G.R. No. L-2712; October 25, 1950
SATURNINO ESCOVAL, ET AL., plaintiffs-appellees, vs. LORENZO ESCOVAL, ET AL., defendants-appellants.

FACTS

Faustino Escoval died unmarried, leaving a parcel of land. His siblings (defendants) executed an extrajudicial partition and sold the land. It was later discovered that Faustino had three minor children (plaintiffs) with Purificacion Arcilla, both unmarried. The children were in continuous possession of the status of natural children, supported and cared for by Faustino. The birth certificate of one child, Luz Escoval, contained Faustino’s authentic signature expressly recognizing his paternity. The plaintiffs, still minors, filed an action to compel recognition as natural children and to recover the property.

ISSUE

Whether the plaintiffs may be declared acknowledged natural children of the deceased Faustino Escoval and whether the defendants may be compelled to make such acknowledgment.

RULING

Yes. Under Article 135 of the Civil Code, acknowledgment may be compelled when there is an indubitable writing of the father expressly recognizing paternity, or when the child is in uninterrupted possession of the status of a natural child justified by the father’s conduct. Here, both grounds exist: Faustino’s signed birth certificate of Luz Escoval is an indubitable writing, and his conduct of supporting, caring for, and living with the children constitutes uninterrupted possession of the status. Under Article 137, the action survives the father’s death if the children are still minors. Furthermore, the action for acknowledgment and the action to recover inheritance may be joined in one complaint. Consequently, the extrajudicial partition and subsequent sales by the defendants are null and void. The minor plaintiffs are declared the rightful owners of the property to the exclusion of the defendants. The decision of the lower court is affirmed.

AI Generated by Armztrong.