GR 181258; (March, 2010) (Digest)
G.R. No. 181258, March 18, 2010
BEN-HUR NEPOMUCENO, Petitioner, vs. ARHBENCEL ANN LOPEZ, represented by her mother ARACELI LOPEZ, Respondent.
FACTS
Respondent Arhbencel Ann Lopez, represented by her mother Araceli Lopez, filed a complaint for recognition and support against petitioner Ben-Hur Nepomuceno. Arhbencel, born on June 8, 1999, claimed to be the illegitimate child of petitioner from an extramarital affair with Araceli. She relied primarily on a handwritten note dated August 7, 1999, wherein petitioner undertook to provide her with financial support of ₱1,500 every 15th and 30th of the month, but which did not contain any statement acknowledging paternity. Petitioner denied paternity and claimed he was forced to execute the note due to threats. The Regional Trial Court initially granted support pendente lite but later dismissed the case upon demurrer to evidence, finding insufficient proof of filiation. The Court of Appeals reversed, declaring Arhbencel as petitioner’s illegitimate daughter and ordering increased support. Petitioner filed this Petition for Review on Certiorari.
ISSUE
Whether the handwritten undertaking to provide financial support, without any statement acknowledging paternity, constitutes sufficient evidence to establish Arhbencel’s illegitimate filiation to petitioner and entitle her to support.
RULING
No. The Supreme Court granted the petition, set aside the Court of Appeals Decision, and reinstated the RTC Order dismissing the complaint for insufficiency of evidence. The Court held that the handwritten note, which merely contained an undertaking to provide financial support but lacked any categorical admission of filiation, is not within the ambit of Article 172(2) in relation to Article 175 of the Family Code, which requires an admission of filiation in a private handwritten instrument signed by the parent concerned. The note, being not notarized and unaccompanied by an admission of filiation, cannot be accorded the same weight as the notarial agreement to support referenced in the jurisprudence of Herrera v. Alba. The Certificate of Birth, unsigned by petitioner, also had no probative value. Absent clear and convincing evidence establishing illegitimate filiation, Arhbencel’s claim for support under Article 195(4) of the Family Code must fail. The Court balanced the child’s interests against the disturbance unfounded paternity suits cause to the putative father’s legitimate family.