Maria Uson, plaintiff-appellee, vs Maria Del Rosario, Concepcion Nebreda, Condrado

Nebreda, Dominador Nebreda, and Faustino Nebreda, Jr., defendants-appelants

GR No. L-4963
29 January 1953
Bautista, Angelo J.
Nature of the Action: Appeal from a judgment of the Court of First Instance of Pangasinan.
Facts:
1. Maria Uson was the lawful wife of the deceased Faustino Nebreda who upon his death left lands
to no other heir other than his widow Uson.
2. Uson claims that when Faustino died his common law wife del Rosario with whom he had 4
illegitimate children took possession illegally of said lands
3. Del Rosario argued that Faustino and Uson executed a public document where they agreed to
separate and in consideration of their separation Uson was given a parcel of land as a way of
alimony and in return renounced her inheritance to the lands that may be left by Faustino upon
his death.
4. Del Rosario also contends under the new civil code (Art. 2253) which became in force in 1950,
illegitimate children are given the status and rights of natural children and are entitled to the
successional rights and because this successional right are declared for the first time in the new
code, they shall be given retroactive effect.
5. Faustino died in 1945 much prior to the effectivity of the new civil code.
Issue: Whether or not Article 2253 can be given retroactive effect
Held:
The Supreme Court held that Article 2253 provides indeed that rights which are declared for the first
time shall have retroactive effect even though the event which give rise to them may have occurred
under the former legislation, but this is only when the new rights do not prejudice any vested or
acquired right of the same origin. When Faustino died in 1945, the parcels of land was passed from
the moment of his death to his only heir, his widow Maria Uson. (Article 657, Old Civil Code). The
new right recognized by the new Civil Code in favor of the illegitimate children of the deceased
cannot, therefore, be asserted to the impairment of the vested right of Maria Uson over the lands in
dispute.