Scribd Logo
Upload

Welcome to Scribd!

  • 162 views

    Gaspay Vs CA

    Uploaded by

    abby
    Guadalupe Gaspay Alfaro filed a petition claiming to be the acknowledged illegitimate daughter of Flaviano Gaspay, who died without a will. She sought to administer his estate. Flaviano Gaspay Jr. and Eriberta Salvatieva Gaspay opposed the petition, alleging Guadalupe provided no proof of her illegitimate status or recognition. The trial court denied the motion to dismiss. The Court of Appeals then reversed, finding ample evidence that Guadalupe was illegitimately fathered and recognized by Flaviano. The Supreme Court ruled that Guadalupe could bring her claim as an acknowledged illegitimate daughter after Flaviano's death, according to Section 6 of Rule 78.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Gaspay Vs CA

    Uploaded by

    abby
    162 views1 page
    Guadalupe Gaspay Alfaro filed a petition claiming to be the acknowledged illegitimate daughter of Flaviano Gaspay, who died without a will. She sought to administer his estate. Flaviano Gaspay Jr. and Eriberta Salvatieva Gaspay opposed the petition, alleging Guadalupe provided no proof of her illegitimate status or recognition. The trial court denied the motion to dismiss. The Court of Appeals then reversed, finding ample evidence that Guadalupe was illegitimately fathered and recognized by Flaviano. The Supreme Court ruled that Guadalupe could bring her claim as an acknowledged illegitimate daughter after Flaviano's death, according to Section 6 of Rule 78.

    Original Description:

    Gaspay vs CA

    Original Title

    Gaspay vs CA

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Guadalupe Gaspay Alfaro filed a petition claiming to be the acknowledged illegitimate daughter of Flaviano Gaspay, who died without a will. She sought to administer his estate. Flaviano Gaspay Jr. and Eriberta Salvatieva Gaspay opposed the petition, alleging Guadalupe provided no proof of her illegitimate status or recognition. The trial court denied the motion to dismiss. The Court of Appeals then reversed, finding ample evidence that Guadalupe was illegitimately fathered and recognized by Flaviano. The Supreme Court ruled that Guadalupe could bring her claim as an acknowledged illegitimate daughter after Flaviano's death, according to Section 6 of Rule 78.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    162 views1 page

    Gaspay Vs CA

    Uploaded by

    abby
    Guadalupe Gaspay Alfaro filed a petition claiming to be the acknowledged illegitimate daughter of Flaviano Gaspay, who died without a will. She sought to administer his estate. Flaviano Gaspay Jr. and Eriberta Salvatieva Gaspay opposed the petition, alleging Guadalupe provided no proof of her illegitimate status or recognition. The trial court denied the motion to dismiss. The Court of Appeals then reversed, finding ample evidence that Guadalupe was illegitimately fathered and recognized by Flaviano. The Supreme Court ruled that Guadalupe could bring her claim as an acknowledged illegitimate daughter after Flaviano's death, according to Section 6 of Rule 78.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Facts:

    Flaviano Gaspay died without a last will and testament. Private


    respondent Guadalupe Gaspay Alfaro files a petition that she is the
    acknowledged illegitimate daughter of the deceased Flaviano Gaspay,
    who died without a will and left certain real and personal properties.
    She identified her mother as Claudia Pason with whom decedent
    allegedly had an illicit relationship. She prayed for issuance of letters
    of administration of the decedent's estate. Petitioners Flaviano S.
    Gaspay, Jr., and Eriberta Salvatieva Gaspay opposed the petition with
    motion to dismiss. Flaviano, Jr., is an adopted son of the decedent
    while Eriberta is also not a next of kin. They alleged that private
    respondent is a stranger and even assuming her illegitimate status,
    there is no proof of her recognition or acknowledgment.

    The motion to dismiss was denied. The trial court 2 ruled it was not
    based on indubitable grounds

    Private respondents appealed to the respondent Court of Appeals.


    The respondent court reversed the trial court. the evidence is ample to
    prove the filiation and recognition of private respondent as an
    illegitimate child of the decedent; (2) the evidence is also sufficient to
    show that private respondent consented to her recognition by the
    decedent; and (3) actions based on voluntary recognition can be
    instituted after the death of the putative father. private respondent filed
    the instant petition for certiorari

    Issue: Whether or not Guadalupe Gaspay Alfaro is an illegitimate


    child by the decedent through voluntary recognition?

    Ruling:

    YES. The death of Flaviano Gaspay, Sr., does not constitute a time
    bar to private respondent's claim as his acknowledged illegitimate
    daughter. Settled is the rule that "actions based on voluntary
    acknowledgment may be brought even after the father's death.

    Section 6 of Rule 78 is in her favor, thus:


    Sec. 6. When and to whom letters of administration granted. — If no
    executor is named in the will, or the executor or executors are
    incompetent, refused the trust, or fail to give bond, or a person
    dies intestate, administration shall be granted:

    You might also like