Flora L. Tubera-Balintec v. Heirs of Cesar L. Tubera

 

Flora L. Tubera-Balintec v. Heirs of Cesar L. Tubera

G.R. No. 235701

February 15, 2023

 

FACTS:

                Petitioner Flora was one of the siblings of decedent Cesar Tubera. Petitioner filed a petition to probate the holographic will of the decedent. She averred that Cesar, through the will, instituted his siblings as his heirs. Upon filing of such petition, respondents filed their opposition. Respondents contended that they were the spouse (Florenda) and only son (Mark Cesar) of the decedent. The proof of the latter’s filiation being his Certificate of Live Birth and the attached Affidavit for Delayed Registration signed by the decedent as the informant. The Regional Trial Court, after hearing, ruled that the marriage between Florenda and Cesar was void and held that Mark Cesar is the sole heir of the decedent as his illegitimate child. Further, the court declared that the will is void for preteriting the sole compulsory heir. The Court of Appeals upheld the trial court’s ruling.

 

ISSUE:

                Whether or not Mark Cesar was sufficiently proved to be Cesar’s illegitimate son.

 

HELD:

                Yes. The Supreme Court, citing the CA ruling, held: “Anent the issue on whether Mark Cesar was the child of the decedent, again, We agree with the findings of the court a quo. xxx The Certificate of Live Birth shows that the decedent, Cesar Tubera was declared as the father of Mark Cesar. This is further strengthened by the fact that it was the former who appears to be the informant, or the one who supplied the information indicated in the certificate, and signed above his name. On page 2 of the certificate, the decedent Cesar even filled out the affidavit for delayed registration of birth and likewise signed therein. “At this juncture, there is no doubt that Mark Cesar is indeed the child of the decedent Cesar. This notwithstanding, Mark Cesar cannot be considered as a legitimate child of [Florenda] Ballesteros and decedent Cesar as he was a product of a marriage that is void from the beginning as aforementioned.

“Article 175 in relation to Article 172 of the Family Code sets forth how an illegitimate (non-marital) child can prove his or her filiation, to wit: ART. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. ART. 172. The filiation of legitimate children is established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned

In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

(1) The open and continuous possession of the status of a legitimate child; or

(2) Any other means allowed by the Rules of Court and special laws. “Clearly, the filiation of Mark Cesar has been established by the record of birth appearing in the civil register. Mark Cesar, thus, stands to succeed from his father Cesar Tubera as an illegitimate (non-marital) child. Being the sole compulsory heir, he excludes the collateral relatives of decedent Cesar Tubera, including petitioner.”