Maria Joenelia Salanap-Ventic Student No.

2018-0504

(97) Benitez-Badua v. CA, GR 105625, January 24, 1994 [Per J. Puno, Second Division]

Issue:
Can Marissa’s filiation be impugned despite the death of Vicente?
Facts:
Spouses Vicente and Isabel Chipongian owned various properties. Isabel died in 1982 while
Vicente died in 1989 intestate. The fight for administration of Vicente's estate ensued. Victoria
and Feodor (Vicente's sister and nephew) filed for issuance of letters of administration in favor
of Feodor. They alleged that the Vicente is survived by no other heirs or relatives. Marissa
opposed the petition, claiming that she is the sole heir of the deceased Vicente and capable of
administering the estate. To attest that she is the only legitimate child of spouses Vicente and
Isabel, Marissa submitted documentary evidence, among others: (1) her Certificate of Live Birth,
(2) Baptismal Certificate, (3) Income Tax Returns and Information Sheet for Membership with
the GSIS of the late Vicente naming her as his daughter and (4) School Records. The relatives of
Vicente proved through testimonial evidence, that the spouses failed to beget a child during their
marriage. Victoria categorically declared that Marissa was not the biological child of the spouses
who were unable to physically procreate. In fact, there is a Deed of Extra-Judicial Settlement of
the Estate of the Deceased Isabel executed by Vicente and Dr. Nilo, a brother of Isabel. In this
notarized document, Vicente and Dr. Nilo stated that they are the sole heirs of Isabel because she
died without descendants or ascendants.
Ruling:
Yes. Marissa’s affiliation can be impugned despite the death of Vicente. Article 171 of FC
provides that the heirs of the husband (Vicente) may impugn the filiation of the child. However,
in this case Art. 171 of FC is inapplicable because this is not an action to impugn legitimacy of a
child (Marissa), but an action to claim the inheritance as legal heirs of the childless Isabel and
Vicente. The totality of contrary evidence presented by Vicente's sister and nephew showed that
Isabel did not become pregnant, as also testified by the witnesses and prior to Vicente’s death, he
effectively repudiated the Certificate of Live Birth of Marissa, in which he appeared to be
Marissa’s father, when he executed a Deed of Extra-Judicial Settlement of the Estate of the
Deceased Isabel which did not recognize Marissa as one of the heirs. Marissa is not the
decedent's child at all, not a legal heir of Vicente. Under the law, the mere registration of a child
in his or her birth certificate as the child of the supposed parents is not a valid adoption. It does
not confer upon the child the status of an adopted child and her legal rights. Therefore, Marissa
cannot become the legal sole heir of Vicente.