G.R. No. 16215 ; February 6, 1922
In re estate of Demetrio Larena, deceased. ASUNCION LARENA DE VILLANUEVA and MAXIMIANA LARENA DE ALVIOLA, petitioners-appellants, vs. JOSEFINA RUBIO VIUDA DE LARENA, opponent-appellee.

FACTS

Asuncion Larena, a natural daughter of the deceased Demetrio Larena, petitioned to be declared his co-heir. She was born in 1880, before the Spanish Civil Code took effect in the Philippines in 1889. From early childhood until before 1889, she lived with her father and enjoyed the public status of his daughter through his acts of acknowledgment. Demetrio Larena later married Josefina Rubio in 1900 and had legitimate children. He died in 1916. The trial court dismissed Asuncion’s petition, ruling that under Article 1327 of the Civil Code, her action for acknowledgment was barred as it was not commenced during her father’s lifetime.

ISSUE

1. Whether the Spanish Civil Code governs Asuncion Larena’s right to acknowledgment as a natural child.
2. Whether her right to participate in the inheritance under the Civil Code is barred by the legitimate children’s right to a legitime under the transitory provisions.

RULING

1. No. The Civil Code does not apply to Asuncion’s acknowledgment. Her birth and the tacit acknowledgment by her father through his acts occurred under the prior law (Law of Toro). That law granted her the vested status of a natural child through implied acknowledgment, provable by ordinary evidence without time limitation. This vested right, acquired under the former legislation, cannot be impaired by the Civil Code’s provisions (like Article 1327) under the transitory rules.
2. No. Asuncion, as an acknowledged natural child under the former law, has the right to participate in the inheritance under the Civil Code. Section 2 of the transitory provisions, which prevents a new right under the Code from prejudicing a right of the same origin acquired under the old law, does not apply. The legitimate children’s rights originated under the Civil Code (as they were born after its effectivity), not under the former legislation. Therefore, their legitime does not bar Asuncion’s right to concur in the inheritance, which is a new right granted by the Civil Code to natural children acknowledged under the old law. The case differs from Rocha vs. Tuason, where both the natural and legitimate children’s rights originated under the old law.
The appealed judgment is reversed. Asuncion Larena is declared the acknowledged natural daughter of Demetrio Larena with the right to participate in his inheritance under the Civil Code.