Sunday, April 14, 2019

Guy v CA

G.R. No. 163707. September 15, 2006

Facts:
Karen Oanes Wei, a minor by and through her mother Remedios Oanes, filed a petition for letters of administration before the RTC of Makati. Respondents alleged that they are duly acknowledged illegitimate children of Sima Wei, who died intestate in Makati on October 29, 1992, leaving an estate of P10,000,000.00 consisting of real and personal properties. His known heirs are his surviving spouse Shirley Guy and children, Emy, Jeanne, Cristina, George and Michael, all surnamed Guy. Respondents are a asking for an appointment of a regular administrator for the orderly settlement of Sima Wei’s estate. They also want to appoint Michael C. Guy as Special Administrator of the Estate. Petitioner is praying for the dismissal of the petition for the reason that his deceased father left no debts and that his estate can be settled without securing letters of administration. He argued that private respondents should have established their status as illegitimate children during the lifetime of Sima Wei.

Issues:
1. WoN private respondent’s petition should be dismissed for failure to comply with rules on non-forum shopping?
2. WoN the Release and Waiver of Claim precludes private respondents from claiming their Successional Rights?
3. WoN private respondents are barred by prescription from proving filiation?

Held:
1. Yes, the petition lacks merit. The law provides that certification of non-forum should be executed by the plaintiff or the principal party. Failure to comply means cause for a dismissal of the case. Merits of the case and the absence of an intention to violate rule with impunity should be considered to temper the strict application of the rules.
2. Private respondents cannot be bar from claiming successional rights. To be valid and effective, waiver must be couched clearly and in unequivocal terms to leave no doubt with regards to the intention of a party in giving up a right or benefit legally pertains to. Waiver cannot be attributed to a person if it not explicitly and clearly evinces intent to abandon a right. This case has no waiver of hereditary rights.
3. Private respondents must not be barred from proving filiation because the law provides that filiation of an illegitimate child is established by a record of birth appearing in the civil register or a final judgment, or an admission by means of a public document or a private handwritten instrument. Action for recognition may be brought by the child during his/her lifetime. However, action must be based upon open and continuous possession of the status of an illegitimate child.

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