Case Digest PFR Subject Tayag Vs CA (G.R. No. 95229 June 9, 1992)

The document summarizes a case digest on the rights of illegitimate children regarding inheritance. The case involved a plaintiff seeking inheritance for her minor son Chad from the estate of the deceased Atty. Ocampo, who was Chad's putative father. While the defendant administratrix argued Chad had no right to inherit due to lack of filiation recognition, the court found that under Article 285, the action to compel recognition had not prescribed since the father died while Chad was a minor. Therefore, Chad had the right to inherit from his deceased father's estate.

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Case Digest PFR Subject Tayag Vs CA (G.R. No. 95229 June 9, 1992)

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Grandeur P. G. Guerrero

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CASE DIGEST ON PERSONS AND FAMILY RELATIONS (PFR) SUBJECT

1st Year 1st Semester

Student : Guerrero, Grandeur P.G.

Freshman, Juris Doctor
Professor : Hon. Judge Eugene C. Paras

Case Digest, in re: Arts. 163 to 182 of the Family Code (Paternity
and Filiation)

Title: Tayag vs CA
[G.R. No. 95229 June 9, 1992]

Petitioner: CORITO OCAMPO TAYAG

Respondents: COURT OF APPEALS and EMILIE DAYRIT CUYUGAN

Ponente: Justice Regalado

Facts:

The plaintiff is the mother of Chad Cuyugan, a minor, whose father is the
deceased Atty. Ocampo. Defendant is one of the daughters of the
deceased who is also the administratrix. Plaintiff and the deceased had an
illicit relationship, as a consequence, they had a child – Chad. The child has
been showered with exceptional affection, love and care by his putative
father, for being his only son, based on the letters of the deceased. Some
of his letters consists of the following lines:

Let me bless him by my name and let me entitle him to all what I am and
what I’ve got…

I have vowed to recognize him and be my heir…

Chad, although an illegitimate child, is entitled to a share in the intestate

estate left by his father. However, defendant refused to give the minor a
share.

Plaintiff prays, among others, that judgment be rendered ordering

defendant to render an inventory and accounting of the real and personal
properties left by Atty. Ricardo Ocampo; to determine and deliver the share
of the minor child Chad in the estate of the deceased; and to give him
support pendente lite.

Defendant contended that the action to claim for inheritance is premature

and that the recognition of the minor child must first be established – and
that no allegation of such recognition in the complaint. She also contended
that the action to establish filiation and compel recognition has prescribed
– hence, he has no right to inherit.

ISSUE:

Whether Chad has the right of inheritance in the estate of the deceased.

HELD:

An illegitimate child, to be entitled to support and successional rights must

prove filiation. There should be an allegation in the complaint of the
acknowledgment and recognition by the putative father because serves as
a basis of the right to inherit. There being no allegation of such
acknowledgment, the action becomes one to compel recognition which
cannot be brought after the death of the putative father.

However, Art. 285 of the Civil Code provides:

The action for the recognition of natural children may be brought only
during the lifetime of the presumed parents, except in the following cases:

(1) If the father or mother died during the minority of the child, in which
case the latter may file the action before the expiration of four years from
the attainment of his majority; xxxx

Based on the foregoing, the cause of action of private respondent has not
yet prescribed.