ANTONIA L. DE JESUS, ET AL., plaintiff-appellant, 4.

4. It should be noted that during the christening of the child, the defendant who was in
vs. charge of the arrangement of the ceremony caused the name Ismael Loanco to be given
CESAR SYQUIA, defendant-appellant. instead of Cesar Syquia Jr. that was first planned.
ISSUES:
G.R. No. L-39110 November 28, 1933
1. Whether the note to the padre and the other letters written by defendant to Antonia
Governing Article: during her pregnancy proves acknowledgement of paternity.
2. Whether the defendant should be compelled to acknowledge the child Ismael Loanco.
Art. 40. Birth determines personality; but the conceived child shall be considered born for all
purposes that are favorable to it, provided it be born later with the conditions specified in the DOCTRINE:
following article. (29a)

Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely
RULING:
delivered from the mother's womb. However, if the fetus had an intra-uterine life of less than
seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery The letter written by Syquia to Rev. Father and the other letters to Antonia are sufficient proof
from the maternal womb. of paternity. The mere requirement is that the writing shall be indubitable.
FACTS: “The law fixes no period during which a child must be in the continuous possession of the
status of a natural child; and the period in this case was long enough to reveal the father’s
1. Antonia Loanco was a cashier in a barber shop owned by the defendant’s brother in law
Vicente Mendoza. Cesar Syquia, the defendant was an unmarried scion of a prominent resolution to admit the status”.
family in Manila. He got acquainted with Antonio and had an amorous relationship. As
a consequence, Antonia got pregnant and a baby boy was born on June 17, 1931. The Supreme Court upheld the decision of the lower court compelling Syquia to provide support
for the child Ismael Loanco.
2. In the early months of Antonia’s pregnancy, defendant was a constant visitor. On
February 1931, he even wrote a letter to a Rev Father confirming that the child is his and
he wanted his name to be given to the child. Though he was out of the country, he
continuously wrote letters which are solicitous of Antonia and the baby’s welfare. He
made hospital arrangements through his friend for Antonia’s delivery.

3. After giving birth, they lived together for about a year. When Antonia showed signs of
second pregnancy, defendant suddenly departed and married another woman.