Case Digest Aguilar v Siasat

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Case Digest Aguilar v Siasat
  Case Digest 4 Aguilar v Siasat Facts: Spouses Alfredo Aguilar and Candelaria Siasat-Aguilar (the Aguilar spouses) died, intestate and without debts, Included in their estate are two parcels of land In June !! , petitioner #odolfo S$ Aguilar filed with the #%C of &acolod Cit' (&acolod #%C) a civil case for andator' inunction with daages against respondent *dna +$ Siasat alleged that petitioner is the onl' son and sole surviving heir of the Aguilar spouses that he (petitioner) discovered that the subect titles were issing, and thus he suspected that soeone fro the Siasat clan could have stolen the sae$In her Answer,   respondent claied that petitioner is not the son and sole surviving heir of the Aguilar spouses, but a ere stranger who was raised b' the Aguilar spouses out of generosit' and .indness of heart that petitioner is not a natural or adopted child of the Aguilar spouses that since Alfredo Aguilar predeceased his wife, Candelaria Siasat-Aguilar, the latter inherited the conugal share of the forer that upon the death of Candelaria Siasat-Aguilar, her brothers and sisters inherited her estate as she had no issue and that the subect titles were not stolen, but entrusted to her for safe.eeping b' Candelaria Siasat-Aguilar, who is her aunt$ &' wa' of counterclai, respondent pra'ed for an award of oral and e/eplar' daages, and attorne'0s fees$ Issue: Whether the petitioner can not prove fliation to the Spouse Aguilar who is the owner o the land due to the lost o his Certificate of 1ive &irth and Alfredo  Aguilar0s SSS 2or *-is a ere proof of open and continuous possession$  Ruling:No. it ust be concluded that petitioner 3 who was born on arch 5, !45, or during the arriage of Alfredo Aguilar and Candelaria Siasat-Aguilar  6  and before their respective deaths 6!  3 has sufficientl' proved that he is the legitiate issue of the Aguilar spouses$ As petitioner correctl' argues,  Alfredo Aguilar0s SSS 2or *- (*/hibit 7+7) satisfies the re8uireent for proof of filiation and relationship to the Aguilar spouses under Article 96 of the 2ail' Code b' itself, said docuent constitutes an 7adission of legitiate filiation in a public docuent or a private handwritten instruent and signed b' the parent concerned$7:etitioner has shown that he cannot produce his Certificate of 1ive &irth since all the records covering the period !45-!4 of the 1ocal Civil #egistr' of &acolod Cit' were destro'ed, which necessitated the introduction of other docuentar' evidence 3 particularl' Alfredo Aguilar0s SSS 2or *- (*/hibit 7+7) 3 to prove filiation$ It was erroneous for the CA to treat said docuent as ere proof of open and continuous possession of the status of a legitiate child under the second paragraph of Article 96 of the 2ail' Code it is evidence of filiation under the first paragraph thereof, the sae being an e/press recognition in a public instruent$
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