Conde vs.

Abaya Case Digest

Conde vs. Abaya
13 Phil 249
Facts: Casiano Abaya, unmarried, the son of Romualdo Abaya and Sabina Labadia died on the
1899. Paula Conde, as the mother of the natural children Jose and Teoista Conde, !hom she
states she had by Casiano Abaya mo"ed the settlement of the intestate succession.
An administrator has been aointed for the said estate. #o!e"er, Roman Abaya brother of
Casiano, came for!ard and oosed said aointment and claimed it for himself as bein$ the
nearest relati"e of the deceased. The court declares Roman Abaya to be the sole heir of Casiano
Abaya and to be therefore entitled to ta%e ossession of all the roerty of said estate.
Paula Conde filed a etition !herein she stated that she ac%no!led$ed the relationshi alle$ed by
Roman Abaya but that she considered her ri$ht !as suerior to his and mo"ed for a hearin$ on the
matter. She rayed that she be declared to ha"e referential ri$hts to the roerty left by Casiano
Abaya.
Issue: &hether or not the etitioner may enforce an action in the ac%no!led$ment of the natural
child from Casiano Abaya.
Ruling: The ri$ht of action for le$itimacy de"ol"in$ uon the child is of a ersonal character and
$enerally ertains e'clusi"ely to him. (nly the child may e'ercise it at any time durin$ his lifetime. As
e'cetion, and in three cases only, it may be transmitted to the heirs of the child, to !it) if he or she
died durin$ his or her minority, or !hile insane, or after action had already been instituted. *nasmuch
as the ri$ht of action accruin$ to the child to claim his or her le$itimacy lasts durin$ his or her !hole
lifetime, he or she may e'ercise it either a$ainst the resumed arents or his or her heirs. The ri$ht
of action !hich the la! concedes to the natural child is not transmitted to his ascendants or
descendants.