8/20/2019 Berciles Vs

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BERCILES VS. SYSTEMS

128 SCRA 93

Facts: GSIS recognized Pascual Berciles as an acknowledged natural child and other private

respondents Maria Luisa Berciles Vallreal, mercy Berciles Patacsil and hoda Berciles as

illegitimate children o! "udge Pascual Berciles with #lor #uente$ella and thus have rights to his

retirement $ene!its% &his was contested $y his wi!e Iluminada Ponce and their children%

Issue:  'hether or not GSIS was correct in upholding their status as a natural child and

illegitimate children

Held: (nder )rt *+ o! the -ew .ivil .ode, illegitimate children other than natural are entitled

to support and such sucsessional rights are granted in the code, $ut !or this article to $e

applica$le there must $e admission or recognition o! paternity o! illegitimate child% In this case,

no evidence o! admission and no evidence that he intervened when his name was put in the $irth

certi!icate o! Pascual Berciles, thus his part in the $irth certi!icate is null and void% &he .ourt

a!!irmed that petitioner Iluminada Ponce Berciles is the surviving spouse o! the late "udge

Pascual G% Berciles and that petitioners Ilona Berciles )lvarez, /llery P% Berciles, /ngland P%

Berciles, and Ione P% Berciles are the legitimate children o! the said deceased "udge%

.onse0uently, claims o! the petitioners as legal heirs are here$y approved and the GSIS is here$yordered to pay immediately to each and every petitioner the various sums indicated%

8/20/2019 Berciles Vs

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SIARI VALLEY ESTATE, IC. VS L!CASA

1"9 #HIL. 29$

Facts: Siari Valley Inc% $rought action to recover *11 heads o! cattle that were driven !rom its

lands to that o! Lucasan2s% Lucasan however argued that although there was commi3tion o! cattle, Siari already retrieved its animals% &he .#I o! 4am$oanga decided in !avor o! Siari thus

the case at $ar%

Issue: 'hether or not Lucasan was in $ad !aith thus should lose his share in the commi3tion

Held: 5es% )lthough there was no actual evidence that all +*6 missing animals were taken $y

Lucasan or his men, on two occasions however, his men drove away 61 heads o! cattle% It is not

erroneous to $elieve that the others must have also $een driven away applying $y analogy the

 principle that one who stole a part o! the stolen money must have taken also the larger sum lost

 $y the o!!ended party% )rt% 6+* 7now )rt% 869 o! the .. states that :i! the commingling o! *

things is made in $ad !aith, the one responsi$le !or it will lose his share; thus since Lucasan is in

 $ad !aith, he should lose his share in the commi3tion% S. ordered Lucasan to deliver the 6*<

heads that had $een entrusted to his care to Siari= pay damages !or the 811 heads he sold since

<>8?= ordered to allow Siari to round up all the $u!!aloes that may $e !ound on its cattle ranch