G.R. No. L-4275, 23 March 1909


Casiano Abaya, unmarried, the son of Romualdo Abaya and Sabina Labadia died on the 1899. Paula Conde, as the mother of the natural children Jose and Teopista Conde, whom she states she had by Casiano Abaya moved the settlement of the intestate succession.

An administrator has been appointed for the said estate. However, Roman Abaya brother of Casiano came forward and opposed said appointment and claimed it for himself as being the nearest relative of the deceased. The court declares Roman Abaya to be the sole heir of Casiano Abaya and to be therefore entitled to take possession of all the property of said estate.

Paula Conde filed a petition wherein she stated that she acknowledged the relationship alleged by Roman Abaya but that she considered her right was superior to his and moved for a hearing on the matter. She prayed that she be declared to have preferential rights to the property left by Casiano Abaya.


Whether or not the petitioner may enforce an action in the acknowledgment of the natural child from Casiano Abaya.


The right of action for legitimacy devolving upon the child is of a personal character and generally pertains exclusively to him. Only the child may exercise it at any time during his lifetime. As exception, and in three cases only, it may be transmitted to the heirs of the child, to wit: (a) if he or she died during his or her minority, (b) while insane, or (c) after action had already been instituted.

Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.

Inasmuch as the right of action accruing to the child to claim his or her legitimacy lasts during his or her whole lifetime, he or she may exercise it either against the presumed parents or his or her heirs. The right of action which the law concedes to the natural child is not transmitted to his ascendants or descendants.

* Case digest by Prince Dave C. Santiago, LLB-1, Andres Bonifacio Law School, SY 2017-2018