tayag v ca

7/28/2019 Tayag v CA

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Legitimes: Compulsory Heirs

149. Tayag vs CA

PROPERTY INVOLVES SEVERAL MILLIONS OF REAL AND PERSONAL PROPERTIES.

FACTS:

(1)Respondent Emilie Cayugan in her capacity as the mother and the legal guardian of minorCayugan filed a complaint of Claim for Inheritance against the Petitioner Corito Ocampo whadministratix of the estate of the late Atty. Ocampo.

(2)Respondent Emilie Cayugan has been estranged from her husband, Jose Cayugan. Respondeand Atty. Ocampo had an illicit relationship with each other. As a result of the illicit relationship, thebegot a child named Chad Cuyugan.

(3)Chad had been showered with exceptional affection, fervent love and care by the putative fath

for being his only son. This affection can be proven through letters and documents.

(4) RESPONDENT'S CONTENTION:

a. although he is illegitimate he is nevertheless entitled to a share inthe intestate estate left by his deceases father, AS ONE OF THE SURVIVINGHEIRS.

b. she is asking for a financial support from the estate of theputative father for she has no means of livelihood and she only depends on thecharity

c. the plaintiff refused to satisfy the claim for the inheritanceagainst the estate of the deceased.

(5) The estate of the deceased has not as yet been inventoried by the

defendant and the inheritance of the surviving heirs including Chad has not been

likewise been ascertained.

(6) PETITIONER'S CONTENTION: FILED A MOTION TO DISMISSIMPORTANT GROUND: the complaint merely alleged that the

minor Chad is an illegitimate of the child of the deceased and actually asking for


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the claim of the inheritance, --THIS MAYBE CONSIDERED AS ONE TOCOMPEL RECOGNITION. Also, the letters and documents are not a sufficientevidence, the father can no longer testify that he really made it and to establishsuch filiation child must brought the action during the lifetime of the father.a. action is prematureb. no cause of actionc. barred of prescriptiond. she has no legal standing and no judicial personalitye. court has no jurisdiction

(7) RTC: ordered that the motion to dismiss be denied.CA: Affirmed the decision of the RTC.

ISSUE: Whether or not Chad has the right to claim over his share of inheritance in the estate of th

deceased?

HELD:

Yes. Chad has the right to claim over his share on the estate of the deceased.

RATIONALE:

(THE MOTHER PROVED THE FILIATION OF THE SON AND HE FILED IT WITHIN THE

PRESCRIPTIVE PERIOD)

In this case, SC ruled that if the action is based on the record of birth of the child, final judgment, oadmission by the parent of the child's filiation in a public document or in a private handwritten signinstrument, then the action may be brought during the lifetime of the child. However, if the action ison the continuous possession by the child of the status of an illegitimate child, that the action mustbrought during the lifetime of the alleged parent.

ARTICLE 285 of the Civil Code is the controlling factor since the alleged parent died during the theminority of the child, the action of the for the filiation may be filed within four years from the attainmthe majority of the minor. The trial court is therefore, correct in applying the provisions of Article 28the Civil Code and in holding that private respondent's cause of action has not

yet prescribed.

Moreover, the right of the action of the minor child has been vested by filing of the complaint in cou

under the regime of the CIvil Code and prior to the effectivity of the Family Code.


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tayag v ca

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