No. L-4963 – MARIA USON, plaintiff and appellee, vs. MARIA DEL ROSARIO, CONCEPCION NEBREDA, CONRADO NEBREDA, DOMINADOR NEBREDA, and FAUSTINO NEBREDA, JR., defendants and appellants. 

BAUTISTA ANGELO, J.

Rule Synopsis

The determination of who the heirs should be is based on the law in force at the time of the decedent’s death.

Facts

Faustino Nebrada and Maria Uson were legally married. Nebrada, however, also had a common-law wife Maria del Rosario with whom he had four illegitimate children.

Nebrada died in 1945 during the regime of the Old Civil Code (OCC).

Note that the New Civil Code (NCC) came in force in June 1950. The relevant provisions of law pertain to the successional rights of the illegitimate children. Under the OCC, the illegimate children has no successional rights with respect to the illegitimate parent. Whereas, under the NCC, the right of the illegitimate children to partake in the inheritance of the illegitimate parent was recognized for the first time.

Upon Nebrada’s death, del Rosario took possession and enjoyment of certain parcels of land belonging to the former depriving Uson thereof. Uson filed a complaint to recover said property.

The lower court ruled in favor of Uson and ordered del Rosario to restore possession and enjoyment of said property to Uson. del Rosario appealed.

The SC affirmed the decision of the lower court. Uson had better right over the subject property being the sole heir at the time of Nebrada’s death.

Issues

May the provision of the NCC recognizing for the first time the successional rights of illegitimate children with respect to their illegitimate parent be applied retroactively, where the death of said parent transpired prior to the effectivity of said law?

Ruling and Discussion

No. The provision of the NCC recognizing for the first time the successional rights of illegitimate children with respect to their illegitimate parent may not be applied retroactively, where the death of said parent transpired prior to the effectivity of said law.

At the time of Nebrada’s death, Uson, his lawful wife was his sole heir. The OCC, in force at the time of Nebrada’s does not recognize the successional rights of illegitimate children. Upon Nebrada’s death, the inheritance rights of Uson become vested.

The provisions of the NCC, even those rights which are declared for the first time, e.g. the successional rights of illegitimate children, cannot be made to apply retroactively where such application would impair or prejudice vested rights. Recognizing the successional rights of Nebrada’s illegitimate children with del Rosario will diminish Uson’s share in the inheritance. The same will impair her vested rights thereto. Hence, retroactive application cannot be permitted. Uson’s right of ownership over the land in question become vested in 1945 when Nebrada died.

dispositive

Judgment affirmed.