GR L 20607; (October, 1965) (Digest)
G.R. No. L-20607 October 14, 1965
BENJAMIN NAVARRO, represented by his mother, Ceferina S. Navarro, plaintiff-appellant, vs. VICTORIANO BACALLA, defendant-appellee.
FACTS
Benjamin Navarro, a minor represented by his mother, Ceferina S. Navarro, filed a complaint against Victoriano Bacalla for compulsory recognition as a natural child, support, damages, and attorney’s fees. The complaint alleged that Navarro is Bacalla’s son, conceived when both parents were single with no impediment to marry, and that Bacalla refused to recognize and support him. Bacalla denied paternity, alleging the mother had other paramours. The trial court found as a fact that Bacalla had carnal intercourse with Ceferina Navarro, both were single, and plaintiff was born from that relation. However, it dismissed the complaint, ruling the evidence of paternity did not fall under the grounds for compulsory recognition in Article 283 of the New Civil Code. Plaintiff appealed directly to the Supreme Court on a pure question of law.
ISSUE
Whether the evidence presented, specifically the mother’s testimony that the defendant impregnated her and that she had no other affairs during the conception period, constitutes “any evidence or proof” under paragraph 4 of Article 283 of the New Civil Code to compel recognition of a natural child.
RULING
Yes. The Supreme Court set aside the trial court’s judgment. It ruled that the mother’s testimony, admitted without objection and upon which the unappealed finding of paternity was based, falls within the broad scope of “any evidence or proof” under Article 283(4). The Court clarified that the Rules of Court provisions on proving pedigree (exceptions to the hearsay rule) do not preclude proof of relationship by testimonial evidence based on personal knowledge. Since the fact of paternity was established by evidence and no longer disputed by the father, compulsory recognition is in order. The Court ordered defendant to recognize plaintiff as his natural child and to pay support of P40.00 a month, P1,000.00 moral damages, and P500.00 attorney’s fees.