Aguilar Vs Siasat

Persons and Family Relations
Professor: Atty. Estolloso

G. R. No. 200169 Ponente: DEL CASTILLO, J.
Aguilar vs. Siasat Submitted by:
Submitted on:
January 28, 2015 ONIA, John Arjay
st September 5, 2019
1 Year, Juris Doctor
Petitioner: Respondent:
Rodolfo S. Aguilar Edna G. Siasat
NATURE OF PETITION:
This Petition for Review on Certiorari seeks to set aside the August 30, 2006 Decision and December 20,
2011 Resolution of the Court of Appeals (CA) in CA-G.R. CEB-CV No. 64229 affirming the August 17,
1999 Decision of the Regional Trial Court (RTC) of Bacolod City, Branch 49 in Civil Case No. 96-9591
and denying petitioner’s Motion for Reconsideration.
FACTS:
Petitioner Rodolfo S. Aguilar filed with the RTC of Bacolod City (Bacolod RTC) a civil case for mandatory
injunction with damages against respondent Edna G. Siasat. Docketed as Civil Case No. 96-9591 and
assigned to Branch 49 of the Bacolod RTC, the Complaint 7 alleged that petitioner is the only son and sole
surviving heir of the Aguilar spouses; that he (petitioner) discovered that the subject titles were missing,
and thus he suspected that someone from the Siasat clan could have stolen the same; that he executed
affidavits of loss of the subject titles and filed the same with the Registries of Deeds of Bacolod and Bago.
Respondent claimed that petitioner is not the son and sole surviving heir of the Aguilar spouses, but a
mere stranger who was raised by the Aguilar spouses out of generosity and kindness of heart; that
petitioner is not a natural or adopted child of the Aguilar spouses; that since Alfredo Aguilar predeceased
his wife, Candelaria Siasat-Aguilar, the latter inherited the conjugal share of the former; that upon the
death of Candelaria Siasat-Aguilar, her brothers and sisters inherited her estate as she had no issue; and
that the subject titles were not stolen, but entrusted to her for safekeeping by Candelaria Siasat-Aguilar,
who is her aunt. By way of counterclaim, respondent prayed for an award of moral and exemplary
damages, and attorney’s fees.
Issue: Ruling
Whether or not petitioner’s SSS E-1 acknowledged and notarized before a notary
public, executed by Alfredo Aguilar, recognizing the petitioner as his son as public YES
document that satisfies the requirement of Article 172 of the [Family] Code in the
establishment of the legitimate filiation of the petitioner with his father, Alfredo Aguilar?
RULING:
YES. The filiation of illegitimate children, like legitimate children, is established by (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
thereof, 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. The due recognition of an
illegitimate child in a record of birth, a will, a statement before a court of record, or in any
authentic writing is, in itself, a consummated act of acknowledgment of the child, and no further
court action is required. In fact, any authentic writing is treated not just a ground for compulsory
recognition; it is in itself a voluntary recognition that does not require a separate action for
judicial approval. Where, instead, a claim for recognition is predicated on other evidence merely tending
to prove paternity, i.e., outside of a record of birth, a will, a statement before a court of record or an
authentic writing, judicial action within the applicable statute of limitations is essential in order to establish
the child's acknowledgment.
Petitioner has shown that he cannot produce his Certificate of Live Birth since all the records covering the
period 1945-1946 of the Local Civil Registry of Bacolod City were destroyed, which necessitated the
introduction of other documentary evidence particularly Alfredo Aguilar's SSS Form E-1 (Exhibit "G") to
prove filiation. It was erroneous for the CA to treat said document as mere proof of open and continuous
possession of the status of a legitimate child under the second paragraph of Article 172 of the Family
Code; it is evidence of filiation under the first paragraph thereof, the same being an express recognition in
a public instrument.
Disposition:
WHEREFORE, the Petition is GRANTED. The August 30, 2006 Decision and December 20, 2011
Resolution of the Court of Appeals in CA-G.R. CEB-CV No. 64229, as well as the August 17, 1999
Decision of the Regional Trial Court of Bacolod City, Branch 49 in Civil Case No. 96-9591 are
REVERSED and SET ASIDE. Respondent Edna G. Siasat is hereby ordered to SURRENDER to the
petitioner Rodolfo S. Aguilar the owner's duplicates of Transfer Certificates of Title Nos. T-25896 and T-
(15462) 1070.
SO ORDERED.

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Persons and Family Relations

Professor: Atty. Estolloso

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