MARISSA BENITEZ-BADUA, petitioner,

vs.
COURT OF APPEALS, VICTORIA BENITEZ LIRIO AND FEODOR BENITEZ
AGUILAR, respondents.
G.R. No. 105625 January 24, 1994
Facts:
The spouses (now deceased) is the owner of the subject property begot no
child, hence, private respondent as the nephews and sister of the deceased as the
only relatives, filed a petition for letters of administration. Petitioner opposed on the
ground that she is the only legitimate child of spouses. However, evidence points
out that she is not the child of the deceased.
Issue:
Whether Articles 164, 166, 170 and 171 of the Family Code is applicable to
the case at bench.
Ruling:
The Supreme Court in said that a careful reading of Articles 164, 166, 170,
and 171 will show that they do not contemplate a situation where a child is alleged
not to be the child of nature or biological child of a certain couple. Rather, these
articles govern a situation where a husband (or his heirs) desire as his own a child of
his wife.
Articles 170 and 171 is applicable when the husband or any of his heirs
should file the action impugning the legitimacy of said child. In this case, it is not
one where the heirs of the late Vicente are contending that petitioner is not his child
by Isabel. Rather, their clear submission is that petitioner was not born to Vicente
and Isabel.