PROSPECTIVE AND RETROACTIVE EFFECT OF LAWS

G.R. No. 140500

BERNABE vs. ALEJO

January 21, 2002

Facts:
Fiscal Ernesto Bernabe allegedly fathered a son with his secretary, Carolina Alejo.
The son was born on September 18, 1981and was named Adrian Bernabe. Fiscal Ernesto
Bernabe died as well as his legitimate wife, leaving Ernestina Bernabe the sole surviving
heir.
Carolina, in behalf of her son, filed a complaint praying that Adrian be declared
an acknowledged child of the deceased and also be given the share of Bernabes estate.
Regional Trial Court dismissed the complaint and said that the death of the putative
father had barred the action. Further, under the law, an action for the recognition of an
illegitimate child must be brought within the lifetime of the alleged parent to give the
latter an opportunity to either affirm or deny the childs filiation.
The Court of Appeals ruled that the rights of Adrian are governed under Article
285 of the Civil Code which allows an action for recognition to be filed within 4 years
after the child has attained the age of majority and that subsequent enactment of the
Family Code did not take away his right.
Issue:
Whether or not Adrian Bernabe may be declared an acknowledged illegitimate son.
Ruling:
The Family Code makes no distinction on whether the former was still a minor
when the latter died. Thus, the putative parent is given by the new code a chance to
dispute the claim, considering that illegitimate children are usually begotten and
raised in secrecy and without the legitimate family being aware of their existence.
Furthermore, the grounds or instances for the acknowledgment of natural children are
utilized to establish the filiation of spurious children. Hence, the petition was denied and
assailed decision was affirmed.