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Berciles v.

GSIS
Premiums are presumed conjugal without proof of payment though exclusive funds Facts: GSIS recognized Pascual Berciles as an acknowledged natural child and other private respondents Maria Luisa Berciles Vallreal, mercy Berciles Patacsil and Rhoda Berciles as illegitimate children of Judge Pascual Berciles with Flor Fuentebella and thus have rights to his retirement benefits This was contested by his wife Iluminada Ponce and their children. ISSUE: WON GSIS was correct in upholding their status as a natural child and illegitimate children HELD: NO Art 287 pf NCC illegitimate children other than natural are entitled to support and such sucsessional rights are granted in the code, but for this article to be applicable, there must be admission or recognition of paternity of illegitimate child. No evidence of admission o (X)There was no evidence that he intervened when his name was put in the birth certificate of Pascual Berciles, thus his part in the birth certificate is null and void o (X) baptismal certificate has no weight as well o (X) living together does not prove filiation o (X) pictures are not proof of filiation o Their mother was not recognized to be married to the deceased RESULT: retirement benefits are distributed equally to the five recognized heirs from his marriage to Iluminda Ponce who is also an heir. o Art 966 of NCC if a widow or widower and legit children or descendants are left, surviving spouse has in the succession the same share as that of each of the children Art 980 of NCC children of deceased shall always inherit from him in their own right, dividing the inheritance in equal shares.

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