G.R. No. L-21175 July 15, 1968
PASCUALA SOTTO PAHANG, plaintiff-appellee, vs. FILEMON SOTTO, now deceased, substituted by Marcelo Sotto, defendant-appellant.

FACTS

Pascuala Sotto Pahang filed a suit for compulsory recognition as the natural child of Filemon Sotto. The evidence established that in 1909, Filemon Sotto courted Remedios Duterte, resulting in an intimate relationship. Remedios gave birth to a baby girl, Pascuala, on February 9, 1913. Filemon Sotto had her baptized with his mother’s name, Pascuala, hired a nursemaid for her, and later, together with his wife Carmen Rallos, treated Pascuala as their own child, endearingly calling her “Lily.” Filemon Sotto enrolled her in school from 1920 to 1932, paid for her expenses, permitted her to use his surname “Sotto,” and later allowed her and her family to live on his property. He also spent for the education and bar examination fees of Pascuala’s son, Antonio, and the nursing studies of her daughter, Belen. Carmen Rallos referred to Pascuala as her daughter in letters. Cesar Sotto, Filemon’s nephew and protege, recognized Pascuala as his cousin and gave her away at her wedding. Dr. Suga Sotto Yuvienco, a former guardian of Filemon Sotto, also admitted in a pleading that Pascuala was one of Filemon’s children. Filemon Sotto initially opposed the suit but was declared in default for not filing an answer, though the default order was later lifted. The lower court ruled in favor of Pascuala. Filemon Sotto, through a guardian, appealed, arguing the findings were unsupported by evidence, the action was barred by laches, and the proceedings were invalid as they were against his guardians and not him personally.

ISSUE

Whether Pascuala Sotto Pahang should be declared an acknowledged natural child of Filemon Sotto based on continuous possession of status.

RULING

Yes. The Supreme Court affirmed the lower court’s judgment declaring Pascuala Sotto Pahang as the acknowledged natural child of Filemon Sotto. The Court held that the evidence overwhelmingly established her continuous possession of the status of a natural child through the direct acts of Filemon Sotto and his family, as required by Article 283 of the Civil Code. The facts showed she was a natural child, born to parents without any impediment to marry at the time of her conception. Filemon Sotto’s acts—such as naming her, allowing use of his surname, providing education and financial support, and presenting her as his daughter—constituted continuous possession of status. The defense of laches was unavailing because an action for recognition brought during the lifetime of the presumed parent is imprescriptible under Article 285 of the Civil Code. The Court also found no merit in the procedural challenge regarding the suit being against the guardians, as the proceedings were properly conducted.