G.R. No. 140500.

January 21, 2002

BERNABE V. ALEJO
FACTS:
The late Fiscal Ernesto A. Bernabe allegedly fathered a son with his secretary of twenty-three (23) years,
herein plaintiff-appellant arolina Ale!o. The son was born on "epte#ber $%, $&%$ and was na#ed
Adrian Bernabe. Fiscal Bernabe died on A'g'st $3, $&&3, while his wife (osalina died on )ece#ber 3 of
the sa#e year, lea*ing Ernestina as the sole s'r*i*ing heir. +n ,ay $-, $&&., arolina, in behalf
of Adrian, filed the aforesaid co#plaint praying that Adrian be declared an ac/nowledged illegiti#ate son
of Fiscal Bernabe and as s'ch he (Adrian) be gi*en his share in Fiscal Bernabe0s estate, which is now
being held by Ernestina as the sole s'r*i*ing heir. The (T dis#issed the co#plaint. Citin Arti!"# 1$5
o% t&# Fa'i"y Co(#, t&# RTC &#"( t&at t&# (#at& o% t&# )utati*# %at&#r &a( +arr#( t&# a!tion. 1t
added that since the p'tati*e father had not ac/nowledged or recogni2ed Adrian Bernabe in writing, the
action for recognition sho'ld ha*e been filed d'ring the lifeti#e of the alleged father to gi*e hi# the
opport'nity to either affir# or deny the child0s filiation.
+n the other hand, the A r'led that in the interest of !'stice, Adrian sho'ld be allowed to pro*e that he
was the illegiti#ate son of Fiscal Bernabe. B#!au,# t&# +oy -a, +orn in 1./1, &i, ri&t, ar# o*#rn#(
+y Arti!"# 2/5 o% t&# Ci*i" Co(#, -&i!& a""o-, an a!tion %or r#!onition to +# %i"#( -it&in %our y#ar,
a%t#r t&# !&i"( &a, attain#( t&# a# o% 'a0ority. The s'bse3'ent enact#ent of the Fa#ily ode did not
ta/e away that right.
1""4E5
678 respondent had fo'r years fro# the attain#ent of #inority to file an action for recognition as
pro*ided in Art. 2%9 of the i*il ode
:E;)5 <es.
1llegiti#ate children who were still #inors at the ti#e the Fa#ily ode too/ effect and whose p'tati*e
parent died d'ring their #inority are gi*en the right to see/ recognition ('nder Article 2%9 of the i*il
ode) for a period of 'p to fo'r years fro# attaining #a!ority age. T&i, *#,t#( ri&t -a, not i')air#(
or ta1#n a-ay +y t&# )a,,a# o% t&# Fa'i"y Co(#. As respondent aptly points o't in his
,e#orand'#, the "tate as parens patriae sho'ld protect a #inor0s right. Born in $&%$, Adrian was only
se*en years old when the Fa#ily ode too/ effect and only twel*e when his alleged father died in $&&3.
The #inor #'st be gi*en his day in co'rt.
Article 2%9 of the i*il ode pro*ides the period for filing an action for recognition. The two e=ceptions
pro*ided 'nder the foregoing pro*ision, ha*e howe*er been o#itted by Articles $>2, $>3 and $>9 of the
Fa#ily ode.
2n(#r t&# n#- "a-, an a!tion %or t&# r#!onition o% an i""#iti'at# !&i"( 'u,t +# +rou&t -it&in t&#
"i%#ti'# o% t&# a""##( )ar#nt. The Fa#ily ode #a/es no distinction on whether the for#er was still a
#inor when the latter died. Th's, the p'tati*e parent is gi*en by the new ode a chance to disp'te the
clai#, considering that ?illegiti#ate children are 's'ally begotten and raised in secrecy and witho't the
legiti#ate fa#ily being aware of their e=istence. = = = The p'tati*e parent sho'ld th's be gi*en the
opport'nity to affir# or deny the child0s filiation, and this, he or she cannot do if he or she is already
dead.@ 8onetheless, the Fa#ily ode pro*ides the ca*eat that rights that ha*e already *ested prior to its
enact#ent sho'ld not be pre!'diced or i#paired 'nder Article 299.
Adrian0s right to an action for recognition, which was granted by Article 2%9 of the i*il ode, had
already *ested prior to the enact#ent of the Fa#ily ode. A *#,t#( ri&t i, (#%in#( a, 3on# -&i!& i,
a+,o"ut#, !o')"#t# an( un!on(itiona", to t&# #4#r!i,# o% -&i!& no o+,ta!"# #4i,t,, an( -&i!& i,
i''#(iat# an( )#r%#!t in it,#"% an( not (#)#n(#nt u)on a !ontin#n!y = = =.@
A
(espondent howe*er
contends that the filing of an action for recognition is proced'ral in nat're and that ?as a general r'le, no
*ested right #ay attach to AorB arise fro# proced'ral laws.@
Article 2%9 of the i*il ode is a s'bstanti*e law, as it gi*es Adrian the right to file his petition for
recognition within fo'r years fro# attaining #a!ority age. T&#r#%or#, t&# Fa'i"y Co(# !annot i')air
or ta1# A(rian5, ri&t to %i"# an a!tion %or r#!onition, +#!au,# t&at ri&t &a( a"r#a(y *#,t#( )rior
to it, #na!t'#nt.
("'bstanti*e law is that part of the law which creates, defines and reg'lates rights, or which reg'lates the
rights and d'ties which gi*e rise to a ca'se of actionC that part of the law which co'rts are established to
ad#inisterC as opposed to ad!ecti*e or re#edial law, which prescribes the #ethod of enforcing rights or
obtains redress for their in*asion.)
To be s're, Article 2%9 of the i*il ode refers to the action for recognition of ?nat'ral@ children.
A 3natura" !&i"(6 i, on# -&o,# )ar#nt,, at t&# ti'# o% !on!#)tion, -#r# not (i,7ua"i%i#( +y any
"#a" i')#(i'#nt %ro' 'arryin #a!& ot&#r.
1n the earlier case Divinagracia v. Rovira, the o'rt said that the r'les on *ol'ntary and co#p'lsory
ac/nowledg#ent of nat'ral children, as well as the prescripti*e period for filing s'ch action, #ay li/ewise
be applied to sp'rio's children. Dertinent portions of the case are 3'oted here'nder5
T&# ,o8!a""#( ,)uriou, !&i"(r#n, or i""#iti'at# !&i"(r#n ot&#r t&an natura" !&i"(r#n, !o''on"y
1no-n a, +a,tar(,, in!"u(# t&o,# a(u"t#rou, !&i"(r#n or those born o't of wedloc/ to a #arried
wo#an cohabiting with a #an other than her h'sband or to a #arried #an cohabiting with a wo#an other
than his wife. They are entitled to s'pport and s'ccessional rights. B't their filiation #'st be d'ly pro*en.
:ow sho'ld their filiation be pro*enE Article 2%& of the i*il ode allows the in*estigation of the
paternity or #aternity or sp'rio's children 'nder the circ'#stances specified in articles 2%3 and 2%. of
the i*il ode. T&# i')"i!ation i, t&at t&# ru"#, on !o')u",ory r#!onition o% natura" !&i"(r#n ar#
a))"i!a+"# to ,)uriou, !&i"(r#n.
A ,)uriou, !&i"( 'ay )ro*# &i, %i"iation +y '#an, o% a r#!or( o% +irt&, a -i"", a ,tat#'#nt +#%or# a
!ourt o% r#!or(, or in any aut&#nti! -ritin. T&#,# ar# t&# 'o(#, o% *o"untary r#!onition o%
natura" !&i"(r#n.
1n case there is no e*idence on the *ol'ntary recognition of the sp'rio's child, then his filiation #ay be
established by #eans of the circ'#stances or gro'nds for co#p'lsory recognition prescribed in the
afore#entioned articles 2%3 and 2%..
T&# )r#,!ri)ti*# )#rio( %or %i"in t&# a!tion %or !o')u",ory r#!onition in t&# !a,# o% natura"
!&i"(r#n, a, )ro*i(#( %or in arti!"# 2/5 o% t&# Ci*i" Co(#, a))"i#, to ,)uriou, !&i"(r#n.