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QUERY: I am one of the two illegitimate children of Robert Bald. My
father was married to a woman named Cynthia but they had no child.
My father died intestate, leaving behind two real properties in
Cynthia’s possession. I gathered that she is planning to dispose
of said properties, which propels me to file a petition for the
issuance of letters of administration—to be able to administer the
estate left behind by my father. Cynthia claims that I have no right
over the properties, because I have not been recognized as the
latter’s child.
Do I have to be recognized first before I can
file letters of administration over the estate left behind by my
father who had stayed with me a couple of years before he died? How
is recognition effected? What I fear is that the properties may be
disposed of soon. Adelaida B.
Response: The term “recognition” refers to
an acknowledgment by a parent that a child is his or hers. It is
either voluntary or judicial. Voluntary recognition must be
expressed such as that in a record of birth appearing in the civil
register, a final judgment, a public instrument or private
handwritten instrument signed by the parent concerned. The voluntary
recognition of an illegitimate child by his or her parent needs no
further court action and is, therefore, not subject to the
limitation that the action for recognition be brought during the
lifetime of the putative parent. On the other hand, judicial or
compulsory recognition may be demanded by an illegitimate child of
his parents. Hence, it must be brought during the lifetime of the
presumed parents.
You stated that Cynthia is up to dispose the
properties left behind by your father. To prevent such move, perhaps
it is more practical for you to pursue your plan to file a petition
for the issuance of letters of administration. Rule 79 of the Rules
of Court provides that a petition for the issuance of letters of
administration may be filed by an interested person. The phrase
“interested person” had been defined by the Supreme Court in
Saguinsin vs. Lindayag as one who would be benefited by the estate,
such as an heir, or one who has a claim against the estate, such as
a creditor. Your status as a recognized or unrecognized child can be
tackled during the aforementioned judicial proceedings. This is in
accord with the High Tribunal’s ruling in Uyguangco vs. Court of
Appeals which was reiterated in Victoria C. Tayag vs. Felicidad A.
Tayag-Gallor (G.R. No. 134680, prom. March 24, 2008).
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I wish to greet my oldest son Vincent Peter
Ramon III on his 42nd birthday today. He is a senior executive of
the Lopez enterprises. Possessed with the Mabutas attributes of Five
H’s (honesty, hard-work or industry, humility, humanity-conscious
and heavenly-centered), Vincent has a very bright future. May he
have more years to come!
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Above all things, let us reflect on what our
Lord and Master Jesus Christ said: “When you pray, go to your
inner room, close the door, and pray to your Father in secret. And
your Father who sees you in secret will repay you.” (Matthew, 6:6)
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