Virginia Calimag v. Macapaz Heirs

GR 191936     

June 1, 2016

Facts:

Virginia co-owned a property with Silvestra under Transfer Certificate Title (TCT) No.183088 and under such title is an annotation of an Adverse Claim of Fidela asserting rights and interests over a portion of the said property. Anastacio Jr. and Alicia both surnamed Macapaz are children of Silvestra’s brother, Anastacio Sr. and Fidela Vda de Macapaz. Anastacio Jr. filed a criminal complaint against the petitioner for 2 counts of falsification of documents but was dismissed. On 2006, respondents, asserting that they are the heirs of Silvestra, instituted the action for Annulment of Deed of Sale and Cancellation of TCT 221466 with damages. Petitioner countered that respondents have no legal capacity to institute said civil action because they are illegitimate children of Anastacio Sr and Art. 992 of the Civil Code prohibits illegitimate children from inheriting intestate.

Issue: W/N respondents are legal heirs of Silvestra. 

Held:

            Court favors respondents. Petition is bereft of merit. Court finds that the respondents’ certificate of live births were duly executed with the provision of the law respecting the registration of birth of illegitimate child. The fact that only the signature of Fidela appear on said documents is of no moment because Fidela only signed as the declarant or informant of the respondents’ fact of birth as legitimate children. Also, Anastacio Sr. and Fidela had openly cohabited as husband and wife (Trinidad v CA) for a number of years as a result of which they had 2 children (respondents). Art 220 of the Civil Code is the governing provision herein which states that “in case of doubt, all presumptions favor solidarity of the family. Thus, every intendment of law or facts leans toward the validity of marriage, the indissolubility of the marriage bonds, the legitimacy of the children, the community property during marriage, the authority of parents over their children, and the validity of the defense for any member of the family in case of unlawful aggression.”