GR 47820; (November, 1942) (Digest)
G.R. No. 47820 ; November 28, 1942
FORTUNATO E. JAYME, petitioner-appellant, vs. GENOVEVA GAMBOA ET AL., oppositors-appellants.
FACTS
Fortunato E. Jayme claimed the right to inherit from the deceased Antonio Jayme as his legally acknowledged natural son. He was born on April 17, 1883, to Antonio Jayme and Efigenia Enriquez. His baptismal record listed him as a natural child of an unknown father. Antonio Jayme married Genoveva Gamboa on January 16, 1884. Antonio Jayme consistently treated Fortunato as his son, providing support, arranging for his education and lodging, and maintaining a paternal relationship, which was also recognized by Antonio’s legitimate children. Antonio Jayme died on October 19, 1937. The trial court initially declared Fortunato an acknowledged natural son entitled to inherit but later modified its order, holding that while he was a legally acknowledged natural son, he could not enforce his inheritance rights. Both parties appealed.
ISSUE
1. Whether Fortunato E. Jayme is a natural son of Antonio Jayme.
2. Whether Fortunato E. Jayme acquired the status of an acknowledged natural child under the laws in force prior to the Civil Code (Laws of Toro).
3. Whether Fortunato E. Jayme is entitled to inherit from Antonio Jayme under the Civil Code, which took effect on December 8, 1889.
RULING
1. Yes, Fortunato E. Jayme is a natural son of Antonio Jayme. Under Law 11 of the Laws of Toro, a natural child is one whose parents could have legally married at the time of conception or birth. The Court presumed Antonio Jayme was unmarried and had no legal impediment (like close consanguinity) to marry Efigenia Enriquez in 1883, as he lawfully married Genoveva Gamboa in 1884 and there was no evidence of a prior marriage or incest. Fortunato’s uncontradicted testimony that his mother never married further supported this.
2. Yes, Fortunato E. Jayme acquired the status of an acknowledged natural child under the Laws of Toro prior to December 8, 1889. Under the Laws of Toro, tacit acknowledgment by the father was sufficient, requiring no specific form. Antonio Jayme’s acts—commissioning the baptism, frequent visits, financial support, and paternal care—constituted tacit acknowledgment before the Civil Code took effect. These acts created a vested right to the status of an acknowledged natural child, which was not extinguished by the subsequent enactment of the Civil Code.
3. Yes, Fortunato E. Jayme is entitled to inherit from Antonio Jayme. The inheritance is governed by the Civil Code, as Antonio Jayme died after its effectivity. Rule 12 of the Transitory Provisions of the Civil Code applies, mandating that the inheritance of those dying after the Code’s effectivity be allotted according to its provisions. As an acknowledged natural child, Fortunato is entitled to participate in the inheritance under Article 840 of the Civil Code, as modified by relevant jurisprudence.
The order appealed from was affirmed insofar as it declared Fortunato an acknowledged natural son but reversed insofar as it denied his right to inherit. The oppositors were ordered to pay costs.