Belen, B.

| I2023

CALIMAG v. HEIRS OF MACAPAZ

Facts:
● Virginia and Silvestra were coowners of a certain property
● After Silvestra died, Virginia caused the issuance of a new TCT in her name, claiming that
Silvestra sold her share of the property to Virginia.
○ She presented a deed of sale to prove this fact. [Note: Deed of sale was executed after
death]
○ Hence a TCT was issued in her favor.
● Later, an action for the annulment of the deed of sale and cancellation of TCT was filed by the
heirs of Silvestra, who are nephews/nieces from her brother Anastacio.

● Virginia questioned the legal capacity of the purported heirs on the ground that:
○ they are not legitimate children of Silvestra’s brother.
○ According to Virginia, the brother was not validly married.
○ As such, they have no right over Silvestra's estate pursuant to Article 992 of the Civil
Code which prohibits illegitimate children from inheriting intestate from the relatives of
their parents.

● RTC ruled in favor of the heirs and this was affirmed by the CA
● Thus, this petition.

Issues + Held:
1. W/N the heirs are legitimate children, therefore entitled to inherit from their aunt Silvestra --- YES
 Heirs were able to prove the fact of marriage of their parents, therefore their legitimacy and
right to inherit, through their Birth Certificate

 While fax and photocopy of the marriage contract cannot be used as legal basis to establish the
fact of marriage of their parents pursuant to best evidence rule, other proofs can be offered to
establish the fact of a solemnized marriage.
o Hence, even a person's birth certificate may be recognized as competent evidence of
the marriage between his parents.
o Being public documents, the respondents' certificates of live birth are presumed valid,
and are prima facie evidence of the truth of the facts stated in them.

 Here, their birth certificates stated that their parents were married.
 The birth certificates also intimate that their parents had openly cohabited as husband and wife
for a number of years, as a result of which they had two children.
o Persons dwelling together in apparent matrimony are presumed to be in fact married,
absent evidence to the contrary.

1
 Belen, B. | I2023

 Even if the father did not sign the birth certificate, the declaration of either parent of the new-
born legitimate child shall be sufficient for the registration of his birth in the civil register.

Ruling: Petition is dismissed.

Dispositive Portion: WHEREFORE, premises considered, the petition is hereby DENIED. The Decision
dated October 20, 2009 and Resolution dated April 5, 2010 of the Court of Appeals in CA-G.R. CV No.
90907 are AFFIRMED. SO ORDERED.

Notes: This case talks more on how to establish legitimacy, it makes no direct discussion on legitimes.