Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1960 > October 1960 Decisions > G.R. No. L-15707 October 31, 1960 - JESUS GUARIÑA v. AGUEDA GUARIÑA-CASAS

109 Phil 1111:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-15707. October 31, 1960.]

JESUS GUARIÑA, DOLORES GUARIÑA, and the late AMANDO GUARIÑA, survived by ELAVIA, MANUEL I, MANUEL II, and RAMON, all surnamed GUARIÑA, plaintiffs and appellants, v. AGUEDA GUARIÑA-CASAS, MARIO GUARIÑA, JR., CONCEPCION GUARIÑA, ENCARNACION GUARIÑA-ASCONA, LOURDES GUARIÑA-MADRID and AGUEDA DIA VDA DE GUARIÑA, defendants and appellees.

Alden Gajo for Appellants.

Ruben C. Judit for Appellees.


SYLLABUS


NATURAL CHILDREN; VOLUNTARY ACKNOWLEDGMENT; LACK OF JUDICIAL APPROVAL, EFFECT OF. — Voluntary acknowledgment of natural children made in a public instrument is enforceable even if the instrument is not approved by the Court. The judicial approval of the instrument is meant for the benefit of the minor which the latter may raise of waive.


D E C I S I O N


BENGZON, J.:


In May, 1956, the plaintiffs sued the widow and the legitimate children of Mario Guariña, Sr., demanding partition of the properties left by the latter, who had died intestate in 1935. They alleged they were acknowledged illegitimate children and grandchildren of the said Mario Guariña, Sr.

The defendants, among other defenses, denied the asserted relationship.

After hearing the evidence for the plaintiffs, the court of first instance of Sorsogon dismissed the case, upon motion of defendants. The documents presented, it said, were legally insufficient to prove acknowledgment of paternity by the deceased.

Wherefore, this appeal was perfected in due time, and submitted to the Court of Appeals. However, that court forwarded the record here inasmuch as no factual controversy existed.

In support of their contention, plaintiffs presented Exhibits B, C and D — all in the Spanish tongue. No one doubts their authenticity. Exh. C, dated "Sorsogon, Octubre 1902" is a compromise agreement in a case between Mario Guariña 1 on one side and Eduvigis Huertas and her parents Cipriano Huertas, and Saturnina Gualtero on the other, in the court of first instance of Sorsogon. It contains several paragraphs. In the first, Mario acknowledged as his natural children, those born of Eduvigis named Amando, Jesus and Dolores and promised to make the formal acknowledgment as soon as possible. In the second, Mario agreed to pay (for fifteen years) a monthly pension of $6.66 to such children, through the Clerk of Court of First Instance or such other person as may be designated by the Judge thereof. In the third, he donated to Eduvigis and said three children, a parcel of land in Juban same province, valued at 500 Mexican pesos "and in case this valuation should prove to be excessive in the opinion of such experts as the Hon. Judge should designate, I (Mario) promise to pay the difference." The fourth says this: "Para satisfacer todas las reclamaciones atrazadas de cualquier concepto, incluyendo la pension atrazada y demas gastos y perjuicio, el referido Mario se compromete a pagar dentro de SESENTA dias (60) de firmado el presente convenio, la cantidad de DOSCIENTOS CINCUENTA MEX. (250.00)." Other provisions referred to a bond which Mario offered to furnish, and his right to the custody of the children should Eduvigis contract marriage within 15 years. The agreement was signed by the above - mentioned parties, and by Hon. A. C. Carson, then presiding judge of Sorsogon, later an honored member of this Court for some time.

In the third page of said Exh. C, Judge A. C. Carson, appointed on October 30, 1902, commissioners to appraise the land donated by Mario, and designated the justice of the peace of Juban to receive, for Eduvigis, the monthly pensions agreed upon.

Exh. B is a notarial document dated February 18, 1903, whereby Mario Guariña expressly acknowledged as his natural children: Amando, baptized January 22, 1899; Jesus, baptized December 23, 1899 and Dolores, baptized October 21, 1902. 2

Exh. D is a document signed by Mario Guariña in the presence of two witnesses whereby he transferred to Eduvigis and her children (of both) another piece of land because the one he had ceded through Exh. C turned out to be less than 500 Mexican pesos according to the experts. It is dated June 7, 1903.

The trial judge, examining Exh. B, found that on the date thereof the three children were minors. And in the light of Art. 133 of the Civil Code providing that "the approval of the court shall be necessary to the acknowledgment of a minor, unless such acknowledgment be made in a certificate of birth or in a will," he held the acknowledgment to be insufficient due to lack of judicial approval (of Exh. B)

In so doing, he obviously took a restricted view of the documents before it. He failed to give effect to Exh. C which was an agreement (submitted to the court to terminate a case there pending), whereby Mario Guariña acknowledged Amando, Jesus and Dolores as his natural children, and promised to give them financial support. The document is signed by the judge, which means approval thereof. In fact, the same judge took other steps to implement the agreement 3 , like designating the experts and directing the justice of the peace of Juban to receive the monthly pensions.

If anything, the act of Judge A. C. Carson meant tacit approval of the agreement and, consequently, of the acknowledgment of the children, which was evidently the principal theme thereof. Considering our pronouncements in Castelltort v. Pasion, 68 Phil., 224, the liberality of the Code towards voluntary recognition 4 and the purpose of the New Civil Code further to liberalize voluntary recognition, "so that natural children may not suffer," 5 we hold that the documents exhibited below satisfy substantially the requisites of Arts. 131 and 133 of the Civil Code. Besides, in line with our views in Apacible v. Castillo, 74 Phil., 589, the lack of judicial approval — supposing there was none under Art. 133 — is no obstacle to the enforcement of the acknowledgment made by Mario Guariña.

It will be noted that Art. 133 reads as follows:jgc:chanrobles.com.ph

"ART 133. An adult person may not be acknowledged as a natural child without his consent.

The approval of the court, to be granted after hearing the prosecuting officer, shall be necessary to the acknowledgment of a minor unless acknowledgment be made in a certificate of birth or in a will.

The minor may in any case contest the acknowledgment within the four years next following the attainment of his or her majority."cralaw virtua1aw library

From the terms of this article, it may be clearly inferred that judicial approval 6 is meant for the benefit of the minor.

Therefore, the lack or insufficiency of such approval, is not a defect available to the recognizing parent, but one which the minor may raise or waive. If after reaching majority, the minor consents to the acknowledgment, the lack of judicial approval should make no difference.

In this case, the plaintiffs after reaching majority, kept the acknowledgment papers, used the Guariña surname, and now claim their rights as acknowledged natural children. 7 Such conduct amounts to consent and cures the absence — if any — of court confirmation. 8

We, therefore, hold that plaintiffs are acknowledged natural children (and grandchildren) of Mario Guariña, Sr., and as such entitled to their legal shares in the properties he left upon his death. The record will be returned to the Sorsogon court for further proceeding in partition. So ordered.

Paras, C.J., Padilla, Bautista Angelo, Labrador, Concepción, Reyes J.B.L., Barrera, Gutierrez David and Paredes, JJ., concur.

Endnotes:



1. Now known a Mario Guariña, Sr.

2. These are the plaintiffs, Amando is dead; but he is represented by his children.

3. There is even this handwritten note on the left margin of the first page of Exh. C. "In my presence the sum of $250.00 mentioned (illegible) was paid to Eduvigis Huertas by (illegible) atty. for Mario Guariña. A. C. Carson."cralaw virtua1aw library

4. Apacible v. Castillo, 74 Phil., 589. 5 Report of Code Commission, p. 87, Padilla, Civil Code, 1956 Ed. Vol. I, p. 484.

6. Intervention of fiscal not needed. This portion of the article repealed. (Willard Notes; Fisher, Civil Code comment under same art.)

7. and

8. Javelona, v. Monteclaro, 74 Phil., 393, 402; Apacible v. Castillo, supra.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






October-1960 Jurisprudence                 

  • G.R. No. L-15709 October 19, 1960 - IN RE: DAMASO CAJEFE, ET AL. v. HON. FIDEL FERNANDEZ, ET AL.

    109 Phil 743

  • G.R. Nos. L-12483 & L-12896-96 October 22, 1960 - NICOLAS JAVIER, ET AL. v. ENRIQUE DE LEON, ET AL.

    109 Phil 751

  • G.R. No. L-15477 October 22, 1960 - REPUBLIC OF THE PHIL. v. VICTORIANO MEDRANO, SR.

    109 Phil 762

  • G.R. No. L-14111 October 24, 1960 - NARRA v. TERESA R. DE FRANCISCO, ET AL.

    109 Phil 764

  • G.R. No. L-14524 October 24, 1960 - FELIX MOLINA v. COURT OF APPEALS, ET AL.

    109 Phil 769

  • G.R. No. L-14625 October 24, 1960 - IN RE: EULOGIO ON v. REPUBLIC OF THE PHIL.

    109 Phil 772

  • G.R. No. L-15192 October 24, 1960 - PNB v. TEOFILO RAMIREZ:, ET AL.

    109 Phil 775

  • G.R. No. L-15275 October 24, 1960 - MARIANO A. ALBERT v. UNIVERSITY PUBLISHING CO., INC.

    109 Phil 780

  • G.R. No. L-16006 October 24, 1960 - PERFECTO R. FRANCHE, ET AL. v. HON. PEDRO C. HERNAEZ, ETC., ET AL.

    109 Phil 782

  • G.R. No. L-11766 October 25, 1960 - SOCORRO MATUBIS v. ZOILO PRAXEDES

    109 Phil 789

  • G.R. No. L-14189 October 25, 1960 - PEOPLE OF THE PHIL. v. EUTIQUIO YAMSON, ET AL.

    109 Phil 793

  • G.R. No. L-15233 October 25, 1960 - JUAN L. CLEMENTE v. COURT OF APPEALS, ET AL.

    109 Phil 798

  • G.R. No. L-15326 October 25, 1960 - SEVERINO SAMSON v. DIONISIO DINGLASA

    109 Phil 803

  • G.R. No. L-15502 October 25, 1960 - AH NAM v. CITY OF MANILA, ET AL.

    109 Phil 808

  • G.R. No. L-16038 October 25, 1960 - AJAX INT’L. CORP. v. ORENCIO A. SEGURITAN, ET AL.

    109 Phil 810

  • G.R. No. L-16404 October 25, 1960 - SAMPAGUITA PICTURES, INC., ET AL. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

    109 Phil 816

  • G.R. No. L-16429 October 25, 1960 - ALEJANDRO ABAO v. HON. MARIANO R. VlRTUCIO, ET AL.

    109 Phil 819

  • G.R. No. L-14079 October 26, 1960 - METROPOLITAN WATER DIST. v. EDUVIGES OLEDAN NIRZA

    109 Phil 824

  • G.R. No. L-14157 October 26, 1960 - NEGROS OCCIDENTAL MUNICIPALITIES v. IGNATIUS HENRY BEZORE, ET AL.

    109 Phil 829

  • G.R. No. L-14724 October 26, 1960 - VICTORINO MARIBOJOC v. HON. PASTOR L. DE GUZMAN, ETC., ET AL.

    109 Phil 833

  • G.R. Nos. L-14973-74 October 26, 1960 - PEOPLE OF THE PHIL. v. JUAN CASUMPANG

    109 Phil 837

  • G.R. Nos. L-15214-15 October 26, 1960 - PEOPLE OF THE PHIL. v. FELIPE C. CRUZ, ET AL.

    109 Phil 842

  • G.R. No. L-11302 October 28, 1960 - PEOPLE OF THE PHIL. v. BENJAMIN P. AGUILAR, ET AL.

    109 Phil 847

  • G.R. No. L-12659 October 28, 1960 - ABELARDO LANDINGIN v. PAULO GACAD

    109 Phil 851

  • G.R. No. L-14866 October 28, 1960 - IN RE: ANDRES ONG KHAN v. REPUBLIC OF THE PHIL.

    109 Phil 855

  • G.R. No. L-15573 October 28, 1960 - RELIANCE SURETY & INS. CO. INC. v. LA CAMPANA FOOD PRODUCTS, INC., ET AL.

    109 Phil 861

  • G.R. No. L-17144 October 28, 1960 - SERGIO OSMEÑA, JR. v. SALIPADA K. PENDATUN, ET AL.

    109 Phil 863

  • G.R. No. L-8178 October 31, 1960 - JUANITA KAPUNAN, ET AL. v. ALIPIO N. CASILAN, ET AL.

    109 Phil 889

  • G.R. No. L-11536 October 31, 1960 - TOMAS B. VILLAMIN v. COURT OF TAX APPEALS, ET AL.

    109 Phil 896

  • G.R. No. L-11745 October 31, 1960 - ROYAL INTEROCEAN LINES, ET AL. v. COURT OF INDUSTRlAL RELATIONS, ET AL.

    109 Phil 900

  • G.R. No. L-11892 October 31, 1960 - PEOPLE OF THE PHIL. v. YAKAN LABAK, ET AL.

    109 Phil 904

  • G.R. No. L-11991 October 31, 1960 - PEOPLE OF THE PHIL. v. PORFIRIO TAÑO, ET AL.

    109 Phil 912

  • G.R. No. L-12226 October 31, 1960 - DAMASO DISCANSO, ET AL. v. FELICISIMO GATMAYTAN

    109 Phil 916

  • G.R. No. L-12401 October 31, 1960 - MARCELO STEEL CORP. v. COLLECTOR OF INTERNAL REVENUE

    109 Phil 921

  • G.R. No. L-12565 October 31, 1960 - ANTONIO HERAS v. CITY TREASURER OF QUEZON CITY

    109 Phil 930

  • G.R. No. L-13260 October 31, 1960 - LINO P. BERNARDO v. EUFEMIA PASCUAL, ET AL.

    109 Phil 936

  • G.R. No. L-13370 October 31, 1960 - IN RE: CHAN CHEN v. REPUBLIC OF THE PHILS.

    109 Phil 940

  • G.R. No. L-13666 October 31, 1960 - FORTUNATO LAYAGUE, ET AL. v. CONCEPCION PEREZ DE ULGASAN

    109 Phil 945

  • G.R. No. L-13677 October 31, 1960 - HUGH M. HAM v. BACHRACH MOTOR CO., INC., ET AL.

    109 Phil 949

  • G.R. No. L-13875 October 31, 1960 - DANIEL EVANGELISTA v. COURT OF AGRARIAN RELATIONS OF ILOILO, ET AL.

    109 Phil 957

  • G.R. No. L-13891 October 31, 1960 - JOAQUIN ULPIENDO, ET AL. v. COURT OF AGRARIAN RELATIONS, ET AL.

    109 Phil 964

  • G.R. No. L-13900 October 31, 1960 - PEOPLE OF THE PHIL. v. BLAS ABLAO, ET AL.

    109 Phil 976

  • G.R. No. L-14174 October 31, 1960 - PHILIPPINE BANK OF COMMERCE v. HIGINIO B. MACADAEG, ET AL.

    109 Phil 981

  • G.R. No. L-14362 October 31, 1960 - PEOPLE OF THE PHIL. v. HERNANI ACANTO, ET AL.

    109 Phil 993

  • G.R. No. L-14393 October 31, 1960 - COLLECTOR OF INTERNAL REVENUE v. CANTILAN LUMBER COMPANY

    109 Phil 999

  • G.R. No. L-14474 October 31, 1960 - ONESIMA D. BELEN v. BANK OF THE PHILIPPINE ISLANDS, ET AL.

    109 Phil 1008

  • G.R. No. L-14598 October 31, 1960 - MARIANO ACOSTA, ET AL. v. CARMELINO G. ALVENDIA, ET AL.

    109 Phil 1017

  • G.R. No. L-14827 October 31, 1960 - CHUA YENG v. MICHAELA ROMA

    109 Phil 1022

  • G.R. No. L-14902 October 31, 1960 - COLLECTOR OF INTERNAL REVENUE v. COURT OF TAX APPEALS

    109 Phil 1027

  • G.R. No. 15086 October 31, 1960 - NARRA v. FELIX M. MAKASIAR, ETC., ET AL.

    109 Phil 1030

  • G.R. No. L-15178 October 31, 1960 - ROSENDA FERNANDEZ, ET AL. v. CATALINO V. FERNANDEZ

    109 Phil 1033

  • G.R. No. L-15234 October 31, 1960 - ANTONIO PIMENTEL v. JOSEFINA GOMEZ, ET AL.

    109 Phil 1036

  • G.R. No. L-15253 October 31, 1960 - IN RE: ODORE LEWIN v. EMILIO GALANG

    109 Phil 1041

  • G.R. Nos. L-15328-29 October 31, 1960 - RUBEN L. VALERO v. TERESITA L. PARPANA

    109 Phil 1054

  • G.R. No. L-15391 October 31, 1960 - BOARD OF DIRECTORS v. DR. LUIS N. ALANDY

    109 Phil 1058

  • G.R. No. L-15397 October 31, 1960 - FELIPE B. OLLADA v. SECRETARY OF FINANCE

    109 Phil 1072

  • G.R. No. L-15434 October 31, 1960 - DIONISIO NAGRAMPA v. JULIA MARGATE NAGRAMPA

    109 Phil 1077

  • G.R. No. L-15459 October 31, 1960 - UNITED STATES LINES COMPANY v. COURT OF INDUSTRIAL RELATIONS

    109 Phil 1081

  • G.R. No. L-15594 October 31, 1960 - RODOLFO CANO v. COURT OF INDUSTRIAL RELATIONS

    109 Phil 1086

  • G.R. No. L-15643 October 31, 1960 - LIGGETT & MYERS TOBACCO CORP. v. ASSOCIATED INSURANCE & SURETY CO., INC.

    109 Phil 1093

  • G.R. No. L-15695 October 31, 1960 - MATILDE GAERLAN v. CITY COUNCIL OF BAGUIO

    109 Phil 1100

  • G.R. No. L-15697 October 31, 1960 - MARIA SALUD ANGELES v. PEDRO GUEVARA

    109 Phil 1105

  • G.R. No. L-15707 October 31, 1960 - JESUS GUARIÑA v. AGUEDA GUARIÑA-CASAS

    109 Phil 1111

  • G.R. No. L-15745 October 31, 1960 - MIGUEL TOLENTINO v. CEFERINO INCIONG

    109 Phil 1116

  • G.R. No. L-15842 October 31, 1960 - DOÑA NENA MARQUEZ v. TOMAS P. PANGANIBAN

    109 Phil 1121

  • G.R. No. L-15926 October 31, 1960 - BERNABE RELLIN v. AMBROSIO CABlGAS

    109 Phil 1128

  • G.R. No. L-16029 October 31, 1960 - STANDARD VACUUM OIL COMPANY v. LORETO PAZ

    109 Phil 1132

  • G.R. No. L-16098 October 31, 1960 - ANDREA OLARTE v. DIOSDADO ENRIQUEZ

    109 Phil 1137

  • G.R. No. L-16160 October 31, 1960 - MAGDALENA SANGALANG v. PEOPLE OF THE PHIL.

    109 Phil 1140

  • G.R. Nos. L-16292-94, L-16309 & L-16317-18 October 31, 1960 - KAPISANAN NG MGA MANGGAGAWA SA MRR., CO. v. YARD CREW UNION

    109 Phil 1143

  • G.R. No. L-16672 October 31, 1960 - ASSOCIATED LABOR UNION v. JOSE S. RODRIGUEZ

    109 Phil 1152