G.R. No. L-39948 February 28, 1985
HEIRS OF LEONARDO COLORADO and HEIRS OF JUAN COLORADO, petitioners, vs. COURT OF APPEALS, CARMEN COLORADO, et al., respondents.

FACTS

The petitioners are the heirs of Leonardo, Alfonso, Juan, Antonio, and Porfirio Colorado, who were the natural children of Flaviano Colorado and Juliana del Rosario. Flaviano married Juliana in articulo mortis on August 30, 1922, and died intestate the following day. In 1925, his estate, including two specific parcels of land, was orally partitioned among his widow and all his children, including the five natural sons. These two parcels were assigned to Flaviano’s daughters, Carmen, Andrea, and Fortunata Colorado. Decades later, in 1967, some of the petitioners sold their purported hereditary shares in these same lands to Gregorio Corpuz. When Carmen Colorado refused to recognize the sales, Corpuz filed an action for partition.
The trial court ruled that the five Colorado brothers were the legitimated children of Flaviano by virtue of the subsequent marriage, making them co-owners of his estate. It thus declared the deeds of sale void as affecting the subject lands. On appeal, the Court of Appeals modified this ruling, holding that the five brothers were not legitimated children.

ISSUE

Whether the five Colorado brothers were legitimated by the subsequent marriage of their parents, Flaviano Colorado and Juliana del Rosario, thereby entitling them to a hereditary share in his estate.

RULING

No. The Supreme Court affirmed the Court of Appeals, ruling that the Colorado brothers were not legitimated. Under Article 121 of the Spanish Civil Code (the applicable law), for subsequent marriage to legitimate natural children, the children must first be formally acknowledged by the parent in a record of birth, a will, or some other public document as required by Article 131. Legitimation is not automatic upon marriage; it is conditional upon prior valid acknowledgment.
The Court found no evidence that Flaviano Colorado ever formally acknowledged his five natural sons in any manner prescribed by law. While he lived with them and their photograph together existed, such tacit or implied recognition is insufficient. A family picture is neither a record of birth, a will, nor a public document; it does not constitute the express acknowledgment required by the Code. Consequently, since there was no prior valid acknowledgment, the subsequent marriage of Flaviano and Juliana could not operate to legitimate their natural children. The petitioners, therefore, had no hereditary rights to the estate of Flaviano Colorado, and the sales of specific shares in the subject lands were invalid.