Mijares v. Nery
REITERATIONFacts
The Antecedents: Don Mariano Mijares died intestate in 1899, leaving an estate valued at 80,000 pesos. He had no legitimate heirs. He had a recognized natural daughter, the plaintiff Consolacion Mijares, born in 1862. He also had five other daughters with his niece, Delfina Nery, born between 1862 and 1889. These five daughters were acknowledged by Don Mariano Mijares as his own. A pontifical bull in 1878 authorized the marriage of Don Mariano Mijares and Delfina Nery. Procedural History: The plaintiff, Consolacion Mijares, filed suit to be declared the sole universal heir ab intestate, asserting her status as the sole recognized natural daughter and claiming the defendants (daughters of Delfina Nery) were illegitimate and lacked the status of natural children under the Law of Toro. The defendants argued that under the Civil Code, which became operative in 1889, they acquired the status of natural children due to acknowledgment and a will/codicil instituting them as heirs. The Petition: The plaintiff sought to be declared the sole universal heir ab intestate and to recover possession of the hereditary property held by the defendants.
Issue(s)
Whether the defendants, born of parents who were disqualified to marry at the time of their conception and birth, can be considered acknowledged natural children under the Civil Code. Whether the Civil Code, particularly its transitory provisions, applies retroactively to determine the successory rights of the parties. Whether the plaintiff is the sole universal heir ab intestate to the estate of Don Mariano Mijares.
Ruling
The Supreme Court affirmed the decision of the lower court, holding that the defendants are acknowledged natural children with equal successory rights to the plaintiff. The plaintiff is not the sole universal heir. The costs were taxed against the appellant.
Ratio Decidendi
On whether the defendants can be considered acknowledged natural children: The Court held that under Article 119 of the Civil Code, natural children are those born out of wedlock of parents who, at the time of conception, could have married with or without dispensation. The Civil Code modified the Law of Toro by confining the period of qualification to marry to the time of conception. In this case, a pontifical bull authorized the marriage of Don Mariano Mijares and Delfina Nery, thus removing the impediment at the time of conception. Therefore, the defendants, having been acknowledged by their father, acquired the status of natural children under the Civil Code. The Court emphasized that the legal relations and rights originating from the birth and acknowledgment of the defendants, which occurred under the old law, are to be determined by the Civil Code by virtue of Rule 1, paragraph 2 of its transitory provisions. On the retroactive application of the Civil Code: The Court ruled that the Civil Code applies retroactively to determine the successory rights of the parties. Hereditary rights do not vest until the death of the decedent. Don Mariano Mijares died in 1899, after the Civil Code became operative in the Philippine Islands in 1889. Therefore, the provisions of the Civil Code govern the succession to his estate, as prescribed by Rule 12 of the transitory provisions. The Court cited jurisprudence from the Supreme Court of Spain confirming that succession opens on the day of death, and if this date is subsequent to the Civil Code's publication, the Code is applicable. On whether the plaintiff is the sole universal heir: The Court concluded that the five defendants have equal rights to the succession of their father as acknowledged natural daughters, just like the plaintiff. Since their successory rights vested in 1899, under the Civil Code, and the Civil Code grants them status as natural children, it is neither just nor proper to declare the plaintiff the sole universal heir. The Court noted that the plaintiff's right to inherit was a mere expectancy until her father's death, and under the old law, natural children had no right to a legal portion, a right that the Civil Code subsequently granted.
Main Doctrine
The Civil Code, particularly Article 119 and its transitory provisions, retroactively applies to determine the status of natural children and their successory rights, even if born under the old law, provided that the right to inherit had not yet vested prior to the Code's effectivity. Hereditary rights vest only upon the death of the decedent.