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ERNESTINA BERNABE, Petitioner Vs.
CAROLINA ALEJO, Respondent G.R. No. 140500 Jan. 21, 2002 Facts: Carolina Alejo, in behalf of her son, filed a complaint praying that Adrian be declared an acknowledged child of the deceased Ernesto Bernabe and also be given the share of latter's estate. RTC dismissed the complaint and that the death of the putative father had barred the action. CA ruled that Adrian be allowed to prove that he was the illegitimate son of Fiscal Bernabe. Petitioner Ernestina averred CA’s ruling to be of error due to RTC’s ruling based on Article 175. Issue: Whether or not Adrian Bernabe may be declared an acknowledged illegitimate son without any written acknowledgment of paternity by Ernesto Bernabe. Ruling: No. Ernesto Bernabe is given by the Family Code the opportunity to affirm or deny the child’s filiation in which he will not be able to do so since he's already dead.
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