G.R. No. L-9105; November 22, 1915
In re Estate of Apolinia Remigio. Gorgonia Remigio, petitioner-appellant, vs. Santiago Ortiga, Eduardo Ortiga, and Alfonso Ortiga, respondents-appellees.

FACTS:
Apolinia Remigio died in Manila, leaving a will dated August 12, 1911, which was duly probated. In her will, she instituted her niece, Gorgonia Remigio, as her universal heir. The will contained explicit declarations that the respondents, Santiago, Eduardo, and Alfonso Ortiga, were not her children, despite being named as such in the will of her predeceased husband, Pablo Ortiga. Apolinia stated that her only children from her marriage died in infancy and that she had no descendants.

Following the probate, Gorgonia Remigio petitioned the court for the delivery of the estate’s residue to her as the instituted heir. The respondents opposed, claiming to be the legitimate forced heirs of Apolinia and entitled to a two-thirds share of her estate. The Court of First Instance of Manila ruled in favor of the respondents, declaring them forced heirs and awarding them two-ninths each of the estate, with the remaining third to be distributed among the legatees. Gorgonia Remigio appealed.

ISSUE:
Whether or not the respondents, Santiago, Eduardo, and Alfonso Ortiga, are the legitimate children and forced heirs of the deceased Apolinia Remigio, entitled to a legal share in her estate.

RULING:
NO. The Supreme Court reversed the order of the lower court. The respondents failed to prove they were the legitimate children born of Apolinia Remigio.

The Court held that the baptismal certificates presented by the respondents, which indicated they were children of Pablo Ortiga and Apolinia Remigio, were not conclusive proof of legitimate filiation. A baptismal certificate attests to the administration of the sacrament and its date, but not to the veracity of the statements therein regarding parentage.

The positive testimony of witnesses for the petitioner established that:
1. Santiago Ortiga was not Apolinia’s biological son but was purchased in China as an infant from pagan parents.
2. Eduardo and Alfonso Ortiga were not born to Apolinia but were the children of another woman, Vicentica Lopez, who lived in the Ortiga household.

The various acts of tolerance or acknowledgment by Apolinia (such as being named as a mother in the husband’s will and in certain documents) were insufficient to establish legitimate filiation, especially in light of the clear and contrary evidence presented. The express declarations in Apolinia’s own will, denying the respondents were her children, were given weight.

Therefore, the respondents are not forced heirs of Apolinia Remigio and have no right to a share in her estate. The instituted heir, Gorgonia Remigio, is entitled to the residue of the estate after payment of debts, legacies, and charges. The appealed order was revoked.