G.R. No. 32473, October 6, 1930
MELECIO MADRIDEJO, represented by his guardian ad litem, Pedro Madridejo, plaintiff-appellee, vs. GONZALO DE LEON, ET AL., defendants-appellants.

FACTS

Melecio Madridejo was born on June 1, 1917, to Pedro Madridejo and Flaviana Perez, who were unmarried at the time. The birth was registered in the civil registry by Pedro Madridejo, who provided the necessary data. Flaviana Perez was previously married to Eulogio de Leon, with whom she had a son, Domingo de Leon. After Eulogio’s death in 1915, Flaviana lived with Pedro Madridejo. On July 8, 1920, while on her deathbed, Flaviana married Pedro Madridejo in a religious ceremony performed by the parish priest of Siniloan, Laguna. She died the following day. Domingo de Leon, Melecio’s half-brother, died on May 2, 1928. Melecio Madridejo filed an action to recover ownership and possession of property from the defendants (heirs of Domingo de Leon), claiming that as the legitimated son of Pedro and Flaviana, he was Domingo’s next of kin and rightful heir. The trial court ruled in favor of Melecio, declaring him legitimated by the subsequent marriage of his parents.

ISSUE

Whether Melecio Madridejo was legitimated by the subsequent marriage of his parents, Pedro Madridejo and Flaviana Perez, thereby entitling him to inherit from his half-brother, Domingo de Leon.

RULING

NO. The Supreme Court reversed the trial court’s decision and dismissed the complaint.

The Court held that for a natural child to be legitimated by the subsequent marriage of the parents under Article 121 of the Civil Code, the child must have been acknowledged by the parents either before or after the marriage. The acknowledgment must be made voluntarily in the record of birth, a will, or another public document (Article 131), or compelled through judicial action (Articles 135 and 136).

In this case:
1. Voluntary Acknowledgment: The birth registration (Exhibit B) was not a valid acknowledgment because it was not executed or signed by Pedro Madridejo as a public document, nor did it contain an express acknowledgment of paternity. The baptismal certificate (Exhibit 2) was not proof of parentage.
2. Compulsory Acknowledgment: Melecio did not institute a judicial action to compel acknowledgment from his parents or their heirs, which is a prerequisite for compulsory acknowledgment. The defendants’ admission in their answer that Melecio was Flaviana’s son did not substitute for a judicial declaration of acknowledgment in this action.

Since Melecio was not acknowledged by his parents voluntarily or by compulsion, the subsequent marriage did not legitimate him. The Court dismissed the complaint without prejudice to Melecio’s right to file a separate action to establish or compel his acknowledgment as a natural child.

Separate Opinion:
Justice Johns dissented, stating that the trial court’s judgment should be affirmed.