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Mariano ANDAL, assisted by mom Maria Duenas as guardian ad litem, and propensity is probably dependent more upon confinement to bed than
Maria DUENAS, plaintiffs vs. Eduvigis MACARAIG, defendant [May 30, 1951] consequences of disease.
Appeal from CFI Camarines Sur judgment • No evidence either that he was impotent or that he was imprisoned.
Presumption of legitimacy must remain since it has not been overcome.
Facts: • In conformity w/ Sec. 68, Par. C, Rule 123, Rules of Court: issue of wife
• Emiliano Andal & Maria Duenas are sps. cohabiting w/husband who’s not impotent is presumed legitimate if not born
• Jan. 1941: Emiliano became sick of TB & his bro Felix went to live in their w/in 180 days after marriage or 300 days after dissolution. Emiliano was not
house to help him work in his farm impotent, he had access to Maria & kid was born 300 days after dissolution.
• May 1942: Felix & Maria began having sexual intercourse & treated each other Held: CFI affirmed. Mariano is the legitimate son of Emiliano & Maria.
as h & w
• On or about Sept. 10, 1942: Emiliano became so weak he couldn’t move or get JAO v. CA
up fr bed 152 SCRA 359 (1987)
• Sept. 10, 1942: Maria eloped w/Felix & they lived w/Maria’s dad until mid 1943
• Jan. 1, 1943: Emiliano died w/o Maria who didn’t even attend the funeral Facts:
• June 17, 1943: Maria gave birth to baby boy Mariano. 1968: Petitioner Janice Jao, then a minor, represented by her mother and
• Mariano & Maria: filed suit for recovery of ownership & possession of parcel of guardian-ad-litem Arlene Salgado filed a case for recognition and support with the
Juvenile and Domestic Relations Court (JDRC) against Perico Jao.
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 Perico denied paternity so they agreed to a blood grouping test duly conducted by
donation propter nuptias. Emiliano enjoyed possession of land fr 1938-1942 the NBI upon the trial court’s order.
when Eduvigis took advantage of abnormal situation, entered land in ques. Result: Janice could not have been that possible offspring of Perico and
• CFI: declared Mariano as legitimate son of Emiliano & is entitled to inherit land Arlene
in ques. Likewise declared Mariano as owner of land & ordered Eduvigis to pay The trial court found the test result legally conclusive
cost of suit. Eduvigis appealed. Janice filed MFR, and court ordered trial on merits where Janice was declared
• If Mariano is legit, he’s entitled to inherit, otherwise, land should revert back to Perico’s kid and thus entitled to monthly support.
Eduvigis as next of kin entitled to succeed Emiliano under the law. This would Perico appealed to CA, contesting trial court’s error to appreciate result of blood
be dependent on relationship bet Emiliano & Maria during period of conception test and CA reversed trial court decision, hence this appeal by Janice (for the love
of child up to the date of his birth in connection w/death of alleged father. story of Arlene and Perico and for the more detailed facts, refer to CA decision)
Issues & Ratio:
1. WON Mariano can be considered as a legitimate child of Emiliano. – YES. Issue: WON the result of blood grouping test is admissible and conclusive to prove
• CC Art. 108: Kids born after 180 days after celeb of marriage or w/in 300 days paternity
after dissolution/separation of sps shall be presumed legitimate. May be
rebutted only by proof that it was PHYSICALLY IMPOSSIBLE for husband to Held:
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
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 expert’s
is presumed to be legit son of Emiliano & Maria since he was born w/in 300 report stating that “from their blood groups and types, the defendant Co Tao is a
days after dissolution of marriage. possible father of the child” could not give any assurance that Co Tao was the father,
2. WON there’s evidence to prove that it was physically impossible for only the possibility.
Emiliano to have access to Maria. – NO.
There is now an almost universal agreement that blood grouping tests are
• Manresa on physical impossibility: absence during initial period of conception,
conclusive as to non-paternity, although inconclusive as to paternity (As shown in
impotence, imprisonment unless it can be shown that cohabitation took place Co Tao).
(even if vs law). The fact that the blood type of the child is a possible product o the mother and the
• No proof that Emilano was absent bet Aug 21, 1942 – Sept. 10, 1942 (pre- alleged father does not conclusively prove that the child is born by such parents,
elopement) w/c is included in 120 days of 30 before birth of child. There’s proof but, if the blood type of the child is not the possible blood type when the bloods of
that they still lived under one roof. Even if Felix was already staying w/them & the mother and the alleged father are crossmatched, then the child cannot possibly
he had an illicit relationship w/Maria, that still does not preclude cohabitation be that of the alleged father.
bet them. In jurisdictions like the U.S., the admissibility of blood tests results to prove non-
• Indeed Emiliano had TB & his condition was so serious that he could hardly paternity has already been passed upon in several cases (Gilpin v. Gilpin, Cuneo v.
move & get up, his feet were swollen & his voice hoarse. But experience shows Cuneo and Clark v. Rysedorph). The important doctrine from such cases is that to
that this does not prevent carnal intercourse. Some people even do it in the reject competent medical testimony would be tantamount to rejecting scientific fact
most crucial stage because they’re more inclined to sexual intercourse. An and to deny progress.
author on medicine even said that the reputation of TB towards sexual
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Legislation expressly recognizing the use of blood tests is also in force in several hundred days following its dissolution or the separation of the spouses shall
states. be presumed to be legitimate.
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 Against this presumption no evidence shall be admitted other than that of
that qualification of the NBI personnel who conducted the tests and the conduct of the physical impossibility of the husband's having access to his wife within
the tests themselves. the first one hundred and twenty days of three hundred which preceded
However, the NBI forensic chemisy who conducted the tests is also a serologist, the birth of the child.
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 This physical impossibility may be caused:
system, under witness and supervision.
Even the allegation that Janice was too young at five months to have been a proper (1) By the impotence of the husband;
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 (2) By the fact that the husband and wife were living separately, in such a
disprove their allegations, even as Perico was willing to undergo the test again. way that access was not possible;

Macadangdang vs. Court of Appeals [September 12, 1980] (3) By the serious illness of the husband.
Petition for Review from the decision of the Court of Appeals  Art. 256: The child shall be presumed legitimate, although the mother may
have declared against its legitimacy or may have been sentenced as an
Facts: adulteress
 Elizabeth Mejias is married to Crispin Anahaw. Sometime in Marcg 1967  Art. 257: Should the wife commit adultery at or about the time of the
she allegedly had intercourse with Antonio Macadangdang. Elizabeth conception of the child, but there was no physical impossibility of access
alleges that due to the affair, she and her husband separated in 1967. between her and her husband as set forth in Article 255, the child is prima
 October 30, 1967 (7 months or 210 days after the illicit encounter) – she facie presumed to be illegitimate if it appears highly improbable, for ethnic
gave birth to a baby boy who was named Rolando Macadangdang in reasons, that the child is that of the husband. For the purposes of this
baptismal rites held on December 24, 1967. article, the wife's adultery need not be proved in a criminal case
 April 25, 1972 – Elizabeth filed a complaint for recognition and support  During the initial 120 days of the 300 which preceded the birth of the child,
against Rolando. there was no concrete or substantial proof that was presented to establish
 February 27, 1973 – lower court dismissed the complaint. physical impossibility of access between Elizabeth and Crispin.
 Court of Appeals reversed the decision of the lower court. They ruled that  Elizabeth and Crispin continued to live in the same province, therefore
minor Rolando to be an illegitimate son of Antonio Macadangdang. A there is still the possibility of access to one another.
motion for reconsideration was filed but it was denied.  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
Issues: legitimate child of the spouses. (note the baby was not premature). This
1. WON the child Rolando is conclusively presumed the legitimate child of the presumption becomes conclusive in the absence of proof that there was
spouses Elizabeth Mejias and Crispin Anahaw. YES physical impossibility of access between the spouses in the first 120 days
 The separation of Elizabeth and Crispin was not proven. The finding of the of the 300 which preceded the birth of the child.
court of appeals that Elizabeth and Crispin were separated was based  The presumption of legitimacy is based on the assumption that there is
solely on the testimony of the wife which is self-serving. Her testimony is sexual union in marriage, particularly during the period of conception.
insufficient without further evidence.  In order to overthrow the presumption it must be shown beyond
 Tolentino vs. De Jesus – Court held that the findings of facts by the Court reasonable doubt that there was no access as could have enabled the
of Appeals in conclusive on the Supreme Court, unless: (complete list see husband to be the father of the child. Sexual intercourse is to be
p. 80) presumed when personal access is not disproved.
o Judgement is based on a misapprehension of facts  Policy of law is to confer legitimacy upon children born in wedlock when
o The findings of fact of the Court of Appeals are contrary to those access of the husband at the time of the conception was not impossible
of the trial court and there is the presumption that a child so born is the child of the
o When the findings of facts of the Court of Appeals is premised on husband and legitimate even though the wife was guilty of infidelity during
the absence of evidence and is contradicted by evidence on the possible period of conception.
record.
 Art. 225 of the CC provides that : Children born after one hundred and 2. WON the wife may institute an action that would bastardize her child
eighty days following the celebration of the marriage, and before three without giving her husband, the legally presumed father, an opportunity to
be heard. NO
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 Only the husband can contest the legitimacy of a child born to his wife. 2. No, because this is an action to claim inheritance of the respondents as legal
 The right to repudiate or contest the legitimacy of a child born in wedlock heirs of their childless deceased aunt. They do not claim that Violeta is n
belongs only to the alleged father, who is the husband of the mother and illegitimate child of the deceased, but that she is not the decedent’s child at all.
can be exercised only by him or his heirs, within a fixed time, and in Being neither a legally adopted child, nor an acknowledged natural child, nor a
certain cases, and only in a direct suit brought for the purpose. child by legal fiction of Dra Esperanza Cabatbat, Violeta is not a legal heir of
the deceased. Petition denied.
Chua Keng Giap vs. IAC (separate)
TAN v. TROCIO
Cabatbat-Lim v Intermediate Appellate Court (1988) 191 SCRA 764 (1990)
Petition for certiorari to review the decision of the then IAC.
Facts:
FACTS: School owner and directress, Felicidad Bariñan Tan filed a complaint seeking
This is a contest over the estate of the late Dra Esperanza Cabatbat. The petitioner disbarment of Atty. Galileo Trocio for immorality and conduct unbecoming of a
is Violeta Cabatbat Lim who claims to be her only child and respondents are the lawyer.
sisters of the doctor and the children of her deceased brothers. 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.
Petitioner Violeta, her husband Lim Biak Chiao and the Calasiao Bijon Factory assail And as a result, she begot a son whom she named Jewel Tan.
IAC’s and TC’s decision finding her not to be the offspring of the Doctor and hence, She further alleged that he used to support Jewel but subsequently lost interest
not a legal heir of the late Dra Cabatbat. and stopped.
She claimed she filed the complaint only after 8 years from the incident because of
Respondents allege that Violeta is merely a ward (ampon) of the sps Esperanza and Trocio threatened her with the deportation of her alien husband and due to the fact
Proceso who sheltered and supported her from childhood, w/o the benefit of formal that she was married with eight children.
adoption proceedings. They present as evidence on the non-filiation of Violeta the Trocio files his answer stating that he was indeed counsel of the school as well as of
ff: Tan and her family but denies he sexually assaulted her.
1. Absence of any record that Esperanza was admitted to the hospital where The lower Court and the Solicitor General completed the required pleadings and
Violeta was born on the day of her birth thus forwarded the case to the SC
2. Absence of birth cert of Violeta in the files of certs of live births in the hosp
from 1947-48 Issue: WON he had, in fact, sexually assaulted the Complainant, as a consequence
3. Cert of the Civil Registrar Gen saying that his office has no birth record of of which the latter begot a child by him (and is thus a ground for Trocio’s
Violeta disbarment for immoral conduct)
4. Cert from Violeta school that in her files, the sps were listed only as guardians
and not as parents Held: Complaint for disbarment dismissed
5. Testimony of one Amparo Reside who was at the hosp at the time of Violeta’s The court found insufficient basis for the allegations
birth and that she met a patient named Benita Lastimosa who gave birth to a The alleged threat to deport her husband could not hold because she admitted
baby girl who grew up to be known as Violeta Cabatbat. having lost contact with her husband when he learned of the respondent’s
transgression that very same evening. The fear had thus become inexistent
Petitioner denied the allegations and presented her birth record stating that she is Even after the alleged incident, she continued having dealings with the respondent
the legitimate child of the sps. and her marriage contract wherein Esperanza —with Trocio acting as her personal and family’s legal counsel—as though nothing
appeared as her mother and a Deed of Abs Sale wherein she was assisted and happened.
represented by her father Proceso. Complainant’s contention that Respondent continued supporting the child for
several years for which reason she desisted from charging him criminally, has not
ISSUES: been substantiate. In fact, the fact that she kept her peace for so many years can
1. WON TC’s and CA’s finding that Violeta is not born of Esperanza Cabatbat is even be construed as condonation. It is likewise strange that an unwanted son, as
conclusive on the Supreme Court the child would normally have been, should, of all names, be called “Jewel.”
2. WON complaint is an action to impugn legitimacy and Art 263 CC can be Witness, Elueteria’s (domestic help) testimony did not hold as how near she was to
applied the crime scene, considering it allegedly happened in school premises, has not been
shown.
HELD: Testimonies of Felicidad and witness Marilou (another domestic help) to show
1. Yes, the factual findings of the courts are entitled to great respect. Moreover, unusual closeness between Trocio and Jewel, like playing with him and giving him
the absence of a record of birth of petitioner Violeta in the Office of the Civil toys, are not convincing enough to prove paternity.
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 Violeta’s birth.
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Pictures of Jewel and Trocio showing allegedly their physical likeness to each other not the father of a particular child. But group blood testing cannot show
is inconclusive evidence to prove paternity, and much less would it prove violation of only a possibility that he os.
Complainant’s person
More importantly, Jewel Tan was born during the wedlock of Complainant and her Benitez-Badua vs. CA
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 DE APARICIO v. PARAGUYA
has not been overcome by adequate and convincing proof. In fact, Jewel was Appeal from the judgment of CFI Bohol (1987)
registered in his birth certificate as the legitimate child of the Felicidad and her
husband, Tan Le Pok. FACTS:
Trinidad Montilde had a love affair w/ Rev Fr Felipe Lumain, a priest, and in the
People vs. Tumimpad [August 19, 1994] process she conceived. When she was 4 mos pregnant, in order to conceal her
Appeal from a decision of the RTC of Oroquieta City 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
Facts:
days or 6 mos after the marriage.
 Moreno L. Tumimpad and Constable Ruel C. Prieto are charged with the
crime of rape. In Oct 1936, Fr Lumain died but he left a last will & testament wherein he
 Sandra Salcedo – 15 years old, had a mind of a five year old child acknowledged Consolacion as his daughter and instituted her as the sole and
 Four security men were assigned to her father, two of whom are Ruel Prieto universal heir of all his property rts & interests. This was duly probated in CFI and
and Moreno Tumimpad. on appela was affirmed by the CA.
 August 7, 1989 – Sandra complained of constipation. She was brought to
a doctor and was given medication. Her condition did not improved After reaching age of majority, daughter Consolacion filed an action in CFI against
 August 8, 1989 – when she saw Tumimpad coming out from the kitchen one Hipolito Paraguya for the recovery of certain parcels of land she claims to have
she told her mother “Mama, patayin mo ‘yan, bastos” inherited from her father, the priest.
 Her brought Sandra to the hospital where she found out that Sandra was
pregnant. Hipolito Paraguya was declared owner of portions A, B, H, F and G and all its
 January 11, 1990 – Sandra gave birtb to a baby boy who was named improvements. The land in question is portion G. Hipolito assails also that
Jacob. Consolacion is not a natural child of the late Fr Lumain.
 Sandra was able to pick the pictures of Tumimpad and Prieto. During a
police line-up she pointed to the accused. 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
 During trial the accused moved that a blood test, both “Major Blood
presumption that plaintiff is the daughter of the sps Anastacio and Trinidad.
Grouping Test” and Pheno Blood Typing” be conducted on the offended
However, this was disputable and Trinidad successfully overcame it.
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 Consolacion is therefore the natural child of Fr Lumain and she is entitled to claim
type “B”, Prieto type “A” and Tumimpad type “O”. the disputed property, she having been instituted in the will as universal heir.
 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 ISSUES and RATIO:
the child Jacob. WON Consolacion is the natural child of Lumain and if so, WON she is entitled to the
possession of Portion G.
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. SC finds it unnecessary to determine the paternity of appellee Consolacion. As Fr
NO Lumain died w/o any compulsory heir, Consolacion is therefore his lawful heir as duly
instituted in his will.
Ratio:
 It was proven that they were not always with Col. Salcedo. There were One who has no compulsory heirs may dispose by will all of his estate or any part of
instances that they would even play with Sandra. Based on this it is not it in favor of any person having capacity to succeed.
physically impossible for the accused to have access to Sandra.
 Tumimpad argued that his conviction was erroneously based on the Portion G and its improvement declared to be owned by Consolacion. No award of
medical finding that he and the victim have the same blood type “O” moral damages to be given to Hipolito for Consolacion was acting in her belief that
she was legal heir of the land. Judgment affirmed.
 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
Constantino vs. Mendez (separate)
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MENDOZA V. MELLA 2. WON they may claim ownership by adverse possession for more than
17 SCRA 788 (1966)
10 years
NO, in view of the factual findings by CA that their possession of the disputed
Facts:
property was by tolerance on the part of Paciano and consequently was not adverse,
lot No. 3390-B of the Sorsogon cadastre was owned originally by Paciano Pareja, at least prior to the sale to Mella in 1948. Thereafter only 7years had elapsed when
who donated it in 1939 to his son Gavino. complaint for recovery of possession was filed against them.
Gavino disappeared in 1943 and has not been heard of since. CA held that he died
that same year. Held: judgment appealed from is affirmed
At the time of his disappearance, he was living with his common-law wife Catalina
Mendoza and their son Rodolfo (petitioners) Lim vs. Court of Appeals [July 18, 1975]
In 1948 Paciano sold the lot to Temistocles C. Mella, who notified petitioners in Petition for Ceertiorari to review the decision of the Court of Appeals
1952 to vacate the same.
Notice to vacate went unheeded, whereupon Mella commenced this action in 1955 Facts:
on the basis of the deed of sale by Paciano in his favor  1962 – Felisa Lim brought suit against Francisco Miguel Romualdez Uy
Petitioners claim ownership for Rodolfo, first on the ground of succession from his Chen Hong for the declaration of nullity of the affidavit Uy executed in
father Gavino, and secondly by adverse possession for more than 10 years. which he adjudicated to himself, as the only son and heir of Susana Lim.
(Property 120 square meters located in Tayabas)
Issues:  Uy and Lim claims that they inherited , to the exclusion of each other, the
1. WON Rodolfo may be considered as an acknowledged natural child and property in question from Susana Lim.
thus entitled to successional rights.  Lim claims that she is the natural daughter of Susana and she presented
NO. CA had negatively resolved this issue on 2 grounds: her baptismal certificate which stated the her mother was Susana. She
oOnly evidence on the matter is his birth certificate, which CA held is not proof also presented her marriage contract wherein Susana gave consent to the
of acknowledgment; and marriage of Felisa.
oThere is no showing that Rodolfo's parents could have married each other  Uy claims that he is the only son and heir of Susana. He presented his
when he was conceived. application form for alien registration which stated that his mother was
The SC held that only the 1st ground need be resolved. Susana, order of the BOI cancelling his alien registration because his
The birth certificate was disregarded by the CA since the system of civil registry mother was a Filipina and his identification certificate which describes him
provided in the old Civil Code (Title XII) was never established in this country and as the son of Susana.
thus Art. 131 (The acknowledgement of a natural child must be made in the record  November 22, 1967 – court ruled that Felisa Lim as the daughter and only
of birth, in a will, or in some other public document) insofar as it referred to heir of Susana Lim
acknowledgment in the record of birth, never became effective.  Uy filed a motion for reconsideration and new trial but the court denied it.
It should be noted, however, that a Civil Registry Law was passed in 1930 (Act No.  Uy appealed to the court of appeals and it ruled that neither Felisa Lim nor
3753) containing provisions for the registration of births, including those of Uy is entitled to the inheritance because neither had either of them been
illegitimate parentage; and the record of birth under such law, if sufficient in recognized by Susana Lim as her child by any means provided for by law;
contents for the purpose, would meet the requisites for voluntary recognition even and neither had either of them been declared in a judicial proceeding to be
under Art. 131. the child of Susana Lim.
Since Rodolfo was born in 1935, after the registry law was enacted, the question  They both assailed the decision of the court of appeals. Lim alleges that
here really is whether or not his birth certificate, which is merely a certified copy of Susana Lim’s consent to her marriage, given pursuant to Act 3613 and
the registry record, may be relied upon as sufficient proof of his having been recognition on the part of Susana Lim that she is her natural daughter.
voluntarily recognized. She also contended that the records in the office of the Local Civil Registrar
The SC held that no such reliance may be placed upon it. While it contains the pertaining to her marriage license, together with the supporting papers
names of both parents, there is no showing that they signed the original, let alone which included the consent given by Susana Lim, were destroyed during
swore to its contents as required in Sec. 5 of Act No. 3753. the liberation. She asserts that the marriage contract is a public
For all that might have happened, it was not even they or either of them who document.
furnished the data to be entered in the civil register. Petitioners say that in any  Guadalupe Uy contended that her husband purchased the property in
event the birth certificate is in the nature of a public document wherein voluntary question with his own money prior to his mother’s death and took
recognition of a natural child may also be made, according to the same Article 131. conveyance and title thereof. His mother gave him a little money to
True enough, but in such a case there must be a clear statement in the document complete the purchase price.
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 Issues:
voluntary recognition is without basis. 1. WON Felisa Lim is entitled to the inheritance. NO
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 Felisa Lim alleges that she was recognized by Susana Lim during 1943  The judge ruled against Lorenza, saying that she was no able to prove her
which means that it was during the effectivity of the Civil Code of 1889. allegations and, therefore, not entitled to the estate of the deceased.
Sec. 131 of CC of 1889 requires that the recognition of a natural child be  De Jesus spouses appealed
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 OPPONENTS’ ALLEGATION:
public official, with formalities required by law. The two classes of public
documents are:
 That she was the legitimate daughter, born in lawful wedlock, of Tranquilino
Sombillo y Ignacio and Magdalena Carreon as proven by:
o Executed by private individuals which must be authenticated by
1. uninterrupted enjoyment of status as a legitimate child; and
notaries (MARRIAGE CONTRACTS WOULD FALL UNDER THIS
2. her baptismal certificate, which states her parents as Tranquilino Sombillo
CATEGORY)
and Magdalena Carreon
o Those issued by competent public officials by reason of their office
 And, as such, she is a forced heiress of the deceased
 Marriage contract presented by Felisa does not satisfy the requirements of
solemnity prescribed by article 131 of the CC of 1889. There was no ISSUE: W/N Lorenza Sombillo de Jesus is the legitimate daughter of Magdalena
intervention of a notary. Carreo and, consequently, entitled to 2/3 of the estate left by the
 The marriage contract is a mere declaration by the contracting parties, in deceased.
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 HELD: No. Lorenza was not able to sufficiently establish her filiation and, thus,
signature or mark by the said contracting parties and the said witnesses, cannot be considered a forced heiress of the deceased.
and attested by the person solemnizing the marriage.
2. WON Uy is entitled to the inheritance. NO LEGAL BASES:
 The title is in the name of Susana Lim, and oral testimony cannot A. Civil Code
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 ART. 115. The filiation of legitimate children is proven by the record of the birth,
and takes conveyance thereof in the name of another. The property is held entered in the civil registry, or by an authentic instrument, or a final
on a resulting trust in favour of the one furnishing the consideration for the judgment in the cases referred to in articles 110 to 113 of the preceding
transfer unless a different intention or understanding appears. chapter.
 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 ART. 116. In the absence of the documents mentioned in the preceding article,
evidence regarding the purchase by her husband is altogether filiation shall be proven by the uninterrupted enjoyment of the status of
unconvincing. a legitimate child.

Mariategui vs. CA (separate)
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
Adriano vs. De Jesus
November 5, 1912 means, provided there is a foundation of proof in writing coming from
both parents, either jointly or severally.
PETITIONER: Florentino Adriano, appointed administrator of the estate of deceased
B. Doctrine:
Magdalena Carreon
OPPONENTS: Lorenza Sombillo de Jesus, alleged legitimate daughter of deceased and
Hipolito de Jesus, her husband 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
FACTS: the person baptized. Though the filiation of legitimate children be proven, as
 Florentino Adriano initiated a proceedings in the CFI of Bulacan in the matter of established by article 115 of the Civil Code, by the record of birth entered in the
the probate will of deceased Magdalena Carreon on November 5, 1985 civil registry, which is analogous to the certificates of baptism issued prior to the
 The will was admitted and Adriano was appointed administrator 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
 Spouses Lorenza and Hipolito opposed, alleging that, as the only surviving
presumption is overcome, the said article of the Code is not violated.
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 REASONING:
daughter and, consequently, an heiress of the deceased by force of law 1. Uninterrupted enjoyment of status of a legitimate child is proven by:
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a. Use of father’s surname; Brooke’s Point, Palawan as a result of which a girl, Desiree May Irader
b. The treatment she received from her father and mother and from her Arquero, was born to the two on May 21, 1989
parents' family; and also  Attached was the birth certificate of the girl indicating her parents to be
c. Her parents' having constantly attended to her support and education. Arquero and Dedjoe. He also presented a copy of the marriage contract
 Eddie P. Arquero vehemently denied the charge of immorality, claiming that
 As found by the trial court, she was not successful in proving these, in fact, in it is “just a mere harassment and a product of complainant’s hatred and
the marriage certificates of Lorenza’s children, it is shown that she uses the extreme jealousy to his wife.” He presented a sworn statement wherein
surname “Carreon” and not “Sombillo” Edwin Acebedo (complainant) acknowledged paternity of a child born out of
wedlock, which documents, respondent claims, support his contention that
 Preponderance of evidence shows she was not the legitimate daughter of
the complaint filed against him is but a malicious scheme concocted by
Sombillo and Magdalena, but the daughter of Torribia Carreon, an unmarried
complainant to harass him. He also said that the complainant was
woman and sister of Magdalena, and an unknown father
cohabiting with another woman.
2. Baptismal and other such canonical certificates are:  February 12, 2001 – judge Fernandez recommended that the complaint be
- conclusive proof only of: dismissed for failure to adduce adequate evidence to show that respondent
i. the baptism administered, is guilty of the charge
ii. in conformity with the rites of the Catholic Church,  December 12, 2001 - Memorandum by the Office of the Court
iii. by the priest who baptized the child Administrator disagreeing with the recommendation of the Investigating
Judge that the case should be dismissed, recommends that respondent be
- But not of the veracity of the declarations and statements contained in the held guilty of immorality and that he be suspended from office for a period
said certificate that concern the relationship of the person baptized, which of one (1) year without pay.
must be prove by some kinds of proofs recognized by law.
Issue: WON Arguero can be suspended due to immorality. YES
- Presumptive evidence susceptible to proofs to the contrary such as:
a. statements found in the certified copies of the marriage certificates of Ratio:
her children, Matias and Guillerma, where it is stated that:  The entry of respondent’s name as father in the baptismal certificate of
i. Lorenza uses the surname “Carreon” and not “Sumbillo,” and Desiree May I. Arquero cannot be used to prove her filiation and, therefore,
cannot be availed of to imply that respondent maintained illicit relations
ii. that she is the natural child of Torribia Carreon and an unknown
with Dedje Irader Acebedo.
father (if there were mistakes in the marriage certificates of her
 A baptismal certificate merely attests to the fact which gave rise to its
children, she could have sought to correct them during the lifetime
issue, and the date thereof, to wit, the fact of the administration of the
of Magdalena Carreon)
sacrament on the date stated, but not the truth of the statements therein
as to the parentage of the child baptized.
b. The will of the deceased:
 Arguero admitted that he had an illicit relationship with the wife of the
i. which expressly states that she has no living descendants since,
complainant
at the time of its writing, her husband and all of their 11 children
were already dead  Arguero justified his pursuing a relationship with complainant’s wife with
ii. did not even make mention of Lorenza, while it mentioned the her the spouses having priorly entered into a settlement with respect to their
son-in-law by her deceased daughter marriage which was embodied in a “Kasunduan”.
 This justification fails because Arguero, being an employee of the judiciary,
- Testimony of Lucio Pahati, who testified that he had seen Toribia Carreon in knows that the Kasunduan has no force and effect because Article 1 of the
a pregnant state and afterwards give birth to a child who was subsequently FC provides: marriage is “an inviolable social institution whose nature,
called Lorenza, and swore that its mother was Torribia and not Magdalena consequences, and incidents are governed by law and not subject to
stipulation.” It is an institution of public order or policy, governed by rules
Acebedo vs Arguero [March 11, 2003] established by law which cannot be made inoperative by the stipulation of
the parties.
Facts:  Republic Act 6713, otherwise known as the Code of Conduct and Ethical
 June 1, 1994 - Edwin A. Acebedo charged Eddie P. Arquero, Process Server Standards for Public Officials and Employees, enunciates the State’s policy
of the Municipal Trial Court (MTC) of Brooke’s Point, Palawan for immorality of promoting a high standard of ethics and utmost responsibility in the
public service
 He alleged that his wife, Dedje Irader Acebedo and respondent unlawfully
and scandalously cohabited as husband and wife at Bancudo Pulot,
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 Although every office in the government service is a public trust, no Confusion indeed might arise with regard to Cynthia’s parentage due to her
position exacts a greater demand for moral righteousness and uprightness surname. But even, more confusion with grave legal consequences could arise if a
from an individual than in the judiciary. change were allowed.
 Arguero’s act of having illicit relations with the complainant’s wife is a Previous decisions allowing children to bear the surname of their respective step-
disgraceful and immoral conduct. fathers even without the benefit of adoption were not similar to the present case.
 Under Rule IV, Section 52A (15) of the Revised Uniform Rules on Based on the precedents cites, the worry of the court is if a child born out of a
Administrative Cases in the Civil Service, an immoral conduct is classified lawful wedlock be allowed to bear the surname of the second husband of the
as a grave offense which calls for a penalty of suspension for six (6) mother, should the first husband die or be separated by a decree of divorce, there
months and one (1) day to one (1) year for the first offense, and dismissal may result a confusion as to his real paternity. In the long run the change may
is imposed for the second offense. Since it is his first offense, his redound to the prejudice of the child in the community. Legal restraints bind the
suspension for six (6) months and one (1) day is in order. 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,
REPUBLIC v. VICENCIO if granted, could trigger much deeper inquiries regarding her parentage.
300 SCRA 138 (1998)
DE ASIS v. CA
Facts: Special civil action in SC. Certiorari. (1999)
Cynthia Vicencio is the daughter of Pablo Castro Vicencio and Fe Esperanza de Vega
Leabres. FACTS:
When Cynthia was a year old, Pablo Vicencio left their conjugal abode after a On Oct 14, 1988, respondent Vircel Andres, in her capacity as mother and legal
marital spat & since then never reappeared nor sent support to his family. guardian of minor Glen Camil Andres de Asis, brought an action for maintenance and
Ernesto Yu came to the aid of Fe and her children 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
Fe was successful in her petitions for dissolution of their conjugal partnership, for
demands.
change of name (to drop the surname of her husband) and for the declaration of
Pablo as an absentee Manuel denied his paternity and therefore, he cannot be required to provide support
Fe and Ernesto Yu eventually married for him.
Cynthia now files present petition for change of surname, from Vicencio to Yu
In July 1989, Vircel, through a manifestation, as well as Manuel both agreed to move
Issue: WON Cynthia may be allowed to change her surname to that of her step- for the dismissal of the case.
father's surname.
However, in Sept ’95, Vircel again filed a similar complaint as the legal guardian of
Held: NO. decision of the CA reversed Glen against Manuel. This time, she asked for a monthly support of not less than
Cynthia asserts that her case falls under one of the justifiable grounds cited in Rep. PhP2K for the previous mos since June 1, 1987 and another monthly allowance of
v. Hernandez. She says that confusion has arisen as to her parentage because ever PhP5K paid before the 5th of every month.
since childhood, Ernesto Yu has acted as her father, assuming duties of rearing,
caring and supporting her. 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
SolGen however argues that there is no proper & reasonable cause to warrant further asserts that through the previous manifestation of Vircel, w/c binds the
private respondent's change of surname. Such change might even cause confusion complainant, admitted the lack of filiation needed and therefore obligation to give
and give rise to legal complications due to the fact that private respondent's step- support ceases.
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" TC ruled that res judicata is inapplicable in an action for support for the reason that
daughter. In his memorandum, he opines that "Ernesto Yu has no intention of renunciation or waiver of future support is prohibited by law.
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 ISSUE: WON CA acted w/ GADALEJ1 in upholding the denial the motion to dismiss and
Yu could very easily be achieved by adoption, he has not opted for such a remedy.” holding that an action for support cannot be barred by res judicata
Court sided with the SolGen’s contention, arguing that Cynthia is the legitimate
offspring of Fe and Pablo and a legitimate child generally bears the surname of his HELD: NO, for the right to receive support can neither be renounced nor transmitted
or her father. to a third person as per Art 301 CC. Also, future support cannot be the subject of a
It must be stressed that a change of name is a privilege, not a matter of right, compromise as in Art 2035.
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. 1
GADALEJ – Grave abuse of discretion amounting to lack or excess of jurisdiction
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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 respondent’s 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.