GR 29759; (May, 1989) (Digest)
G.R. No. 29759 May 18, 1989
NATIVIDAD DEL ROSARIO VDA. DE ALBERTO, et al., petitioners, vs. THE HON. COURT OF APPEALS and ANTONIO J. ALBERTO, JR., et al., respondents.
FACTS
This case originated from a complaint for acknowledgment and partition filed by the minor Antonio J. Alberto, Jr., through his mother Andrea Jongco, against Natividad del Rosario Vda. de Alberto and her children. The plaintiff alleged he was the natural child of the deceased Antonio C. Alberto, born from the latter’s relationship with Andrea Jongco in 1942. He claimed continuous recognition and support from his father, even after the father married Natividad in 1944. Upon the father’s death in 1949, Natividad instituted intestate proceedings, deliberately omitting the plaintiff as an heir, leading to the estate’s adjudication solely to the petitioners. The plaintiff asserted he only discovered this omission recently, prompting his suit for acknowledgment and recovery of his hereditary share.
The petitioners moved to dismiss the complaint on grounds of res judicata, prescription, and laches, arguing the finality of the prior intestate proceedings barred the action. The trial court initially denied the motion to dismiss but, after trial on the merits, rendered a decision dismissing the complaint. It found the evidence insufficient to prove the plaintiff’s filiation and acknowledgment by the deceased. The Court of Appeals reversed this decision, declaring the plaintiff an acknowledged natural child entitled to a one-fifth share of the estate, subject to the widow’s usufruct. The petitioners sought review by the Supreme Court.
ISSUE
The primary issues were: (1) whether the action was barred by res judicata due to the prior intestate proceedings; (2) whether the action had prescribed; and (3) whether the Court of Appeals erred in reversing the trial court’s factual findings on filiation and acknowledgment.
RULING
The Supreme Court reversed the Court of Appeals and reinstated the trial court’s decision. On the procedural issues, the Court held that res judicata did not apply because the plaintiff, not being a party to the earlier intestate proceedings and allegedly omitted through fraud, could not be bound by that judgment. Furthermore, an action for acknowledgment, being imprescriptible, was not barred by prescription. However, the Court found the Court of Appeals committed reversible error in overturning the trial court’s factual conclusions.
The Supreme Court emphasized the fundamental rule that factual findings of the trial court are entitled to great weight and should not be disturbed on appeal absent strong and cogent reasons, as the trial court is in a better position to assess witness credibility and evidence. The Court of Appeals had improperly relied on a birth certificate, which was unsigned by the alleged father and thus incompetent evidence of paternity. It also erroneously discredited the testimony of petitioner Natividad regarding her marriage date based on a misapprehension, as the record explained the discrepancy (a secret civil marriage followed by a religious ratification). After a careful review, the Supreme Court found no compelling reason to depart from the trial court’s assessment that the plaintiff failed to prove his status as an acknowledged natural child by the requisite clear and convincing evidence. Consequently, the complaint was properly dismissed.
