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Mariano ANDAL, assisted by mom Maria Duenas as guardian ad litem, and

Maria DUENAS, plaintiffs vs. Eduvigis MACARAIG, defendant [May 30, 1951]
Appeal from CFI Camarines Sur judgment

Emiliano Andal & Maria Duenas are sps.

Jan. 1941: Emiliano became sick of TB & his bro Felix went to live in their
house to help him work in his farm

May 1942: Felix & Maria began having sexual intercourse & treated each
other as h & w

On or about Sept. 10, 1942: Emiliano became so weak he couldnt move or

get up fr bed

Sept. 10, 1942: Maria eloped w/Felix & they lived w/Marias dad until mid

Jan. 1, 1943: Emiliano died w/o Maria who didnt even attend the funeral

June 17, 1943: Maria gave birth to baby boy Mariano.

Mariano & Maria: filed suit for recovery of ownership & possession of parcel
of land in Talacop, Calabanga, Camarines Sur. Complaint alleges that the land in
ques was acquired by Emiliano fr mom Eduvigis (nice name! Hehe)thru a
donation propter nuptias. Emiliano enjoyed possession of land fr 1938-1942
when Eduvigis took advantage of abnormal situation, entered land in ques.

CFI: declared Mariano as legitimate son of Emiliano & is entitled to inherit

land in ques. Likewise declared Mariano as owner of land & ordered Eduvigis to
pay cost of suit. Eduvigis appealed.

If Mariano is legit, hes entitled to inherit, otherwise, land should revert

back to Eduvigis as next of kin entitled to succeed Emiliano under the law. This
would be dependent on relationship bet Emiliano & Maria during period of
conception of child up to the date of his birth in connection w/death of alleged
Issues & Ratio:
1. WON Mariano can be considered as a legitimate child of Emiliano. YES.

CC Art. 108: Kids born after 180 days after celeb of marriage or w/in 300
days after dissolution/separation of sps shall be presumed legitimate. May be
rebutted only by proof that it was PHYSICALLY IMPOSSIBLE for husband to
have access to wife during first 120 day of 300 days preceding birth of child.

Mariano was born on JUNE 17, 1943 & Eimiliano died on JAN. 1, 1943,
Mariano is presumed to be legit son of Emiliano & Maria since he was born w/in
300 days after dissolution of marriage.
2. WON theres evidence to prove that it was physically impossible for
Emiliano to have access to Maria. NO.

Manresa on physical impossibility: absence during initial period of

conception, impotence, imprisonment unless it can be shown that cohabitation
took place (even if vs law).

No proof that Emilano was absent bet Aug 21, 1942 Sept. 10, 1942 (preelopement) w/c is included in 120 days of 30 before birth of child. Theres proof
that they still lived under one roof. Even if Felix was already staying w/them &
he had an illicit relationship w/Maria, that still does not preclude cohabitation
bet them.

Indeed Emiliano had TB & his condition was so serious that he could hardly
move & get up, his feet were swollen & his voice hoarse. But experience shows
that this does not prevent carnal intercourse. Some people even do it in the
most crucial stage because theyre more inclined to sexual intercourse. An

author on medicine even said that the reputation of TB towards sexual

propensity is probably dependent more upon confinement to bed than
consequences of disease.

No evidence either that he was impotent or that he was imprisoned.

Presumption of legitimacy must remain since it has not been overcome.

In conformity w/ Sec. 68, Par. C, Rule 123, Rules of Court: issue of wife
cohabiting w/husband whos not impotent is presumed legitimate if not born
w/in 180 days after marriage or 300 days after dissolution. Emiliano was not
impotent, he had access to Maria & kid was born 300 days after dissolution.
Held: CFI affirmed. Mariano is the legitimate son of Emiliano & Maria.
152 SCRA 359 (1987)
1968: Petitioner Janice Jao, then a minor, represented by her mother and
guardian-ad-litem Arlene Salgado filed a case for recognition and support with
the Juvenile and Domestic Relations Court (JDRC) against Perico Jao.
Perico denied paternity so they agreed to a blood grouping test duly conducted
by the NBI upon the trial courts order.
Result: Janice could not have been that possible offspring of Perico and
The trial court found the test result legally conclusive
Janice filed MFR, and court ordered trial on merits where Janice was declared
Pericos kid and thus entitled to monthly support.
Perico appealed to CA, contesting trial courts error to appreciate result of blood
test and CA reversed trial court decision, hence this appeal by Janice (for the
love story of Arlene and Perico and for the more detailed facts, refer to CA
Issue: WON the result of blood grouping test is admissible and conclusive to prove
YES. In this jurisdiction, the result of blood tests, among other evidence, to
affirm paternity was dealt with in Co Tao v. CA where the court held that the
NBI experts report stating that from their blood groups and types, the
defendant Co Tao is a possible father of the child could not give any assurance
that Co Tao was the father, only the possibility.
There is now an almost universal agreement that blood grouping tests are
conclusive as to non-paternity, although inconclusive as to paternity (As shown
in Co Tao).
The fact that the blood type of the child is a possible product o the mother and
the alleged father does not conclusively prove that the child is born by such
parents, but, if the blood type of the child is not the possible blood type when
the bloods of the mother and the alleged father are crossmatched, then the child
cannot possibly be that of the alleged father.
In jurisdictions like the U.S., the admissibility of blood tests results to prove nonpaternity has already been passed upon in several cases (Gilpin v. Gilpin, Cuneo
v. Cuneo and Clark v. Rysedorph). The important doctrine from such cases is
that to reject competent medical testimony would be tantamount to rejecting
scientific fact and to deny progress.

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Legislation expressly recognizing the use of blood tests is also in force in several
Tolentino affirms this rule on blood tests as a proof of non-paternity.
Petitioner attempts to discredit the result of the blood grouping tests by
impugning that qualification of the NBI personnel who conducted the tests and
the conduct of the tests themselves.
However, the NBI forensic chemisy who conducted the tests is also a serologist,
and has extensive practice in this area for several years. The tests were
conducted 6 times using 2 scientifically recognized blood grouping systems: MN
test and ABO system, under witness and supervision.
Even the allegation that Janice was too young at five months to have been a
proper subject for accurate blood tests must fall, since nearly two years after the
first blood test, she, represented by her mom, declined to undergo the test to
prove or disprove their allegations, even as Perico was willing to undergo the
test again.
Macadangdang vs. Court of Appeals [September 12, 1980]
Petition for Review from the decision of the Court of Appeals


Elizabeth Mejias is married to Crispin Anahaw. Sometime in Marcg 1967

she allegedly had intercourse with Antonio Macadangdang. Elizabeth
alleges that due to the affair, she and her husband separated in 1967.
October 30, 1967 (7 months or 210 days after the illicit encounter) she
gave birth to a baby boy who was named Rolando Macadangdang in
baptismal rites held on December 24, 1967.
April 25, 1972 Elizabeth filed a complaint for recognition and support
against Rolando.
February 27, 1973 lower court dismissed the complaint.
Court of Appeals reversed the decision of the lower court. They ruled that
minor Rolando to be an illegitimate son of Antonio Macadangdang. A
motion for reconsideration was filed but it was denied.

1. WON the child Rolando is conclusively presumed the legitimate child of the
spouses Elizabeth Mejias and Crispin Anahaw. YES
The separation of Elizabeth and Crispin was not proven. The finding of the
court of appeals that Elizabeth and Crispin were separated was based
solely on the testimony of the wife which is self-serving. Her testimony is
insufficient without further evidence.
Tolentino vs. De Jesus Court held that the findings of facts by the Court
of Appeals in conclusive on the Supreme Court, unless: (complete list see
p. 80)
Judgement is based on a misapprehension of facts
The findings of fact of the Court of Appeals are contrary to those
of the trial court
When the findings of facts of the Court of Appeals is premised on
the absence of evidence and is contradicted by evidence on

Art. 225 of the CC provides that : Children born after one hundred and
eighty days following the celebration of the marriage, and before three
hundred days following its dissolution or the separation of the spouses shall
be presumed to be legitimate.
Against this presumption no evidence shall be admitted other than that of
the physical impossibility of the husband's having access to his wife within
the first one hundred and twenty days of three hundred which preceded
the birth of the child.
This physical impossibility may be caused:
(1) By the impotence of the husband;
(2) By the fact that the husband and wife were living separately, in such a
way that access was not possible;

(3) By the serious illness of the husband.

Art. 256: The child shall be presumed legitimate, although the mother may
have declared against its legitimacy or may have been sentenced as an
Art. 257: Should the wife commit adultery at or about the time of the
conception of the child, but there was no physical impossibility of access
between her and her husband as set forth in Article 255, the child is prima
facie presumed to be illegitimate if it appears highly improbable, for ethnic
reasons, that the child is that of the husband. For the purposes of this
article, the wife's adultery need not be proved in a criminal case
During the initial 120 days of the 300 which preceded the birth of the child,
there was no concrete or substantial proof that was presented to establish
physical impossibility of access between Elizabeth and Crispin.
Elizabeth and Crispin continued to live in the same province, therefore
there is still the possibility of access to one another.
The baby was born seven months after the first illicit intercourse and seven
months from the separation of the spouses.
Under Art. 255 of the CC the child is conclusively presumed to be the
legitimate child of the spouses. (note the baby was not premature). This
presumption becomes conclusive in the absence of proof that there was
physical impossibility of access between the spouses in the first 120 days
of the 300 which preceded the birth of the child.
The presumption of legitimacy is based on the assumption that there is
sexual union in marriage, particularly during the period of conception.
In order to overthrow the presumption it must be shown beyond
reasonable doubt that there was no access as could have enabled the
husband to be the father of the child. Sexual intercourse is to be
presumed when personal access is not disproved.
Policy of law is to confer legitimacy upon children born in wedlock when
access of the husband at the time of the conception was not impossible
and there is the presumption that a child so born is the child of the
husband and legitimate even though the wife was guilty of infidelity during
the possible period of conception.

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WON the wife may institute an action that would bastardize her child
without giving her husband, the legally presumed father, an opportunity to
be heard. NO
Only the husband can contest the legitimacy of a child born to his wife.
The right to repudiate or contest the legitimacy of a child born in wedlock
belongs only to the alleged father, who is the husband of the mother and
can be exercised only by him or his heirs, within a fixed time, and in
certain cases, and only in a direct suit brought for the purpose.
Chua Keng Giap vs. IAC (separate)
Cabatbat-Lim v Intermediate Appellate Court (1988)
Petition for certiorari to review the decision of the then IAC.

This is a contest over the estate of the late Dra Esperanza Cabatbat. The petitioner
is Violeta Cabatbat Lim who claims to be her only child and respondents are the
sisters of the doctor and the children of her deceased brothers.
Petitioner Violeta, her husband Lim Biak Chiao and the Calasiao Bijon Factory assail
IACs and TCs decision finding her not to be the offspring of the Doctor and hence,
not a legal heir of the late Dra Cabatbat.
Respondents allege that Violeta is merely a ward (ampon) of the sps Esperanza and
Proceso who sheltered and supported her from childhood, w/o the benefit of formal
adoption proceedings. They present as evidence on the non-filiation of Violeta the
1. Absence of any record that Esperanza was admitted to the hospital where
Violeta was born on the day of her birth
2. Absence of birth cert of Violeta in the files of certs of live births in the hosp
from 1947-48
3. Cert of the Civil Registrar Gen saying that his office has no birth record of
4. Cert from Violeta school that in her files, the sps were listed only as guardians
and not as parents
5. Testimony of one Amparo Reside who was at the hosp at the time of Violetas
birth and that she met a patient named Benita Lastimosa who gave birth to a
baby girl who grew up to be known as Violeta Cabatbat.
Petitioner denied the allegations and presented her birth record stating that she is
the legitimate child of the sps. and her marriage contract wherein Esperanza
appeared as her mother and a Deed of Abs Sale wherein she was assisted and
represented by her father Proceso.
1. WON TCs and CAs finding that Violeta is not born of Esperanza Cabatbat is
conclusive on the Supreme Court
2. WON complaint is an action to impugn legitimacy and Art 263 CC can be
1. Yes, the factual findings of the courts are entitled to great respect. Moreover,
the absence of a record of birth of petitioner Violeta in the Office of the Civil

Registrar General puts a cloud on the genuineness of her birth record. The
records of the hospital show that only one woman by the name of Benita
Lastimosa gave birth to an illegitimate child on the date of Violetas birth.
2. No, because this is an action to claim inheritance of the respondents as legal
heirs of their childless deceased aunt. They do not claim that Violeta is n
illegitimate child of the deceased, but that she is not the decedents child at all.
Being neither a legally adopted child, nor an acknowledged natural child, nor a
child by legal fiction of Dra Esperanza Cabatbat, Violeta is not a legal heir of
the deceased. Petition denied.
191 SCRA 764 (1990)
School owner and directress, Felicidad Barian Tan filed a complaint seeking
disbarment of Atty. Galileo Trocio for immorality and conduct unbecoming of a
She alleged that Trocio, who is the legal counsel of the school, overpowered her
inside the office and against her will, succeeded in having carnal knowledge of
her. And as a result, she begot a son whom she named Jewel Tan.
She further alleged that he used to support Jewel but subsequently lost interest
and stopped.
She claimed she filed the complaint only after 8 years from the incident because
of Trocio threatened her with the deportation of her alien husband and due to
the fact that she was married with eight children.
Trocio files his answer stating that he was indeed counsel of the school as well
as of Tan and her family but denies he sexually assaulted her.
The lower Court and the Solicitor General completed the required pleadings and
thus forwarded the case to the SC
Issue: WON he had, in fact, sexually assaulted the Complainant, as a consequence
of which the latter begot a child by him (and is thus a ground for Trocios
disbarment for immoral conduct)
Held: Complaint for disbarment dismissed
The court found insufficient basis for the allegations
The alleged threat to deport her husband could not hold because she admitted
having lost contact with her husband when he learned of the respondents
transgression that very same evening. The fear had thus become inexistent
Even after the alleged incident, she continued having dealings with the
respondentwith Trocio acting as her personal and familys legal counselas
though nothing happened.
Complainants contention that Respondent continued supporting the child for
several years for which reason she desisted from charging him criminally, has
not been substantiate. In fact, the fact that she kept her peace for so many
years can even be construed as condonation. It is likewise strange that an
unwanted son, as the child would normally have been, should, of all names, be
called Jewel.
Witness, Elueterias (domestic help) testimony did not hold as how near she was
to the crime scene, considering it allegedly happened in school premises, has
not been shown.

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Testimonies of Felicidad and witness Marilou (another domestic help) to show

unusual closeness between Trocio and Jewel, like playing with him and giving
him toys, are not convincing enough to prove paternity.
Pictures of Jewel and Trocio showing allegedly their physical likeness to each
other is inconclusive evidence to prove paternity, and much less would it prove
violation of Complainants person
More importantly, Jewel Tan was born during the wedlock of Complainant and
her husband and the presumption should b in favor of legitimacy unless physical
access between the couple was impossible. From the evidence on hand, the
presumption has not been overcome by adequate and convincing proof. In fact,
Jewel was registered in his birth certificate as the legitimate child of the Felicidad
and her husband, Tan Le Pok.
People vs. Tumimpad [August 19, 1994]
Appeal from a decision of the RTC of Oroquieta City


Moreno L. Tumimpad and Constable Ruel C. Prieto are charged with the
crime of rape.
Sandra Salcedo 15 years old, had a mind of a five year old child
Four security men were assigned to her father, two of whom are Ruel Prieto
and Moreno Tumimpad.
August 7, 1989 Sandra complained of constipation. She was brought to
a doctor and was given medication. Her condition did not improved
August 8, 1989 when she saw Tumimpad coming out from the kitchen
she told her mother Mama, patayin mo yan, bastos
Her brought Sandra to the hospital where she found out that Sandra was
January 11, 1990 Sandra gave birtb to a baby boy who was named
Sandra was able to pick the pictures of Tumimpad and Prieto. During a
police line-up she pointed to the accused.
During trial the accused moved that a blood test, both Major Blood
Grouping Test and Pheno Blood Typing be conducted on the offended
party, her child Jacob and the two accused. The result of the test
conducted by the MMC showed that Jacob has a type O blood, Sandra
type B, Prieto type A and Tumimpad type O.
Trial court convicted Tumimpad but acquitted Prieto. The acquittal of Prieto
was on reasonable doubt stating that he has a different type of blood with
the child Jacob.

Issue: WON it was impossible for Tumimpad to have committed the crime of rape
because most of the time he and his co-accused were together with Col. Salcedo.

It was proven that they were not always with Col. Salcedo. There were
instances that they would even play with Sandra. Based on this it is not
physically impossible for the accused to have access to Sandra.
Tumimpad argued that his conviction was erroneously based on the
medical finding that he and the victim have the same blood type O

In Jao vs. Court of Appeals it was held that Paternity Science has
demonstrated that by the analysis of blood samples of the mother, the child
and the alleged father, it can be established conclusively that the man is
not the father of a particular child. But group blood testing cannot show
only a possibility that he os.
Benitez-Badua vs. CA
Appeal from the judgment of CFI Bohol (1987)

Trinidad Montilde had a love affair w/ Rev Fr Felipe Lumain, a priest, and in the
process she conceived. When she was 4 mos pregnant, in order to conceal her
disgrace from the public, she decided to marry one Anastacio Mamburao. Fr Lumain
himself solemnized their marriage in March 1924. However, the couple never lived
together as H&W. Trinidad gave birth to daughter Consolacion Lumain in Sept, 192
days or 6 mos after the marriage.
In Oct 1936, Fr Lumain died but he left a last will & testament wherein he
acknowledged Consolacion as his daughter and instituted her as the sole and
universal heir of all his property rts & interests. This was duly probated in CFI and
on appela was affirmed by the CA.
After reaching age of majority, daughter Consolacion filed an action in CFI against
one Hipolito Paraguya for the recovery of certain parcels of land she claims to have
inherited from her father, the priest.
Hipolito Paraguya was declared owner of portions A, B, H, F and G and all its
The land in question is portion G. Hipolito assails also that
Consolacion is not a natural child of the late Fr Lumain.
TC ruling: Bearing in mind the date of the birth of the plaintiff, it is evident that her
mother Trinidad was still single at the time she was conceived. It is a legal
presumption that plaintiff is the daughter of the sps Anastacio and Trinidad.
However, this was disputable and Trinidad successfully overcame it.
Consolacion is therefore the natural child of Fr Lumain and she is entitled to claim
the disputed property, she having been instituted in the will as universal heir.
WON Consolacion is the natural child of Lumain and if so, WON she is entitled to the
possession of Portion G.
SC finds it unnecessary to determine the paternity of appellee Consolacion. As Fr
Lumain died w/o any compulsory heir, Consolacion is therefore his lawful heir as duly
instituted in his will.
One who has no compulsory heirs may dispose by will all of his estate or any part of
it in favor of any person having capacity to succeed.
Portion G and its improvement declared to be owned by Consolacion. No award of
moral damages to be given to Hipolito for Consolacion was acting in her belief that
she was legal heir of the land. Judgment affirmed.

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same Article 131. True enough, but in such a case there must be a clear
statement in the document that the parent recognizes the child as his or her
own (Madridejo vs. De Leon, 55 Phil. 1); and in the birth certificate no such
statement appears. The claim of voluntary recognition is without basis.

Constantino vs. Mendez (separate)

17 SCRA 788 (1966)

lot No. 3390-B of the Sorsogon cadastre was owned originally by Paciano
Pareja, who donated it in 1939 to his son Gavino.

Gavino disappeared in 1943 and has not been heard of since. CA held that
he died that same year.

At the time of his disappearance, he was living with his common-law wife
Catalina Mendoza and their son Rodolfo (petitioners)

In 1948 Paciano sold the lot to Temistocles C. Mella, who notified

petitioners in 1952 to vacate the same.

Notice to vacate went unheeded, whereupon Mella commenced this action

in 1955 on the basis of the deed of sale by Paciano in his favor

Petitioners claim ownership for Rodolfo, first on the ground of succession

from his father Gavino, and secondly by adverse possession for more than 10 years.
WON Rodolfo may be considered as
an acknowledged natural child and thus entitled to successional rights.

NO. CA had negatively resolved this issue on 2 grounds:

Only evidence on the matter is his birth certificate, which CA held is not
proof of acknowledgment; and
There is no showing that Rodolfo's parents could have married each other
when he was conceived.

The SC held that only the 1st ground need be resolved.

The birth certificate was disregarded by the CA since the system of civil registry
provided in the old Civil Code (Title XII) was never established in this country
and thus Art. 131 (The acknowledgement of a natural child must be made in
the record of birth, in a will, or in some other public document) insofar as it
referred to acknowledgment in the record of birth, never became effective.

It should be noted, however, that a Civil Registry Law was passed in 1930 (Act
No. 3753) containing provisions for the registration of births, including those of
illegitimate parentage; and the record of birth under such law, if sufficient in
contents for the purpose, would meet the requisites for voluntary recognition
even under Art. 131.

Since Rodolfo was born in 1935, after the registry law was enacted, the
question here really is whether or not his birth certificate, which is merely a
certified copy of the registry record, may be relied upon as sufficient proof of
his having been voluntarily recognized.

The SC held that no such reliance may be placed upon it. While it contains the
names of both parents, there is no showing that they signed the original, let
alone swore to its contents as required in Sec. 5 of Act No. 3753.

For all that might have happened, it was not even they or either of them who
furnished the data to be entered in the civil register. Petitioners say that in any
event the birth certificate is in the nature of a public document wherein
voluntary recognition of a natural child may also be made, according to the


WON they may claim ownership by

adverse possession for more than 10 years
NO, in view of the factual findings by CA that their possession of the disputed
property was by tolerance on the part of Paciano and consequently was not adverse,
at least prior to the sale to Mella in 1948. Thereafter only 7years had elapsed when
complaint for recovery of possession was filed against them.
Held: judgment appealed from is affirmed
Lim vs. Court of Appeals [July 18, 1975]
Petition for Ceertiorari to review the decision of the Court of Appeals

1962 Felisa Lim brought suit against Francisco Miguel Romualdez Uy

Chen Hong for the declaration of nullity of the affidavit Uy executed in
which he adjudicated to himself, as the only son and heir of Susana Lim.
(Property 120 square meters located in Tayabas)
Uy and Lim claims that they inherited , to the exclusion of each other, the
property in question from Susana Lim.
Lim claims that she is the natural daughter of Susana and she presented
her baptismal certificate which stated the her mother was Susana. She
also presented her marriage contract wherein Susana gave consent to the
marriage of Felisa.
Uy claims that he is the only son and heir of Susana. He presented his
application form for alien registration which stated that his mother was
Susana, order of the BOI cancelling his alien registration because his
mother was a Filipina and his identification certificate which describes him
as the son of Susana.
November 22, 1967 court ruled that Felisa Lim as the daughter and only
heir of Susana Lim
Uy filed a motion for reconsideration and new trial but the court denied it.
Uy appealed to the court of appeals and it ruled that neither Felisa Lim nor
Uy is entitled to the inheritance because neither had either of them been
recognized by Susana Lim as her child by any means provided for by law;
and neither had either of them been declared in a judicial proceeding to be
the child of Susana Lim.
They both assailed the decision of the court of appeals. Lim alleges that
Susana Lims consent to her marriage, given pursuant to Act 3613 and
recognition on the part of Susana Lim that she is her natural daughter.
She also contended that the records in the office of the Local Civil Registrar
pertaining to her marriage license, together with the supporting papers
which included the consent given by Susana Lim, were destroyed during
the liberation. She asserts that the marriage contract is a public
Guadalupe Uy contended that her husband purchased the property in
question with his own money prior to his mothers death and took

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conveyance and title thereof. His mother gave him a little money to
complete the purchase price.
1. WON Felisa Lim is entitled to the inheritance. NO
Felisa Lim alleges that she was recognized by Susana Lim during 1943
which means that it was during the effectivity of the Civil Code of 1889.
Sec. 131 of CC of 1889 requires that the recognition of a natural child be
made in the record of birth, in a will, or in some other public document.
Public documents are those authenticated by a notary or by a competent
public official, with formalities required by law. The two classes of public
documents are:
Executed by private individuals which must be authenticated by
Those issued by competent public officials by reason of their office
Marriage contract presented by Felisa does not satisfy the requirements of
solemnity prescribed by article 131 of the CC of 1889. There was no
intervention of a notary.
The marriage contract is a mere declaration by the contracting parties, in
the presence of the person solemnizing the marriage and of two witnesses
of legal age, that they take each other as husband and wife, signed by
signature or mark by the said contracting parties and the said witnesses,
and attested by the person solemnizing the marriage.
2. WON Uy is entitled to the inheritance. NO
The title is in the name of Susana Lim, and oral testimony cannot
overcome the fact that the sale was made to Susana Lim and title issued in
her favour
Implied trust arises where a person purchases land with his own money
and takes conveyance thereof in the name of another. The property is held
on a resulting trust in favour of the one furnishing the consideration for the
transfer unless a different intention or understanding appears.
Uy raised the theory of implied trust in favour of her husband for the first
time in her motion for reconsideration filed with the appellate court and
evidence regarding the purchase by her husband is altogether
Mariategui vs. CA (separate)
Adriano vs. De Jesus
November 5, 1912
PETITIONER: Florentino Adriano, appointed administrator of the estate of deceased
Magdalena Carreon
OPPONENTS: Lorenza Sombillo de Jesus, alleged legitimate daughter of deceased and
Hipolito de Jesus, her husband

Florentino Adriano initiated a proceedings in the CFI of Bulacan in the

matter of the probate will of deceased Magdalena Carreon on November 5,

The will was admitted and Adriano was appointed administrator

Spouses Lorenza and Hipolito opposed, alleging that, as the only surviving
legitimate daughter of the deceased, Lorenza is entitled to 2/3 of the estate left
by Magdalena
A hearing was conducted to determine W/N Lorenza was in fact a
legitimate daughter and, consequently, an heiress of the deceased by force of
The judge ruled against Lorenza, saying that she was no able to prove her
allegations and, therefore, not entitled to the estate of the deceased.
De Jesus spouses appealed


That she was the legitimate daughter, born in lawful wedlock, of Tranquilino
Sombillo y Ignacio and Magdalena Carreon as proven by:
uninterrupted enjoyment of status as a legitimate child; and
her baptismal certificate, which states her parents as Tranquilino
Sombillo and Magdalena Carreon

And, as such, she is a forced heiress of the deceased

ISSUE: W/N Lorenza Sombillo de Jesus is the legitimate daughter of Magdalena
Carreo and, consequently, entitled to 2/3 of the estate left by the

No. Lorenza was not able to sufficiently establish her filiation and, thus,
cannot be considered a forced heiress of the deceased.

Civil Code
ART. 115. The filiation of legitimate children is proven by the record of the birth,
entered in the civil registry, or by an authentic instrument, or a final
judgment in the cases referred to in articles 110 to 113 of the preceding
ART. 116. In the absence of the documents mentioned in the preceding article,
filiation shall be proven by the uninterrupted enjoyment of the status of
a legitimate child.
ART. 117. In the absence of the record of birth, authentic document, final sentence,
or enjoyment of status legitimate child, filiation may be proven by any
means, provided there is a foundation of proof in writing coming from
both parents, either jointly or severally.


A baptismal certificate attests the facts of its origin, execution, and the date of
the same to wit, the administration of the sacrament on the day specified, but not
to the veracity of the statements made therein respecting the kinsfolk of
the person baptized. Though the filiation of legitimate children be proven, as
established by article 115 of the Civil Code, by the record of birth entered in the

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civil registry, which is analogous to the certificates of baptism issued prior to the
creation of that civil service, such record is presumptive evidence only, and is
susceptible of proof to the contrary, and when, by virtue of that proof, the
presumption is overcome, the said article of the Code is not violated.


1. Uninterrupted enjoyment of status of a legitimate child is proven by:
Use of fathers surname;
The treatment she received from her father and mother and
from her parents' family; and also
Her parents' having constantly attended to her support and


As found by the trial court, she was not successful in proving these, in fact,
in the marriage certificates of Lorenzas children, it is shown that she uses the
surname Carreon and not Sombillo
Preponderance of evidence shows she was not the legitimate daughter of
Sombillo and Magdalena, but the daughter of Torribia Carreon, an unmarried
woman and sister of Magdalena, and an unknown father
Baptismal and other such canonical certificates are:
conclusive proof only of:
the baptism administered,
in conformity with the rites of the Catholic Church,
by the priest who baptized the child

But not of the veracity of the declarations and statements contained in the
said certificate that concern the relationship of the person baptized, which
must be prove by some kinds of proofs recognized by law.
Presumptive evidence susceptible to proofs to the contrary such as:
statements found in the certified copies of the marriage
certificates of her children, Matias and Guillerma, where it is stated
Lorenza uses the surname Carreon and not Sumbillo, and
that she is the natural child of Torribia Carreon and an
unknown father (if there were mistakes in the marriage
certificates of her children, she could have sought to correct them
during the lifetime of Magdalena Carreon)

The will of the deceased:

which expressly states that she has no living descendants
since, at the time of its writing, her husband and all of their 11
children were already dead
did not even make mention of Lorenza, while it mentioned the
her son-in-law by her deceased daughter

Testimony of Lucio Pahati, who testified that he had seen Toribia Carreon in
a pregnant state and afterwards give birth to a child who was subsequently
called Lorenza, and swore that its mother was Torribia and not Magdalena
Acebedo vs Arguero [March 11, 2003]

June 1, 1994 - Edwin A. Acebedo charged Eddie P. Arquero, Process Server

of the Municipal Trial Court (MTC) of Brookes Point, Palawan for immorality
He alleged that his wife, Dedje Irader Acebedo and respondent unlawfully
and scandalously cohabited as husband and wife at Bancudo Pulot,
Brookes Point, Palawan as a result of which a girl, Desiree May Irader
Arquero, was born to the two on May 21, 1989
Attached was the birth certificate of the girl indicating her parents to be
Arquero and Dedjoe. He also presented a copy of the marriage contract
Eddie P. Arquero vehemently denied the charge of immorality, claiming that
it is just a mere harassment and a product of complainants hatred and
extreme jealousy to his wife. He presented a sworn statement wherein
Edwin Acebedo (complainant) acknowledged paternity of a child born out of
wedlock, which documents, respondent claims, support his contention that
the complaint filed against him is but a malicious scheme concocted by
complainant to harass him. He also said that the complainant was
cohabiting with another woman.
February 12, 2001 judge Fernandez recommended that the complaint be
dismissed for failure to adduce adequate evidence to show that respondent
is guilty of the charge
December 12, 2001 - Memorandum by the Office of the Court
Administrator disagreeing with the recommendation of the Investigating
Judge that the case should be dismissed, recommends that respondent be
held guilty of immorality and that he be suspended from office for a period
of one (1) year without pay.

Issue: WON Arguero can be suspended due to immorality. YES


The entry of respondents name as father in the baptismal certificate of

Desiree May I. Arquero cannot be used to prove her filiation and, therefore,
cannot be availed of to imply that respondent maintained illicit relations
with Dedje Irader Acebedo.
A baptismal certificate merely attests to the fact which gave rise to its
issue, and the date thereof, to wit, the fact of the administration of the
sacrament on the date stated, but not the truth of the statements therein
as to the parentage of the child baptized.
Arguero admitted that he had an illicit relationship with the wife of the
Arguero justified his pursuing a relationship with complainants wife with
the spouses having priorly entered into a settlement with respect to their
marriage which was embodied in a Kasunduan.
This justification fails because Arguero, being an employee of the judiciary,
knows that the Kasunduan has no force and effect because Article 1 of the
FC provides: marriage is an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to
stipulation. It is an institution of public order or policy, governed by rules
established by law which cannot be made inoperative by the stipulation of
the parties.

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Republic Act 6713, otherwise known as the Code of Conduct and Ethical
Standards for Public Officials and Employees, enunciates the States policy
of promoting a high standard of ethics and utmost responsibility in the
public service
Although every office in the government service is a public trust, no
position exacts a greater demand for moral righteousness and uprightness
from an individual than in the judiciary.
Argueros act of having illicit relations with the complainants wife is a
disgraceful and immoral conduct.
Under Rule IV, Section 52A (15) of the Revised Uniform Rules on
Administrative Cases in the Civil Service, an immoral conduct is classified
as a grave offense which calls for a penalty of suspension for six (6)
months and one (1) day to one (1) year for the first offense, and dismissal
is imposed for the second offense. Since it is his first offense, his
suspension for six (6) months and one (1) day is in order.

300 SCRA 138 (1998)
Cynthia Vicencio is the daughter of Pablo Castro Vicencio and Fe Esperanza de
Vega Leabres.
When Cynthia was a year old, Pablo Vicencio left their conjugal abode after a
marital spat & since then never reappeared nor sent support to his family.
Ernesto Yu came to the aid of Fe and her children
Fe was successful in her petitions for dissolution of their conjugal partnership,
for change of name (to drop the surname of her husband) and for the
declaration of Pablo as an absentee
Fe and Ernesto Yu eventually married
Cynthia now files present petition for change of surname, from Vicencio to Yu
Issue: WON Cynthia may be allowed to change her surname to that of her stepfather's surname.
Held: NO. decision of the CA reversed
Cynthia asserts that her case falls under one of the justifiable grounds cited in
Rep. v. Hernandez. She says that confusion has arisen as to her parentage
because ever since childhood, Ernesto Yu has acted as her father, assuming
duties of rearing, caring and supporting her.
SolGen however argues that there is no proper & reasonable cause to
warrant private respondent's change of surname. Such change might even cause
confusion and give rise to legal complications due to the fact that private
respondent's step-father has 2 children with her mother. In the event of her
step-father's death, it is possible that private respondent may even claim
inheritance rights as a "legitimate" daughter. In his memorandum, he opines
that "Ernesto Yu has no intention of making Cynthia as an heir because despite
the suggestion made before the petition for change of name was heard by the
trial court that the change of family name to Yu could very easily be achieved by
adoption, he has not opted for such a remedy.

Court sided with the SolGens contention, arguing that Cynthia is the legitimate
offspring of Fe and Pablo and a legitimate child generally bears the surname of
his or her father.
It must be stressed that a change of name is a privilege, not a matter of right,
addressed to the sound discretion of the court, which has the duty to consider
carefully the consequences of a change of name and to deny the same unless
weighty reasons are shown.
Confusion indeed might arise with regard to Cynthias parentage due to her
surname. But even, more confusion with grave legal consequences could arise if
a change were allowed.
Previous decisions allowing children to bear the surname of their respective
step-fathers even without the benefit of adoption were not similar to the present
Based on the precedents cites, the worry of the court is if a child born out of a
lawful wedlock be allowed to bear the surname of the second husband of the
mother, should the first husband die or be separated by a decree of divorce,
there may result a confusion as to his real paternity. In the long run the change
may redound to the prejudice of the child in the community. Legal restraints
bind the court to rule as such.
Further, there is no assurance the end result would not be even more
detrimental to her person, for instead of bringing a stop to questions, the very
change of name, if granted, could trigger much deeper inquiries regarding her
Special civil action in SC. Certiorari. (1999)

On Oct 14, 1988, respondent Vircel Andres, in her capacity as mother and legal
guardian of minor Glen Camil Andres de Asis, brought an action for maintenance and
support against Manual de Asis alleging that the latter is the father of subject minor
Glen and that he refused to provide for the maintenance of Glen after repeated
Manuel denied his paternity and therefore, he cannot be required to provide support
for him.
In July 1989, Vircel, through a manifestation, as well as Manuel both agreed to move
for the dismissal of the case.
However, in Sept 95, Vircel again filed a similar complaint as the legal guardian of
Glen against Manuel. This time, she asked for a monthly support of not less than
PhP2K for the previous mos since June 1, 1987 and another monthly allowance of
PhP5K paid before the 5th of every month.
On Oct 8 93, petitioner Manuel moved to dismiss the complaint on the ground of res
judicata, that it is barred by the prior judgment dismissing the previous case. He
further asserts that through the previous manifestation of Vircel, w/c binds the
complainant, admitted the lack of filiation needed and therefore obligation to give
support ceases.
TC ruled that res judicata is inapplicable in an action for support for the reason that
renunciation or waiver of future support is prohibited by law.

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ISSUE: WON CA acted w/ GADALEJ1 in upholding the denial the motion to dismiss and
holding that an action for support cannot be barred by res judicata
HELD: NO, for the right to receive support can neither be renounced nor transmitted
to a third person as per Art 301 CC. Also, future support cannot be the subject of a
compromise as in Art 2035.
The rt to support being founded upon the need of the recipient to maintain his
existence, he is not entitled to renounce/ transfer the rt for this would mean
sanctioning the voluntary giving up of life itself. The rt to life cannot be renounced;
hence, support, w/c is the means to attain the former, cannot be renounced.
Therefore, the agreement entered into by the petitioner and respondents mother for
the dismissal of the complaint for maintenance and support, w/c is in the nature of a
compromise, cannot be countenanced.
Moreover, paternity and filiation (or lack of it) must be judicially established and it is
for the court to declare its existence or absence. It cannot be left to the will or
agreement of the parties. If such an admission is made, it at most is evidentiary and
does not conclusively establish the lack of filiation.
CA decision affirmed. Petition dismissed.

GADALEJ Grave abuse of discretion amounting to lack or excess of jurisdiction