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Facts:: Evidence Presented Respondents Petitioners

Violeta Cabatbat Lim claimed to be the daughter of Esperanza Cabatbat in a case regarding the partition of Esperanza's estate, including a business partnership. Esperanza's sisters and nephews filed the case, alleging that Violeta was not Esperanza's child but was merely a ward. The lower court found that Violeta was not Esperanza's daughter. On appeal, the Supreme Court upheld this, finding that Violeta presented no evidence she was Esperanza's legally adopted, acknowledged natural, or legally fictional child, and thus was not a legal heir.

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Paolo Ollero
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67 views

Facts:: Evidence Presented Respondents Petitioners

Violeta Cabatbat Lim claimed to be the daughter of Esperanza Cabatbat in a case regarding the partition of Esperanza's estate, including a business partnership. Esperanza's sisters and nephews filed the case, alleging that Violeta was not Esperanza's child but was merely a ward. The lower court found that Violeta was not Esperanza's daughter. On appeal, the Supreme Court upheld this, finding that Violeta presented no evidence she was Esperanza's legally adopted, acknowledged natural, or legally fictional child, and thus was not a legal heir.

Uploaded by

Paolo Ollero
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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VIOLETA CABATBAT LIM v.

IAC, CONSORCIA FRIANEZA ET AL,


G.R. No. L-69679, October 18, 1988
First Division, Grino-Aquino, J.

Facts:

Consorcia Frianeza Golea, Maria Frianeza Vergara, Benedicta Frianeza


Mayugba, Bonifacia Frianeza, and heirs of Domingo Frianeza filed a complaint
praying for the partition of the estate of Esperenza Cabatbat. Included in her
estate was the business partnership (Calasiao Bijon Factory) now in the
possession of Violeta Cabatbat Lim who claims to be the child of spouses
Esperanza and Proceso Cabatbat. Esperanza was survived by her husband, her
sisters, and the children of her deceased brothers Daniel and Domingo. In the
complaint, it was alleged that Violeta is not a child of Esperanza, but was only a
ward.

EVIDENCE PRESENTED
RESPONDENTS PETITIONERS
1. Absence of any record that Esperanza 1. Birth record
was admitted in the hospital where 2. Testimony of Proceso Cabatbat
Violeta was born 3. Testimony of Benita Lastimosa
2. Absence of birth certificates 4. Marriage contract of Violeta and Lim
3. Certificate from Civil Registry that no 5. Deed of sale where Esperanza was
birth certificate of Violeta described as “mother”
4. School documents that Esperanza was 6. Deed of sale where Proceso was
listed as a guardian described as “father”
5. Testimony of Amparo Reside

The lower court pronounced that Violeta is not the daughter of Esperanza.
Petitioners appealed to the IAC which was denied. Petitioners elevated the case
to the SC.

Issue:

Whether Violeta is the natural child of Esperenza.

Held:

Petitioners' recourse to Article 263 of the New Civil Code is not well-taken. This
legal provision refers to an action to impugn legitimacy. It is inapplicable to this
case because this is not an action to impugn the legitimacy of a child, but an
action of the private respondents to claim their inheritance as legal heirs of their
childless deceased aunt. They do not claim that petitioner Violeta Cabatbat Lim
is an illegitimate child of the deceased, but that she is not the decedent's child
at all. Being neither a legally adopted child, nor an acknowledged natural child,
nor a child by legal fiction of Esperanza Cabatbat, Violeta is not a legal heir of
the deceased.

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