The
legitimacy
of
the
child
cannot
be
contested
by
way
of
defense
or
as
a
collateral
issue
in
another
action
for
a
different
purpose.
FACTS:
A
complaint
was
filed
before
the
Department
of
Agrarian
Reform
Adjudication
Board
(DARAB)
of
Malolos,
Bulacan
by
Mauricio
and
her
daughter,
Leonida
for
annulment
of
contract
entered
into
by
Reyes.
Eugenio
Reyes
was
the
registered
owner
of
a
parcel
of
land
located
at
Turo,
Bocaue,
Bulacan.
Respondents
alleged
that
they
are
the
legal
heirs
of
the
late
Godofredo
Mauricio,
who
was
the
lawful
and
registered
tenant
of
Eugenio
through
his
predecessors-‐in-‐interest
to
the
subject
land;
that
through
fraud,
deceit,
strategy
and
other
unlawful
means,
Eugenio
caused
the
preparation
of
a
document
to
eject
Respondents
from
the
subject
property.
On
appeal
with
the
CA,
Reyes
assailed
the
status
of
Leonida
as
a
legal
heir
and
her
capacity
to
substitute
Mauricio
who
died
during
the
pendency
of
the
case.
He
averred
that
Leonida
is
merely
a
ward
of
Librada.
ISSUE:
Whether
Leonida’s
filiation
may
be
attacked
collaterally
RULING:
No.
It
is
settled
that
filiation
cannot
be
collaterally
attacked.
The
legitimacy
of
the
child
cannot
be
contested
by
way
of
defense
or
as
a
collateral
issue
in
another
action
for
a
different
purpose.
This
principle
applies
under
our
Family
Code.
Articles
170
and
171
of
the
Code
confirm
this
view,
because
they
refer
to
the
action
to
impugn
the
legitimacy.
This
action
can
be
brought
only
by
the
husband
or
his
heirs
and
within
the
periods
fixed
in
the
present
articles.
Vitug,
Loisse
Danielle
D.
Ko
v.
Aramburo
(2017)
Simeon's
sale
of
their
conjugal
property
without
his
wife's
conformity
under
the
Old
Civil
Code
is
merely
voidable,
not
void.
The
imprescriptibility
of
an
action
assailing
a
void
contract
under
Article
1410
of
the
NCC,
thus,
does
not
apply
in
such
case.
FACTS:
Subject
of
this
case
are
seven
parcels
of
land
located
in
Tabaco
City,
Albay,
under
the
name
of
Corazon
(Simeon’s
sister).
The
complaint
alleged
that
Virginia
and
her
husband
Simeon,
together
with
Corazon
and
her
husband
Felix,
acquired
the
subject
properties
from
Spouses
Eusebio
and
Epifania.
However,
allegedly
with
the
use
of
falsified
documents,
Corazon
was
able
to
have
the
entire
subject
properties
transferred
exclusively
to
her
name.
She
alleged
that
in
1974,
Simeon
sold
and
conveyed
his
entire
one-‐half
share
in
the
co-‐owned
properties
in
her
favor.
Hence,
Corazon
became
the
sole
owner
thereof
and
consequently,
was
able
to
transfer
the
titles
of
the
same
to
her
name.
ISSUE:
Whether
the
sale,
without
Virginia’s
consent
is
void
RULING:
No.
As
far
as
Virginia
is
concerned,
this
case
falls
under
the
provisions
of
the
Old
Civil
Code.
The
CA
erred
in
applying
Article
1410
of
the
NCC
stating
that
the
action
to
question
a
void
contract
is
imprescriptible.
It
is
error
to
hold
the
subject
Deed
of
Absolute
Sale
as
void
for
lack
of
the
wife's
conformity
Simeon's
sale
of
their
conjugal
property
without
his
wife's
conformity
under
the
Old
Civil
Code
is
merely
voidable,
not
void.
The
imprescriptibility
of
an
action
assailing
a
void
contract
under
Article
1410
of
the
NCC,
thus,
does
not
apply
in
such
case.
The
10-‐year
prescriptive
period
under
Article
173
of
the
Old
Civil
Code,
therefore,
should
be
applied
in
this
case.
Here,
the
invalid
sale
was
executed
on
December
14,
1974
while
the
action
questioning
the
same
was
filed
in
1993,
which
is
clearly
way
beyond
the
10-‐year
period
prescribed
under
Article
173
of
the
Old
Civil
Code.
Virginia's
recourse
is,
therefore,
to
demand
only
the
value
of
the
property,
i.e.,
the
one-‐third
portion
of
the
subject
properties
invalidly
sold
by
Simeon
without
Virginia's
conformity
pursuant
to
the
same
provision.
Vitug,
Loisse
Danielle
D.
Imani
v.
Metrobank
(2010)
The
party
claiming
that
the
property
is
conjugal
must
show
proof
that
said
property
was
acquired
during
marriage.
FACTS:
Evangeline
D.
Imani
and
her
co-‐sureties
signed
a
Continuing
Suretyship
Agreement
in
favor
of
respondent
Metrobank.
As
sureties,
they
bound
themselves
to
pay
Metrobank
whatever
indebtedness
C.P.
Dazo
Tannery,
Inc.
(CPDTI)
incurs,
but
not
exceeding
Six
Million
Pesos
(P6,000,000.00).
CPDTI
defaulted
in
the
payment
of
its
loans.
The
sheriff
levied
on
a
property
registered
in
Imani’s
name.
Petitioner
opposed
the
motion,
asserting
that
the
property
belongs
to
the
conjugal
partnership.
Attached
to
her
opposition
were
an
affidavit
executed
by
Crisanto
Origen,
the
former
owner
of
the
property,
attesting
that
spouses
Sina
and
Evangeline
Imani
were
the
vendees
of
the
subject
property;
and
the
photocopies
of
the
checks
allegedly
issued
by
Sina
Imani
as
payment
for
the
subject
property.
ISSUE:
Whether
or
not
the
property
is
conjugal
RULING:
No.
The
said
affidavit
can
hardly
be
considered
sufficient
evidence
to
prove
her
claim
that
the
property
is
conjugal.
As
correctly
pointed
out
by
Metrobank,
the
said
affidavit
has
no
evidentiary
weight
because
Crisanto
Origen
was
not
presented
in
court
to
affirm
the
veracity
of
his
affidavit.
The
basic
rule
of
evidence
is
that
unless
the
affiants
themselves
are
placed
on
the
witness
stand
to
testify
on
their
affidavits,
such
affidavits
must
be
rejected
for
being
hearsay.
The
party
claiming
that
the
property
is
conjugal
must
show
proof
that
the
property
was
acquired
during
marriage.