Case # 174 (assigned to Astrid) Proof of Filiation Compulsory Recognition Bernabe v. Alejo [G.R. No.

. 140500, January 21, 2002] PONENTE: Panganiban, J. FACTS: The late Fiscal Ernesto Bernabe allegedly fathered a son with Carolina Alejo, his secretary for 23 years. The son, Adrian Bernabe, was born on September 18, 1981. Fiscal Bernabe died on August 13, 1993 while his wife Rosalina died on December 3, 1981, leaving Ernestina as their sole surviving heir. Carolina, on behalf of Adrian, frilled a complaint praying that Adrian be declared as an acknowledged illegitimate son of Fiscal Bernabe and as such, be given his share in Fiscal Bernabes estate, which was being held by Ernestina as the sole surviving heir. The RTC dismissed the complaint, ruling that under the provisions of the Family Code, the complaint was already barred. On appeal to the CA, it ruled that the subsequent enactment of the Family Code did not take away the right of Adrian to file a petition for recognition within four years from attaining majority age. Hence this petition for review on certiorari under Rule 45 of the Rules of Court, praying for (1) nullification of the July 7, 1999 CA decision and (2) reinstatement of two (2) orders issued by RTC.

ISSUE: 1) Whether or not Adrian Bernabe can petition for compulsory recognition now that his alleged father is dead. HELD: 1) Yes, Adrian Bernabe can petition for compulsory recognition even when his alleged father is already dead. RATIONALE: The Family Code took effect on August 3, 1988, Adrian was only 7 years old then and he was only 12 years old when his father died. The Supreme Court ruled that Adrians right to an action for recognition which was granted by Article 285 of the Civil Code, had already vested prior to the enactment of the Family Code. Article 255 of the Civil Code states: This code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. Article 285 of the Civil Code states: The action for recognition of the natural children may be brought only during the lifetime of the presumed parents except in the following cases: (1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority; (2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child. In this case, the action must be commenced within four years from the finding of the document. The petition for compulsory recognition was filed by Carolina on behalf of Adrian on May 16, 1994, when Adrian was still a minor or 13 years old. This is well before the expiration of four years from the attainment of his majority.