GR L 10474; (March, 1916) (Digest)
G.R. No. L-10474; March 29, 1916
FRANCISCO OSORIO Y GARCIA, plaintiff-appellee, vs. SOLEDAD OSORIO and VICENTE FERNANDEZ, defendants-appellants.
FACTS:
Plaintiff-appellee Francisco Osorio y Garcia filed a complaint in the Court of First Instance of Cavite, alleging that he is the natural son of the deceased Francisco Osorio y Reyes. He claimed continuous possession of the status of a natural child, evidenced by direct acts of his father and his father’s family. He sought to be recognized as such by the defendant Soledad Osorio, the legitimate daughter and heir of Francisco Osorio y Reyes, and to receive his corresponding share in his father’s estate, which was in Soledad’s possession. The defendants denied the allegations, asserting that the deceased never performed any act of recognition in a public document or will.
The trial court ruled in favor of the plaintiff, declaring him a natural, recognized son of Francisco Osorio y Reyes and ordering the defendants to recognize him as such, entitling him to share in the estate. The defendants appealed.
ISSUE:
Whether Francisco Osorio y Garcia is entitled to be judicially declared a natural, recognized son of Francisco Osorio y Reyes, entitled to the rights appurtenant to such status.
RULING:
Yes. The Supreme Court affirmed the trial court’s judgment.
The Court held that the plaintiff, born to a widower (Francisco Osorio y Reyes) and an unmarried woman (Consolacion Garcia y Morillo), is a natural child under Article 119 of the Civil Code. Recognition of a natural child can be established by continuous possession of status, which was proven in this case by clear and convincing evidence:
1. The baptismal certificate explicitly identified the plaintiff as the “natural son” of Francisco Osorio y Reyes and Consolacion Garcia.
2. The plaintiff’s father supported him and his mother during his lifetime.
3. The plaintiff’s paternal aunt and grandparents treated him as a relative (nephew/grandson) and supported him, especially after his father’s death.
4. The plaintiff’s grandfather, in his last will and testament, expressly referred to him as “my grandson, Francisco Osorio y Garcia, a natural son of my son Francisco Osorio, deceased,” and bequeathed him property.
These acts collectively constitute continuous possession of the status of a natural, recognized child. Since the defendants did not properly except to the order denying their motion for a new trial, the Supreme Court could not review the evidence anew and thus found no reason to disturb the trial court’s factual findings and conclusions. Therefore, the plaintiff is entitled to recognition and to his legal share in his father’s estate.
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