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Bernabe vs Alejo

374 scra 180



No retroactive effect if vested rights are impaired

The late Fiscal Ernesto Bernabe allegedly fathered a son with Carolina Alejo. The son was born on
September 18, 1981 and was named Adrian Bernabe. Fiscal Bernabe died on August 13, 1993
leaving Ernestina as the sole surviving heir. Therafter, Carolina in behalf of Adrian filed the aforesaid
complaint praying that Adrian be declared as acknowledged illegitimate son of Fiscal Bernabe.
The RTC dismissed the complaint ruling that under the provision of the Family Code, the death of
the putative father had barred the action. On appeal, the Court of Appeals ruled that in the interest of
justice, Adrian should be allowed to prove that he was the illegitimate son of Fiscal Bernabe since
the boy was born in 1981; his rights are governed by Article 283 of the Civil Code. Hence, appeal
was interposed in the Supreme Court.

ISSUE: Whether or not the Family Code shall have retroactive effect.

HELD: Applying recent jurisprudence, the Supreme Court hold that Article 285 of the Civil Code is a
substantive law as it gives Adrian the right to file his petition for recognition within 4 years from
attaining majority age. Therefore, the Family Code cannot impair or take Adrians right to file an
action for recognition because that right had already vested prior to its enactment.














Bernabe vs. Alejo
GR No. 140500, J anuary 21, 2002

FACTS:

The late Fiscal Ernesto Bernabe allegedly fathered a son with his secretary Carolina Alejo and was
named Adrian Bernabe who was born on September 18, 1981. After Ernesto Bernabe and Rosalina
(legal wife) died, the sole surviving heir left was Ernestina. Carolina, in behalf of his son Adrian,
filed a complaint that Adrian be declared an acknowledged illegitimate son of Fiscal Bernabe and be
given a share of his fathers estate.

Trial courts ruling: Under the new law, an action for the recognition of an illegitimate child must be
brought within the lifetime of the alleged parent to give the latter an opportunity to either affirm or
deny the childs filiation.

CA ruling: The rights of Adrian are governed under Article 285 of the Civil Code which allows an
action for recognition to be filed within 4 years after the child has attained the age of majority and
that subsequent enactment of the Family Code did not take away his right.

ISSUE: Whether or not Adrian Bernabe may be declared an acknowledged illegitimate son.

HELD:

The Family Code makes no distinction on whether the former was still a minor when the latter died.
Thus, the putative parent is given by the new code a chance to dispute the claim, considering that
illegitimate children are usually begotten and raised in secrecy and without the legitimate family
being aware of their existence.

Furthermore, the grounds or instances for the acknowledgment of natural children are utilized to
establish the filiation of spurious children.

Hence, the petition wad denied and assailed decision was affirmed.

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