Macadangdang vs. CA and Elizabeth Mejias [G.R. No. L-49542. Sept.

12 1980]

FACTS: Respondent, Elizabeth Mejias is married to Crispin Anahaw. Sometime in March

1967 respondent allegedly had sexual intercourse with petitioner Antonio
Macadangdang. Respondent alleges that due to the affair, she and her husband
separated in 1967. On October 30, 1967 (7 months after the illicit encounter with
Macadangang) respondent gave birth to a boy who was named Rolando Macadangdang.
Respondent filed a complaint for recognition and support against petitioner for the child
Rolando.

RTC: lower court dismissed the complaint filed by Meijas.

CA: reversed the decision of the lower court. They ruled that minor Rolando was an
illegitimate son of Antonio Macadangdang. A motion for reconsideration was filed but it
was denied.

ISSUE: WON the child Rolando should be conclusively presumed as the legitimate child
of the spouses Elizabeth Mejias and Crispin Anahaw.

HELD: Yes. Art. 225 of the Civil Code states 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.
In the case at bar, the separation of Elizabeth and Crispin was not proven.
Elizabeth and Crispin continued to live in the same province, therefore there is still the
possibility of access to one another. 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.
The child is conclusively presumed to be the legitimate child of the spouses Crispin
Anahaw and Elizabeth Meijas.

WHEREFORE, decision of the CA is reversed and set aside.