who died during their minority, three years after
the death of their father, should be considered and acknowledged as such natural children of the
latter, for the reason that while living they uninterruptedly enjoyed the status of his natural children.
The judgment appealed from should be affirmed without any special ruling as to costs.
With regard to the declaration that the property of the late Icasiano, which Paula Conde might take,
are of a reservable character, together with the other matter contained in the third error assigned by
the appellant to the said judgment, the writer withholds his opinion until such time as the question
may be raised between the parties in proper form.
In such case, the child or legitimate descendant of the first marriage in whose favor the right is
reserved cannot impugn the validity of the alienation so long as the condition subsequent is pending,
that is, so long as the remarried spouse who must reserve the right is alive, because it might easily
happen that the person who must reserve the right should outlive all the persons in whose favor the
right is reserved and then there would be no reason for the condition subsequent that they survive
him, and, the object of the law having disappeared, the right required to be reserved would
disappear, and the alienation would not only be valid but also in every way absolutely effective.
Consequently, the alienation is valid when the right required by law to be reserved to the children is
respected; while the effects of the alienation depend upon a condition, because it will or will not
become definite, it will continue to exist or cease to exist, according to circumstances. This is what
the law establishes with reference to the reservation of article 968, wherein the legislator expressly
directs that the surviving spouse who contracts a second marriage shall reserve to the children or
descendants of the first marriage ownership. Article 811 says nothing more than that the ascendant
must make the reservation.
Manresa, with his recognized ability, summarizes the subject under the hearing, "Rights and
obligations during the existence of the right required by law to be reserved," in these words:
"During the whole period between the constitution in legal form of the right required by law to be
reserved and the extinction thereof, the relatives within the third degree, after the right that in their
turn may pertain to them has been assured, have only an expectation, and therefore they do not
even have the capacity to transmit that expectation to their heirs.
"The ascendant is in the first place a usufructuary who should use and enjoy the things according to
their nature, in the manner and form already set forth in commenting upon the articles of the Code
referring to use and usufruct.
"But since in addition to being the usufructuary he is, even though conditionally, the owner in fee
simple of the property, he can dispose of it in the manner provided in articles 974 and 976 of the
same Code. Doubt arose also on this point, but the Direccion General of the registries, in an opinion
of June 25, 1892, declared that articles 974 and 975, which are applicable by analogy, for they refer
to property reserved by law, reveal in the clearest manner the attitude of the legislator on this
subject, and the relatives within the third degree ought not to be more privileged in the right
reserved in article 811 than the children in the right reserved by article 975, chiefly for the reason
that the right required to be reserved carries with it a condition subsequent, and the property subject
to those conditions can validly be alienated in accordance with article 109 of the Mortgage Law, such
alienation to continue, pending fulfillment of the condition." (Civil Code, VI, 270.)
Another commentator corroborates the foregoing in every way. He says:
"The ascendant acquires that property with a condition subsequent, to wit, whether or not there exist
at the time of his death relatives within the third degree of the descendant from whom they inherit in
the line whence the property proceeds. If such relatives exist, they acquire ownership of the property
at the death of the ascendant. If they do not exist, the ascendant can freely dispose thereof. If this is
true, since the possessor of property subject to conditions subsequent can alienate and encumber it,
the ascendant may alienate the property required by law to be reserved, but he will alienate what he
has and nothing more because no one can give does not belong to him, and the acquirer will
therefore receive a limited and revocable title. The relatives within the third degree will in their turn
have an expectation to the property while the ascendant lives, an expectation that cannot be
transmitted to their heirs, unless these are also within the third degree. After the person who is
required by law to reserve the right has died, the relatives may rescind the alienation of the realty
required by law to be reserved and they will acquire it and all the rest that has the same character in
complete ownership, in fee simple, because the condition and the usufructuary." (Morell, Estudios
sobre bienes reservables, 304, 305.)
The conclusion is that the person required by article 811 to reserve the right has, beyond any doubt
at all, the rights of use and usufruct. He has, moreover, for the reasons set forth, the legal title and
dominion, although under a condition subsequent. Clearly he has, under an express provision of the
law, the right to dispose of the property reserved, and to dispose of is to alienate, although under a
condition. He has the right to recover it, because he is the one who possesses or should possess it
and have title to it, although a limited and revocable one. In a word, the legal title and dominion,
even though under a condition, reside in him while he lives. After the right required by law to be
reserved has been assured, he can do anything that a genuine owner can do.
On the other hand, the relatives within the third degree in whose favor the right is reserved cannot
dispose of the property, first because it is no way, either actually, constructively or formally, in their
possession; and, moreover, because they have no title of ownership or of fee simple which they can
transmit to another, on the hypothesis that only when the person who must reserve the right should
die before them will they acquire it, thus creating a fee simple, and only then will they take their
place in the succession of the descendant of whom they are relatives within the third degree, that is
to say, a second contingent place in said legitimate succession in the fashion of aspirants to a
possible future legacy. If any of the persons in whose favor the right is reserved should, after their
right has been assured in the registry, dare to dispose of even nothing more than the fee simple of
the property to be reserved his act would be null and void, for, as was definitely decided in the
decision on appeal of December 30, 1897, it is impossible to determine the part "that might pertain
therein to the relative at the time he exercised the right, because in view of the nature and scope of
the right required by law to be reserved the extent of his right cannot be foreseen, for it may
disappear by his dying before the person required to reserve it, just as it may even become absolute
should that person die."
Careful consideration of the matter forces the conclusion that no act of disposal inter vivos of the
person required by law to reserve the right can be impugned by him in whose favor it is reserved,
because such person has all, absolutely all, the rights inherent in ownership, except that the legal
title is burdened with a condition that the third party acquirer may ascertain from the registry in
order to know that he is acquiring a title subject to a condition subsequent. In conclusion, it seems to
us that only an act of disposal mortis causa in favor of persons other than relatives within the third
degree of the descendant from whom he got the property to be reserved must be prohibited to him,
because this alone has been the object of the law: "To prevent persons outside a family from
securing, by some special accident of life, property that would otherwise have remained therein."
( Decision of December 30, 1897.)
Practically, even in the opinion of those who reduce the person reserving the right to the condition of
a mere usufructuary, the person in whose favor it must be reserved cannot attack the alienation that
may be absolutely made of the property the law requires to be reserved, in the present case, that
which the applicant has made of the two parcels of land in question to a third party, because the
conditional alienation of the usufruct, which is authorized by article 480 of the Civil Code, and,
practically, use and enjoyment of the property required by law to be reserved are all that the person
who must reserve it has during his lifetime, and in alienating the usufruct all the usefulness of the
thing would be transmitted in an incontrovertible manner. The question as to whether or not she
transmits the fee simple is purely academic, sine re, for it is not real, actual and positive, as is the
case of the institution of two heirs, one a usufructuary and the other the owner, by the express wish
of the predecessor in interest.
If the person whom article 811 requires to reserve the right has all the rights inherent in ownership,
he can use, enjoy, dispose of and recover it; and if, in addition to usufructuary, he is in fact and in
law the real owner and can alienate it, although under a condition, the whole question is reduced to
the following terms:
Cannot the heir of the property required by law to be reserved, merely because a condition
subsequent is annexed to his right of disposal, himself alone register the ownership of the property
he has inherited, when the persons in whose favor the reservation must be made agree thereto,
provided that the right reserved to them in the two parcels of land be recorded, as the law provides?
It is well known that the vendee under pacto de retracto acquires all the rights of the vendor:
"The vendee substitutes the vendor in all his rights and actions." (Civil Code, art. 1511.)
If the vendor can register his title, the vendee can also register this same title after he has once
acquired it. This title, however, in its attribute of being disposable, has a condition subsequent
annexed — that the alienation the purchaser may make will be terminated, if the vendor should
exercise the right granted him by article 1507, which says:
"Conventional redemption shall take place when the vendor reserves to himself the right to recover
the thing sold with the obligation to comply with article 1518, and whatever more may have been
agreed upon," that is, if he recovers the thing sold by repaying the vendee the price of the sale and
other expenses. Notwithstanding this condition subsequent, it is a point not at all doubtful now that
the vendee may register his title in the same way as the owner of a thing mortgaged — that is to
say, the latter with the consent of his creditor and the former with the consent of the vendor. He may
alienate the thing bought when the acquirer knows very well from the title entered in the registry
that he acquires a title revocable after a fixed period, a thing much more certain and to be expected
than the purely contingent expectation of the person in whose favor is reserved a right to inherit
some day what another has inherited. The purposes of the law would be defeated in not applying to
the person who must make the reservation the provision therein relative to the vendee under pacto
de retracto, since the argument in his favor is the more powerful and conclusive; ubi eadem ratio,
eadem legis dispositio.
Therefore, we reverse the judgment appealed from, and in lieu thereof decide and declare that the
applicant is entitled to register in her own name the two parcels of land which are the subject matter
of the application, recording in the registration the right required by article 811 to be reserved to
either or both of the opponents, Pablo Sablan and Basilio Sablan, should they survive her; without
special finding as to costs.
Torres, Mapa, Johnson, Carson and Trent, JJ., concur.
Separate Opinions
AQUINO, J., dissenting:
I dissent. The spouses Justino Reyes and Genoveva Ramero, natives of Tayabas town, were married
there in 1903. They had seven children. An eighth child, named Irene, was born to Genoveva, either
on May 5, 1930 in Tayabas town, or on September 1, 1931 in Barrio Dalipit, Alitagtag, Batangas. Of
course, the presumption under article 255 of the Civil Code is that Irene was Justino's child. Was that
presumption rebutted?
Joaquin Reyes, Irene's elder brother, testified that his parents, the Reyes spouses, separated in 1928
when his father surprised Francisco Delgado in his house. On that occasion, there was a commotion
in the house which was investigated by the police. Justino eventually decided to allow Genoveva to
go with Francisco. That testimony is sufficient to rebut the presumption of legitimacy. It shows that
Irene was not Justino's child. Was Delgado her father?
Her birth certificate shows that she was horn on September 1, 1931 as the child of Genoveva at
Barrio Dalipit, Alitagtag, Batangas with an unknown (desconocido) father (Exh. L-2 or 22). prcd
Since 1928, Genoveva lived with Francisco Delgado and was never reconciled to Justino who died in
1935. Irene was educated at their expense.
Justino was not mentioned as the father of Irene in her record of birth. Among the eight children of
Genoveva, Irene's birth was the only one registered in Alitagtag, Francisco's native town. Irene had
always lived with Genoveva and Francisco up to 1951, when she was 19 and she got married.
She was baptized in 1949, when she was 18. Francisco and Genoveva were listed as her parents in
the baptismal certificate, Exhibit 1. In the certificate of marriage of Irene and Moises Villanueva,
Francisco Delgado was mentioned as her father and as the one who gave consent to the marriage
(Exh. 17).
Irene consented to the operation of Francisco when he was submitted to an operation at the Family
Clinic in 1966 (Exh. 2). The paid his hospital bills (Exh. 4). She used the surname "Delgado" in her
school records and Francisco Delgado was indicated therein as her guardian (Exh. 12 to 16).
Francisco died intestate on October 28, 1966. On November 25, 1966 Irene adjudicated to herself the
lands left by Francisco (Exh. H or 9). On January 30, 1967, the brother, two sisters and a niece of
Francisco Delgado sued her for the annulment of said adjudication. They sought a declaration that
they are the nearest legal heirs of Francisco.
Judge Lorenzo Relova ruled that Irene's filiation was duly proven. The Appellate Court disagreed
because she was not duly acknowledged within the meaning of articles 278 and 283 of the Civil
Code. It held that the evidence submitted by her does not amount to voluntary and compulsory
recognition required of natural children.
In my opinion the rule requiring voluntary or compulsory recognition for the so-called spurious
children or bastards is not mandatory. Article 289 of the Civil Code does not make such recognition
mandatory.
Irene's status as an heir is governed by the Civil Code pursuant to its article 2264. To enjoy
successional rights, she has to prove her filiation as required in article 887 of the Civil Code. To prove
filiation, the rules on acknowledgment for natural children may be applied to spurious children. But
there may be cases, where the filiation of an illegitimate child, other than natural, has been duly
proven and such proof does not satisfy the requirements of recognition under articles 278 and 283.
In such exceptional cages, article 278 and 283 should not be applied. If sufficient proof to satisfy the
judicial mind has been adduced to prove the spurious child's filiation, he or she should be entitled to
successional rights. This is justified by the liberal policy of the Civil Code towards illegitimate
children. LibLex
The natural child needs acknowledgment because he may become a legitimated child. The spurious
child will never attain the status of a legitimated child.
I agree with Judge Lorenzo Relova that Irene's filiation as Francisco Delgado's child was duly proven
within the meaning of article 887. She is the nearest compulsory and legal heir of Francisco. She
excludes the brother, two sisters and niece of Francisco (Art. 988, Civil Code).
I vote to reverse the decision of the Appellate Court and affirm the decision of Judge Relova.
DISINHERITANCE CASES