G.R. No. 15756 ; February 15, 1922
Sinforoso de Gala, plaintiff-appellant, vs. Pedro de Gala et al., defendants. Josefa Alabastro and Generoso de Gala, appellees.

FACTS

Sinforoso de Gala filed an action to compel Pedro de Gala to recognize him as his natural son, alleging uninterrupted possession of that status justified by the conduct of Pedro and his family. Pedro denied the claim. The trial court dismissed the complaint. Pedro died during the appeal, and his surviving spouse Josefa Alabastro and legitimate son Generoso de Gala were substituted as appellees. The appellant assigned errors, including the trial court’s refusal to admit Exhibit C (stenographic notes from a prior election case where Generoso testified that Sinforoso was his brother) and its finding that the facts were similar to Buenaventura vs. Urbano and did not show uninterrupted possession of the status of a natural child.

ISSUE

Whether the trial court erred in not admitting Exhibit C and in finding that Sinforoso de Gala was not in the uninterrupted possession of the status of a natural child of Pedro de Gala.

RULING

Yes. The Supreme Court reversed the trial court’s judgment. Exhibit C, containing Generoso’s testimony that Sinforoso was his brother, was admissible as it was a “conduct” of a family member tending to confirm the claimed status. While a single act is insufficient by itself, it contributes to proving a series of acts indicative of the father’s intention to acknowledge the child. The facts, examined under the applicable law (Ley de Toro, as the plaintiff was born before the Civil Code), showed that Pedro de Gala had tacitly and expressly recognized Sinforoso as his natural child. This was evidenced by Pedro providing sustenance, paying for Sinforoso’s education, having him use the “de Gala” surname in school, and treating him as a son in various instances over many years. The defendant’s later disavowal did not divest the previously vested right to recognition. The Court ordered the appellees to recognize Sinforoso de Gala as the natural son of the deceased Pedro de Gala.