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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