VOL.

502, 151
SEPTEMBER 15, 2006
Guy vs. Court of Appeals
G.R. No. 163707. September 15, 2006. *

MICHAEL C. GUY, petitioner, vs. HON. COURT OF APPEALS, HON. SIXTO MARELLA,

JR., Presiding Judge, RTC, Branch 138, Makati City and minors, KAREN DANES WEI and
KAMILLE DANES WEI, represented by their mother, REMEDIOS OANES, respondents.
Actions; Pleadings and Practice; Forum Shopping; The certification of non-forum shopping should
be executed by the plaintiff or the principal party.—Rule 7, Section 5 of the Rules of Court provides that
the certification of non-forum shopping should be executed by the plaintiff or the principal party. Failure
to comply with the requirement shall be cause for dismissal of the case. However, a liberal application of
the rules is proper where the higher interest of justice would be served. In Sy Chin v. Court of Appeals,
345 SCRA 673 (2000), we ruled that while a petition may have been flawed where the certificate of non-
forum shopping was signed only by counsel and not by the party, this procedural lapse may be
overlooked in the interest of substantial justice. So it is in the present controversy where the merits of the
case and the absence of an intention to violate the rules with impunity should be considered as compelling
reasons to temper the strict application of the rules.
Same; Succession; Waivers; A waiver may not be attributed to a person when its terms do not
explicitly and clearly evince an intent to abandon a right.—As regards Remedios’ Release and Waiver of
Claim, the same does not bar private respondents from claiming successional rights. To be valid and
effective, a waiver must be couched in clear and unequivocal terms which leave no doubt as to the
intention of a party to give up a right or benefit which legally pertains to him. A waiver may not be
attributed to a person when its terms do not explicitly and clearly evince an intent to abandon a right. In
this case, we find that there was no waiver of hereditary rights. The Release and Waiver of Claim does
not state with clarity the purpose of its execution. It merely states that Remedios received P300,000.00
and an educational plan for her minor daughters “by way of financial assistance and in full settlement of
any and all
_______________

*
 FIRST DIVISION.

152

15 SUPREME
2 COURT REPORTS
ANNOTATED
Guy vs. Court of
Appeals
claims of whatsoever nature and kind x x x against the estate of the late Rufino Guy Susim.”
Considering that the document did not specifically mention private respondents’ hereditary share in the
estate of Sima Wei, it cannot be construed as a waiver of successional rights.
Same; Same; Same; Parent and Child; Parents and guardians may not repudiate the inheritance of
their wards without judicial approval.—Even assuming that Remedios truly waived the hereditary rights
of private respondents, such waiver will not bar the latter’s claim. Article 1044 of the Civil Code,
provides: ART. 1044. Any person having the free disposal of his property may accept or repudiate an
inheritance. Any inheritance left to minors or incapacitated persons may be accepted by their parents or
guardians. Parents or guardians may repudiate the inheritance left to their wards only by judicial
authorization. The right to accept an inheritance left to the poor shall belong to the persons designated by
the testator to determine the beneficiaries and distribute the property, or in their default, to those
mentioned in Article 1030. (Emphasis supplied) Parents and guardians may not therefore repudiate the
inheritance of their wards without judicial approval. This is because repudiation amounts to an alienation
of property which must pass the court’s scrutiny in order to protect the interest of the ward. Not having
been judicially authorized, the Release and Waiver of Claim in the instant case is void and will not bar
private respondents from asserting their rights as heirs of the deceased.
Same; Same; Same; Illegitimate Children; Where one lacks knowledge of a right, there is no basis
upon which waiver of it can rest—ignorance of a material fact negates waiver, and waiver cannot be
established by a consent given under a mistake or misapprehension of fact; One who is yet to prove his
status as acknowledged illegitimate child of the deceased cannot possibly waive his successional right.—
It must be emphasized that waiver is the intentional relinquishment of a known right. Where one lacks
knowledge of a right, there is no basis upon which waiver of it can rest. Ignorance of a material fact
negates waiver, and waiver cannot be established by a consent given under a mistake or misapprehension
of fact. In the present case, private respondents could not have possibly waived their successional rights
because they are yet to prove their status as
153

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SEPTEMBER 15,
2006
Guy vs. Court of
Appeals
acknowledged illegitimate children of the deceased. Petitioner himself has consistently denied that
private respondents are his coheirs. It would thus be inconsistent to rule that they waived their hereditary
rights when petitioner claims that they do not have such right. Hence, petitioner’s invocation of waiver on
the part of private respondents must fail.
Same; Same; Same; Same; Family Code; Illegitimate children who were still minors at the time
the Family Code took effect and whose putative parent died during their minority are given the right to
seek recognition for a period of up to four years from attaining majority age.—We ruled in Bernabe v.
Alejo, 374 SCRA 180 (2002), that illegitimate children who were still minors at the time the Family Code
took effect and whose putative parent died during their minority are given the right to seek recognition for
a period of up to four years from attaining majority age. This vested right was not impaired or taken away
by the passage of the Family Code.
Same; Same; Settlement of Estates; Probate Courts; Pleadings and Practice; The court before
which a petition for letters of administration is not precluded from receiving evidence on a person’s
filiation—its jurisdiction extends to matters incidental and collateral to the exercise of its recognized
powers in handling the settlement of the estate, including the determination of the status of each heir;
Two causes of action, one to compel recognition and the other to claim inheritance, may be joined in one
complaint.—While the original action filed by private respondents was a petition for letters of
administration, the trial court is not precluded from receiving evidence on private respondents’ filiation.
Its jurisdiction extends to matters incidental and collateral to the exercise of its recognized powers in
handling the settlement of the estate, including the determination of the status of each heir. That the two
causes of action, one to compel recognition and the other to claim inheritance, may be joined in one
complaint is not new in our jurisprudence.
PETITION for review on certiorari of the decision and resolution of the Court of Appeals.
The facts are stated in the opinion of the Court.
     Oliviano D. Regalado for petitioner.
 154
15 SUPREME COURT
4 REPORTS
ANNOTATED
Guy vs. Court of Appeals
     Ericson T. Velasquez for private respondents.

YNARES-SANTIAGO, J.:

This petition for review on certiorari assails the January 22, 2004 Decision  of the Court of 1

Appeals in CA-G.R. SP No. 79742, which affirmed the Orders dated July 21, 2000  and July 17, 2

2003  of the Regional Trial Court of Makati City, Branch 138 in SP Proc. Case No. 4549 denying
3

petitioner’s motion to dismiss; and its May 25, 2004 Resolution  denying petitioner’s motion for
4

reconsideration.
The facts are as follows:
On June 13, 1997, private respondent-minors Karen Oanes Wei and Kamille Oanes Wei,
represented by their mother Remedios Oanes (Remedios), filed a petition for letters of
administration  before the Regional Trial Court of Makati City, Branch 138. The case was
5

docketed as Sp. Proc. No. 4549 and entitled Intestate Estate of Sima Wei (a.k.a. Rufino Guy
Susim).
Private respondents alleged that they are the duly acknowledged illegitimate children of Sima
Wei, who died intestate in Makati City on October 29, 1992, leaving an estate valued at
P10,000,000.00 consisting of real and personal properties. His known heirs are his surviving
spouse Shirley Guy and children, Emy, Jeanne, Cristina, George and Michael, all surnamed Guy.
Private respondents prayed for the appointment of a regular administrator for the orderly
settlement of Sima Wei’s estate. They likewise prayed that, in the meantime, petitioner Michael
C. Guy, son of the decedent,
_______________

 Rollo, pp. 19-26. Penned by Associate Justice Martin S. Villarama, Jr. and concurred in by Associate Justices Mario
1

L. Guariña III and Jose C. Reyes, Jr.

 Id., at pp. 48-49. Penned by Judge Sixto Marella, Jr.
2

 Id., at p. 53.
3

 Id., at p. 28.
4

 Id., at pp. 29-31.

5

155
VOL. 502, 155
SEPTEMBER 15, 2006
Guy vs. Court of Appeals
be appointed as Special Administrator of the estate. Attached to private respondents’ petition was
a Certification Against Forum Shopping  signed by their counsel, Atty. Sedfrey A. Ordoñez.
6

In his Comment/Opposition,  petitioner prayed for the dismissal of the petition. He asserted
7

that his deceased father left no debts and that his estate can be settled without securing letters of
administration pursuant to Section 1, Rule 74 of the Rules of Court. He further argued that
private respondents should have established their status as illegitimate children during the
lifetime of Sima Wei pursuant to Article 175 of the Family Code.
 The other heirs of Sima Wei filed a Joint Motion to Dismiss  on the ground that the
8

certification against forum shopping should have been signed by private respondents and not
their counsel. They contended that Remedios should have executed the certification on behalf of
her minor daughters as mandated by Section 5, Rule 7 of the Rules of Court.
In a Manifestation/Motion as Supplement to the Joint Motion to Dismiss,  petitioner and his
9

co-heirs alleged that private respondents’ claim had been paid, waived, abandoned or otherwise
extinguished by reason of Remedios’ June 7, 1993 Release and Waiver of Claim stating that in
exchange for the financial and educational assistance received from petitioner, Remedios and her
minor children discharge the estate of Sima Wei from any and all liabilities.
The Regional Trial Court denied the Joint Motion to Dismiss as well as the Supplemental
Motion to Dismiss. It ruled that while the Release and Waiver of Claim was signed by Remedios,
it had not been established that she was the duly constituted guardian of her minor daughters.
Thus, no renun-
_______________

 Id., at p. 31.
6

 Id., at pp. 35-36.

7

 Id., at pp. 37-41.

8

 Id., at pp. 42-44.

9

156
15 SUPREME COURT
6 REPORTS
ANNOTATED
Guy vs. Court of Appeals
ciation of right occurred. Applying a liberal application of the rules, the trial court also rejected
petitioner’s objections on the certification against forum shopping.
Petitioner moved for reconsideration but was denied. He filed a petition for certiorari before
the Court of Appeals which affirmed the orders of the Regional Trial Court in its assailed
Decision dated January 22, 2004, the dispositive portion of which states:
“WHEREFORE, premises considered, the present petition is hereby DENIED DUE COURSE and
accordingly DISMISSED, for lack of merit. Consequently, the assailed Orders dated July 21, 2000 and
July 17, 2003 are hereby both AFFIRMED. Respondent Judge is hereby DIRECTED to resolve the
controversy over the illegitimate filiation of the private respondents (sic) minors [-] Karen Oanes Wei and
Kamille Oanes Wei who are claiming successional rights in the intestate estate of the deceased Sima Wei,
a.k.a. Rufino Guy Susim.
SO ORDERED.” 10

The Court of Appeals denied petitioner’s motion for reconsideration, hence, this petition.
Petitioner argues that the Court of Appeals disregarded existing rules on certification against
forum shopping; that the Release and Waiver of Claim executed by Remedios released and
discharged the Guy family and the estate of Sima Wei from any claims or liabilities; and that
private respondents do not have the legal personality to institute the petition for letters of
administration as they failed to prove their filiation during the lifetime of Sima Wei in
accordance with Article 175 of the Family Code.
Private respondents contend that their counsel’s certification can be considered substantial
compliance with the rules on certification of non-forum shopping, and that the petition raises no
new issues to warrant the reversal of the decisions of the Regional Trial Court and the Court of
Appeals.
_______________

10
 Id., at p. 25.

157
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SEPTEMBER 15, 2006
Guy vs. Court of Appeals
The issues for resolution are: 1) whether private respondents’ petition should be dismissed for
failure to comply with the rules on certification of non-forum shopping; 2) whether the Release
and Waiver of Claim precludes private respondents from claiming their successional rights; and
3) whether private respondents are barred by prescription from proving their filiation.
The petition lacks merit.
Rule 7, Section 5 of the Rules of Court provides that the certification of non-forum shopping
should be executed by the plaintiff or the principal party. Failure to comply with the requirement
shall be cause for dismissal of the case. However, a liberal application of the rules is proper
where the higher interest of justice would be served. In Sy Chin v. Court of Appeals,  we ruled 11

that while a petition may have been flawed where the certificate of non-forum shopping was
signed only by counsel and not by the party, this procedural lapse may be overlooked in the
interest of substantial justice.  So it is in the present controversy where the merits  of the case
12 13

and the absence of an intention to violate the rules with impunity should be considered as
compelling reasons to temper the strict application of the rules.
As regards Remedios’ Release and Waiver of Claim, the same does not bar private
respondents from claiming successional rights. To be valid and effective, a waiver must be
couched in clear and unequivocal terms which leave no doubt as to the intention of a party to
give up a right or benefit which legally pertains to him. A waiver may not be attributed to a
person when its terms do not explicitly and clearly evince an intent to abandon a right. 14

_______________

11
 399 Phil. 442; 345 SCRA 673 (2000).
12
 Id., at p. 454.
13
 Twin Towers Condominium Corporation v. Court of Appeals, G.R. No. 123552, February 27, 2003, 398 SCRA 203,
212.
14
 Thomson v. Court of Appeals, 358 Phil. 761, 778; 298 SCRA 280, 294 (1998).

158
15 SUPREME COURT
8 REPORTS
ANNOTATED
Guy vs. Court of Appeals
In this case, we find that there was no waiver of hereditary rights. The Release and Waiver of
Claim does not state with clarity the purpose of its execution. It merely states that Remedios
received P300,000.00 and an educational plan for her minor daughters “by way of financial
assistance and in full settlement of any and all claims of whatsoever nature and kind x x x against
the estate of the late Rufino Guy Susim.”  Considering that the document did not specifically
15

mention private respondents’ hereditary share in the estate of Sima Wei, it cannot be construed
as a waiver of successional rights.
Moreover, even assuming that Remedios truly waived the hereditary rights of private
respondents, such waiver will not bar the latter’s claim. Article 1044 of the Civil Code, provides:
ART. 1044. Any person having the free disposal of his property may accept or repudiate an inheritance.
Any inheritance left to minors or incapacitated persons may be accepted by their parents or guardians.
Parents or guardians may repudiate the inheritance left to their wards only by judicial authorization.
The right to accept an inheritance left to the poor shall belong to the persons designated by the testator
to determine the beneficiaries and distribute the property, or in their default, to those mentioned in Article
1030. (Emphasis supplied)
Parents and guardians may not therefore repudiate the inheritance of their wards without judicial
approval. This is because repudiation amounts to an alienation of property  which must pass the
16

court’s scrutiny in order to protect the interest of the ward. Not having been judicially
authorized, the Release and Waiver of Claim in the instant case is void and will not bar private
respondents from asserting their rights as heirs of the deceased.
_______________

 Rollo, p. 44.
15

 Tolentino, Civil Code of the Philippines, Vol. III, p. 554.

16

159
VOL. 502, 159
SEPTEMBER 15, 2006
Guy vs. Court of Appeals
Furthermore, it must be emphasized that waiver is the intentional relinquishment of
a known right. Where one lacks knowledge of a right, there is no basis upon which waiver of it
can rest. Ignorance of a material fact negates waiver, and waiver cannot be established by a
consent given under a mistake or misapprehension of fact. 17

In the present case, private respondents could not have possibly waived their successional
rights because they are yet to prove their status as acknowledged illegitimate children of the
deceased. Petitioner himself has consistently denied that private respondents are his co-heirs. It
would thus be inconsistent to rule that they waived their hereditary rights when petitioner claims
that they do not have such right. Hence, petitioner’s invocation of waiver on the part of private
respondents must fail.
Anent the issue on private respondents’ filiation, we agree with the Court of Appeals that a
ruling on the same would be premature considering that private respondents have yet to present
evidence. Before the Family Code took effect, the governing law on actions for recognition of
illegitimate children was Article 285 of the Civil Code, to wit:
ART. 285. The action for the recognition of natural children may be brought only during the lifetime of
the presumed parents, except in the following cases:

1. (1)If the father or mother died during the minority of the child, in which case the latter may file
the action before the expiration of four years from the attainment of his majority;
2. (2)If after the death of the father or of the mother a document should appear of which nothing had
been heard and in which either or both parents recognize the child.

In this case, the action must be commenced within four years from the finding of the document.
(Emphasis supplied)
_______________

 D.M. Consunji, Inc. v. Court of Appeals, G.R. No. 137873, April 20, 2001, 357 SCRA 249, 266.
17

160
16 SUPREME COURT
0 REPORTS
ANNOTATED
Guy vs. Court of Appeals
We ruled in Bernabe v. Alejo  that illegitimate children who were still minors at the time the
18

Family Code took effect and whose putative parent died during their minority are given the right
to seek recognition for a period of up to four years from attaining majority age. This vested right
was not impaired or taken away by the passage of the Family Code. 19

On the other hand, Articles 172, 173 and 175 of the Family Code, which superseded Article
285 of the Civil Code, provide:
ART. 172. The filiation of legitimate children is established by any of the following:

1. (1)The record of birth appearing in the civil register or a final judgment; or

2. (2)An admission of legitimate filiation in a public document or a private handwritten instrument
and signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

1. (1)The open and continuous possession of the status of a legitimate child; or

2. (2)Any other means allowed by the Rules of Court and special laws.

ART. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and
shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these
cases, the heirs shall have a period of five years within which to institute the action.
The action already commenced by the child shall survive notwithstanding the death of either or both
of the parties.
ART. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the
same, evidence as legitimate children.
The action must be brought within the same period specified in Article 173, except when the action is
based on the second paragraph
_______________

 424 Phil. 933; 374 SCRA 180 (2002).

18

 Id., at p. 944; p. 190.

19

161
VOL. 502, 161
SEPTEMBER 15, 2006
Guy vs. Court of Appeals
of Article 172, in which case the action may be brought during the lifetime of the alleged parent.
Under the Family Code, when filiation of an illegitimate child is established by a record of birth
appearing in the civil register or a final judgment, or an admission of filiation in a public
document or a private handwritten instrument signed by the parent concerned, the action for
recognition may be brought by the child during his or her lifetime. However, if the action is
based upon open and continuous possession of the status of an illegitimate child, or any other
means allowed by the rules or special laws, it may only be brought during the lifetime of the
alleged parent.
 It is clear therefore that the resolution of the issue of prescription depends on the type of
evidence to be adduced by private respondents in proving their filiation. However, it would be
impossible to determine the same in this case as there has been no reception of evidence yet. This
Court is not a trier of facts. Such matters may be resolved only by the Regional Trial Court after
a full-blown trial.
While the original action filed by private respondents was a petition for letters of
administration, the trial court is not precluded from receiving evidence on private respondents’
filiation. Its jurisdiction extends to matters incidental and collateral to the exercise of its
recognized powers in handling the settlement of the estate, including the determination of the
status of each heir.  That the two causes of action, one to compel recognition and the other to
20

claim inheritance, may be joined in one complaint is not new in our jurisprudence.  As held 21

in Briz v. Briz:22

_______________

 Borromeo-Herrera v. Borromeo, G.R. Nos. L-41171, L-55000, L-62895, L-63818 and L-65995, July 23, 1987, 152

20

SCRA 171, 182-183.

 Tayag v. Court of Appeals, G.R. No. 95229, June 9, 1992, 209 SCRA 665, 672.
21

 43 Phil. 763, 768-769 (1922).

22

162
16 SUPREME COURT
2 REPORTS
ANNOTATED
Guy vs. Court of Appeals
“The question whether a person in the position of the present plaintiff can in any event maintain a
complex action to compel recognition as a natural child and at the same time to obtain ulterior relief in the
character of heir, is one which in the opinion of this court must be answered in the affirmative, provided
always that the conditions justifying the joinder of the two distinct causes of action are present in the
particular case. In other words, there is no absolute necessity requiring that the action to compel
acknowledgment should have been instituted and prosecuted to a successful conclusion prior to the action
in which that same plaintiff seeks additional relief in the character of heir. Certainly, there is nothing so
peculiar to the action to compel acknowledgment as to require that a rule should be here applied different
from that generally applicable in other cases. x x x
The conclusion above stated, though not heretofore explicitly formulated by this court, is undoubtedly
to some extent supported by our prior decisions. Thus, we have held in numerous cases, and the doctrine
must be considered well settled, that a natural child having a right to compel acknowledgment, but who
has not been in fact acknowledged, may maintain partition proceedings for the division of the inheritance
against his coheirs (Siguiong vs. Siguiong, 8 Phil. 5; Tiamson vs. Tiamson, 32 Phil. 62); and the same
person may intervene in proceedings for the distribution of the estate of his deceased natural father, or
mother (Capistrano vs. Fabella, 8 Phil. 135; Conde vs. Abaya, 13 Phil. 249; Ramirez vs. Gmur, 42 Phil.
855). In neither of these situations has it been thought necessary for the plaintiff to show a prior decree
compelling acknowledgment. The obvious reason is that in partition suits and distribution proceedings the
other persons who might take by inheritance are before the court; and the declaration of heirship is
appropriate to such proceed-ings.”
WHEREFORE, the instant petition is DENIED. The Decision dated January 22, 2004 of the
Court of Appeals in CA-G.R. SP No. 79742 affirming the denial of petitioner’s motion to
dismiss; and its Resolution dated May 25, 2004 denying petitioner’s motion for reconsideration,
are AFFIRMED. Let the records be REMANDED to the Regional Trial Court of Makati City,
Branch 138 for further proceedings.
 163
VOL. 502, 163
SEPTEMBER 15, 2006
Heirs of Basilisa Hernandez
vs. Vergara, Jr.
SO ORDERED.
     Panganiban (C.J., Chairperson), Austria-Martinez, Callejo, Sr. and Chico-Nazario, JJ.,
concur.
Petition denied, judgment and resolution affirmed. Records remanded to trial court for
further proceedings.
Notes.—While courts in probate proceedings are generally limited to pass only upon the
extrinsic validity of the will sought to be probated, in exceptional cases, courts are not powerless
to do what the situation constrains them to do, and pass upon certain provisions of the will.
(Ajero vs. Court of Appeals, 236 SCRA 488 [1994])
Grandchildren are not entitled to provisional support from the funds of the decedent’s estate.
(Estate of Hilario M. Ruiz vs. Court of Appeals, 252 SCRA 541 [1996])

——o0o——