G.R. No. L-5824 May 31, 1954
Intestate estate of deceased NATIVIDAD PAREJA, PAZ PAREJA, petitioner-appellee, vs. JULIO PAREJA, REGINA PAREJA, and JOSE PAREJA oppositors-appellees, SOLEDAD PAREJA MARCIAL, oppositor-appellant.

FACTS

Natividad Pareja died on April 6, 1943. He lived with Eulogia Fernandez without marriage, and from this union, Julio, Regina, Paz, and Jose Pareja were born. Soledad Pareja Marcial was recognized by Natividad as his natural child pursuant to a court judgment finding him guilty of seducing Timotea Patria, which resulted in Soledad’s birth. In the intestate proceedings, Paz Pareja and the others claimed to be acknowledged natural children of Natividad. Soledad opposed this claim. The trial court declared all parties, including Soledad and the appellees (Julio, Regina, Paz, and Jose), as acknowledged natural children and heirs. Soledad appealed. The appellees presented as evidence of acknowledgment: birth and baptismal certificates (Exhibits B, C, D, E) stating the children were “legitimate” with Natividad as father (except Exhibit E which stated “father unknown”), and an “Information for Membership Insurance” (Exhibit A) filed by Natividad with the GSIS designating the appellees as his children. No action for recognition was instituted against Natividad during his lifetime.

ISSUE

Whether the appellees (Julio, Regina, Paz, and Jose Pareja) are duly acknowledged natural children of the deceased Natividad Pareja based on the documents presented.

RULING

No. The order of the trial court is reversed. The documents presented do not constitute a valid acknowledgment under Article 131 of the Spanish Civil Code. The birth and baptismal certificates (Exhibits B, C, D, E) are not the “public documents” required by Article 131, as they lack the precision and solemnity mandated by law; they are merely copies of official or parochial records, not public documents authenticated by a notary. Exhibit A, the GSIS information form, while an authentic official document containing an express statement of paternity, was not executed with the formalities (e.g., before a notary) required for a public document of recognition under Article 131. However, Exhibit A qualifies as an “indubitable writing” under Article 135, paragraph 1, of the Spanish Civil Code, in which the father expressly acknowledges his paternity. Consequently, the appellees are granted the right to secure a declaration as recognized natural children under Article 137, paragraph 2, provided they commence the action within thirty days from the finality of this decision and can prove they discovered this document within six months prior to initiating such action (as it was secured from GSIS on December 2, 1949, and they may not have been aware of it earlier).