Yes, the acknowledgment is considered valid because a will (although not required to be filed by the notary public) may still constitute a document…
2014 Bar Exam · Civil Law · Question 8 · Essay
The question
Yes, the acknowledgment is considered valid because a will (although not required to be filed by the notary public) may still constitute a document which contains an admission of illegitimate filiation. Article 834 also provides that the recognition of an illegitimate child does not lose its legal effect even though the will wherein it was made should be revoked. This provision by itself warrants a conclusion that a will may be considered as proof of filiation. The donation mortis causa may be considered valid because although unborn, a fetus has a presumptive personality for all purposes favorable to it provided it be born under the conditions specified in Article 41. 7 Gerbert Corpuz vs. Daisylyn Sto. Tomas G.R. No. 186571; August 11, 2010 XXVI. Isaac leased the apartment of Dorotea for two (2) years. Six (6) months after, Isaac subleased a portion of the apartment due to financial difficulty. Is the sublease contract valid?
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