Bernabe v. Alejo, 374 SCRA 180

Facts: The late Fiscal Ernesto Bernabe allegedly fathered a son with Carolina Alejo. The son was born on September 18, 1981 and was named Adrian Bernabe. Fiscal Bernabe died on August 13, 1993 leaving Ernestina as the sole surviving heir. Therafter, Carolina in behalf of Adrian filed the aforesaid complaint praying that Adrian be declared as acknowledged illegitimate son of Fiscal Bernabe. The RTC dismissed the complaint ruling that under the provision of the Family Code, the death of the putative father had barred the action. On appeal, the Court of Appeals ruled that in the interest of justice, Adrian should be allowed to prove that he was the illegitimate son of Fiscal Bernabe since the boy was born in 1981; his rights are governed by Article 283 of the Civil Code. Hence, appeal was interposed in the Supreme Court.

ISSUE: Whether or not the Family Code shall have retroactive effect.

HELD: Applying recent jurisprudence, the Supreme Court hold that Article 285 of the Civil Code is a substantive law as it gives Adrian the right to file his petition for recognition within 4 years from attaining majority age. Therefore, the Family Code cannot impair or take Adrian’s right to file an action for recognition because that right had already vested prior to its enactment. The right of children to seek recognition granted by the NCC to illegitimate children who were still minors at the time the FC took effect cannot be impaired. NCC185 allows an illegitimate child to file for recognition within 4 years of attaining age of majority, thus gave child a vested right which the FC cannot impair.