G.R. No. 208912 /G.R. No. 209018, December 7, 2021
AMADEA ANGELA K. AQUINO, PETITIONER, VS. RODOLFO C. AQUINO AND ABBULAH C. AQUINO, RESPONDENTS. [G.R. No. 209018] RODOLFO C. AQUINO, PETITIONER, VS. AMADEA ANGELA K. AQUINO RESPONDENT.

FACTS

Before the Court are consolidated petitions for certiorari. Amadea Angela K. Aquino (Amadea) claims to be the illegitimate daughter of the deceased Arturo Aquino and, consequently, a legal heir of her alleged grandfather, decedent Miguel Aquino. The ponencia granted Amadea’s motion for reconsideration, interpreting Article 992 of the Civil Code to allow children, regardless of the circumstances of their birth, to inherit from their direct ascendants by right of representation, and finding that respondents Abdulah and Rodolfo Aquino are estopped from denying Amadea’s filiation.

ISSUE

The primary issue subject to judicial review is the interpretation of Article 992 of the Civil Code. However, a threshold issue is whether the Court can properly exercise its power of judicial review over the constitutional challenge to Article 992.

RULING

The Separate Opinion of Chief Justice Gesmundo concurs with the view that the petitions should be remanded to the Regional Trial Court (RTC) for reception of evidence and resolution of factual issues. Before interpreting whether Article 992 conforms to the Constitution or international law, the Court must first determine if it can exercise judicial review. The essential requisites for judicial inquiry into a law’s constitutionality are: (a) an actual case or controversy involving a conflict of legal rights; (b) the question raised by a proper party; (c) raised at the earliest opportunity; and (d) its resolution is necessary to the case’s decision. An actual case or controversy involves a conflict of legal rights, assertions of opposite legal claims susceptible of judicial resolution, not a hypothetical or abstract dispute. Interrelated is the requirement of ripeness, meaning the challenged act has had a direct adverse effect, and there is an immediate or threatened injury. Without an actual case or controversy, the Court would violate Section 1, Article VIII of the Constitution, provide an advisory opinion (which is proscribed), and disturb the presumption of constitutionality enjoyed by laws. The Court must accord due respect to acts of the co-equal branches of government, which are presumed regular and reflect the will of the people.