Case Digest for Article 173 of the Family Code: Marquino v. Intermediate Appellate Court (IAC, now Court of Appeals))
Marquino vs Intermediate Appellate Court (IAC, now Court of Appeals)
Eutiquio Marquino
and Maria Terenal-Marquino (wife) survived by Luz Marquino, Ana
Marquino and Eva Marquino “legitimate children” (Petitioners) v.
Bibiana Romano-Pagadora survived by Pedro, Emy, June, Edgar, May,
Mago, Arden and Mars Pagadora (Respondents)
GR No. 72078, 27
June 1994
Facts:
Respondent Bibiana
filed action for Judicial Declaration of Filiation, Annulment of
Partition, Support and Damages against Eutiquio. Bibiana was born on
December 1926 allegedly of Eutiquio and in that time was single. It
was alleged that the Marquino family personally knew her since she
was hired as domestic helper in their household at Dumaguete. She
likewise received financial assistance from them hence, she enjoyed
continuous possession of the status of an acknowledged natural child
by direct and unequivocal acts of the father and his family. The
Marquinos denied all these. Respondent was not able to finish
presenting her evidence since she died on March 1979 but the sue for
compulsory recognition was done while Eutiquio was still alive. Her
heirs were ordered to substitute her as parties-plaintiffs.
Petitioners,
legitimate children of Eutiquio, assailed decision of respondent
court in holding that the heirs of Bibiana, allegedly a natural child
of Eutiquio, can continue the action already filed by her to compel
recognition and the death of the putative parent will not extinguish
such action and can be continued by the heirs substituting the said
deceased parent.
Issues:
1. Can the right of
action for acknowledgment as a natural child be transmitted to the
heirs?; and
2. Can Article 173
can be given retroactive effect?
Held:
SC ruled that right
of action for the acknowledgment as a natural child can never be
transmitted because the law does not make any mention of it in any
case, not even as an exception. The right is purely a personal one
to the natural child. The death of putative father in an action for
recognition of a natural child can not be continued by the heirs of
the former since the party in the best position to oppose the same is
the putative parent himself.
Such provision of
the Family Code cannot be given retroactive effect so as to apply in
the case at bar since it will prejudice the vested rights of
petitioners transmitted to them at the time of death of their father.
IAC decision was
reversed and set aside. Complaint against Marquinos dismissed.
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