1.) Abraham died intestate on 7 January 1994 survived by his son Braulio. Abraham's older son Carlos died on 14 February 1990. Danilo who claims to be an adulterous child of Carlos intervenes in the proceedings for the settlement of the estate of Abraham in representation of Carlos. Danilo was legally adopted on 17 March 1970 by Carlos with the consent of the "latter'swife.” 1. Under the Family Code, how may an illegitimate filiation be proved? Explain. 2. As lawyer for Danilo, do you have to prove Danilo’s illegitimate filiation? Explain.
1. Under Art. 172 in relation to Art. 173 and Art. 175 of the FC, the filiation of illegitimate children may be established in the same way and by the same evidence as legitimate children. Art. 172 provides that 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.
2. No. Since Danilo has already been adopted by Carlos, he ceased to be an illegitimate child. An adopted child acquires all the rights of a legitimate child under Art, 189 of the FC.
2.) Nestor is the illegitimate son of Dr. Perez. When Dr. Perez died, Nestor intervened in the settlement of his father's estate, claiming that he is the illegitimate son of said deceased, but the legitimate family of Dr. Perez is denying Nestor's claim. What evidence or evidences should Nestor present so that he may receive his rightful share in his father's estate?
To be able to inherit, the illegitimate filiation of Nestor must have been admitted by his father in any of the following:
The record of birth appearing in the civil register,
A final judgment,
A public document signed by the father, or
A private handwritten document signed by the (Art. 175 in relation to Art. 172, FC)