Respondent Maria Clarissa Posada, a young lass from the barrio of Pandan, met a close family friend, petitioner Teofisto Verceles. One day, Verceles started making amorous advances on her. She panicked, and hurriedly left the hotel. Afraid of the mayor, she kept the incident to herself.
Respondent Maria Clarissa Posada, a young lass from the barrio of Pandan, met a close family friend, petitioner Teofisto Verceles. One day, Verceles started making amorous advances on her. She panicked, and hurriedly left the hotel. Afraid of the mayor, she kept the incident to herself.
Respondent Maria Clarissa Posada, a young lass from the barrio of Pandan, met a close family friend, petitioner Teofisto Verceles. One day, Verceles started making amorous advances on her. She panicked, and hurriedly left the hotel. Afraid of the mayor, she kept the incident to herself.
TEOFISTO I. VERCELES v. MARIA CLARISSA POSADA, et al.
G.R. SP. 159785, 27 April 2007, Quisumbing, J. (Second Division)
It is not the caption but the facts alleged which give meaning to a pleading. Courts are called upon to pierce the form and go into the substance thereof. There is nothing in law or jurisprudence that entitles the parents of a consenting adult who begets a love child to damages.
Respondent Maria Clarissa Posada, a young lass from the barrio of Pandan, Catanduanes, met a close family friend, petitioner Teofisto Verceles, mayor of Pandan. He then offered Posada a job. Posada accepted Verceless offer and worked as a casual employee in the mayors office. Along with some other employees, Posada accompanied Vereceles to Legaspi City to attend a seminar on town planning. One day, Verceles started to make amorous advances on her. She panicked, and hurriedly left the hotel. Afraid of the mayor, she kept the incident to herself. She went on as a casual employee. One of her tasks was following-up barangay road and maintenance projects. On orders o Verceles. Posada went to Virac. (atanduanes. to ollow up unds or baravgay projects. She went to (atanduanes lotel on instructions o Verceles who asked to be brieed on the progress o her mission. 1hev met at the lobbv and he led her upstairs because he said he wanted the brieing done at the restaurant at the upper loor. Instead. howeer. Verceles opened a hotel room door. led her in. and suddenlv embraced her. as he told her that he was unhappv with his wie and would diorce` her anvtime. le also claimed he could appoint her as a municipal deelopment coordinator. She succumbed to his adances. But again she kept the incident to hersel. Posada missed her menstruation and she wrote Verceles that she eared she was pregnant. In a handwritten letter. Verceles told Posada that he should hae no regrets should she become pregnant een unexpectedlv. and that thev shall both take care o the child. Posada explained Verceles used an alias Ninov` and addressed her as (hris`. probablv because o their 25-vear age gap. In court. Posada identiied Verceles`s penmanship which she claims she was amiliar with as an emplovee in his oice. On September 23. 198. she gae birth to a babv girl. Verna Aiza Posada. 1he Posadas iled a complaint or Damages coupled with Support Pevaevte ite beore the R1(. Virac. (atanduanes against Verceles. 1he trial court issued a judgment in aor o the Posadas. 1he (A airmed the judgment o the R1(. ordering Verceles to pav a monthlv support to Verna Aiza Posada rom her birth. and to pav damages to Maria (larissa and her parents. ISSULS: 1, \hether or not paternitv and iliation can be resoled in an action or damages with support pevaevte tite 2, \hether or not the iliation o Verna Aiza Posada as the illegitimate child o petitioner was proen 3, \hether or not respondents are entitled to damages
HLLD: In determining the nature of an action, it is not the caption, but the averments in the petition and the character of the relief sought, that are controlling.
A perusal o the complaint beore the R1( shows that although its caption states Damages coupled with Support Pevaevte ite`. Posada`s aerments therein. all clearlv established a case or recognition o paternitv. 1his (ourt has held that the due recognition o an illegitimate child in a record o birth. a will. a statement beore a court o record. or in anv authentic writing is. in itsel. a consummated act o acknowledgment o the child. and no urther court action is required. In act. anv authentic writing is treated not just aground or compulsorv recognition: it is in itsel a oluntarv recognition that does not require a separate action or judicial approal.
1he letters are priate handwritten instruments o Verceles which establish Verna Aiza`s iliation under Article 12 2, o the lamilv (ode. In addition. the arrav o eidence presented bv respondents. the dates. letters. pictures and testimonies. to us. are conincing. and irreutable eidence that Verna Aiza is. indeed. Verceles`s illegitimate child. Verceles not onlv ailed to rebut the eidence presented. he himsel presented no eidence o his own. lis bare denials are telling.
loweer. we cannot rule that the Posadas are entitled to damages. Aticle 2219 o the (iil (ode which states moral damages mav be recoered in cases o seduction is inapplicable in this case because (larissa was alreadv an adult at the time she had an aair with Verceles. Neither can her parents be entitled to damages. Respondents (onstantino and lrancisca Posada hae not cited anv law or jurisprudence to justiv awarding damages to them.
Marylee Benavidez, Jason Kenny Benavidez and Jose Guy Benavidez v. Franklin L. Gunnell, Individually and in His Official Capacity as Cache County Attorney Ray Oldham, Mel Mower, Keith Wertman and Craig Johnson, Individually and in Their Official Capacities as Police Officers of the Logan City Police Department H. Sanford Campbell, Heber Sharp and E. Wayne Wright, 722 F.2d 615, 10th Cir. (1983)