Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1994 > February 1994 Decisions > G.R. No. 106025 February 9, 1994 - PEOPLE OF THE PHIL. v. CARLOS P. DE GUZMAN:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 106025. February 9, 1994.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CARLOS DE GUZMAN y PANALIGAN, Accused-Appellant.


SYLLABUS


1. CIVIL LAW; FAMILY CODE; PATERNITY AND FILIATION; ACTION TO IMPUGN THE LEGITIMACY OF A CHILD; RULE. — A careful reading of Articles 164, 166, 170 and 171 of the Family Code will show that they do not contemplate a situation, like in the instant case, where a child is alleged not to be the child of nature or biological child of a certain couple. Rather, these articles govern a situation where a husband (or his heirs) denies as his own a child of his wife. Thus, under Article 166, it is the husband who can impugn the legitimacy of said child by proving; (1) it was physically impossible for him to have sexual intercourse, with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child; (2) that for biological or other scientific reasons, the child could not have been his child; (3) that in case of children conceived through artificial insemination, the written authorization or ratification by either parent was obtained through mistake, fraud, violence, intimidation or undue influence. Articles 170 and 171 reinforce this reading as they speak of the prescriptive period within which the husband or any of his heirs should file the action impugning the legitimacy of said child.

2. ID.; ID.; ID.; ID.; ID.; NOT APPLICABLE FOR ACTION TO CLAIM INHERITANCE OF A CHILDLESS DECEDENT. — Doubtless then, the appellate court did not err when it refused to apply these articles to the case at bench. For the case at bench is not one where the heirs of the late Vicente are contending that petitioner is not his child by Isabel. Rather, their clear submission is that petitioner was not born to Vicente and Isabel. Our ruling in Cabatbat-Lim v. Intermediate Appellate Court, 166 SCRA 451, 457 cited in the impugned decision is apropos, viz: "Petitioners’ recourse to Article 263 of the New Civil Code [now Art. 170 of the Family Code] is not well-taken. This legal provision refers to an action to impugn legitimacy. It is inapplicable to this case because this is not an action to impugn the legitimacy of a child, but an action of the private respondents to claim their inheritance as legal heirs of their childless deceased aunt. They do not claim that petitioner Violeta Cabatbat Lim is an illegitimate child of the deceased, but that she is not the decedent’s child at all. Being neither legally adopted child, not an acknowledged natural child, nor a child by legal fiction of Esperanza Cabatbat, Violeta is not a legal heir of the deceased."cralaw virtua1aw library

3. ID.; ID.; ID.; ADOPTION; CANNOT BE VALIDATED BY MERE REGISTRATION OF A CHILD IN BIRTH CERTIFICATE AS THE CHILD OF THE SUPPOSED PARENT. — Appellee’s birth certificate with the late Vicente O. Benitez appearing as the informant, is highly questionable and suspicious. For if Vicente’s wife Isabel, who was already 36 years old at the time of the child’s supposed birth, was truly the mother of that child, as reported by Vicente in her birth certificate, should the child not have been born in a hospital under the experienced, skillful, and caring hands of Isabel’s obstetrician-gynecologist Dr. Constantino Manahan, since delivery of a child at that late age by Isabel would have been difficult and quite risky to her health and even life? How come, then, that as appearing in appellee’s birth certificate, Marissa was supposedly born at the Benitez home in Avenida Rizal, Nagcarlan, Laguna, with no physician or even a midwife attending? At this juncture, it might be meet to mention that it has become a practice in recent times for people who want to avoid the expense and trouble of a judicial adoption to simply register the child as their supposed child in the civil registry. Perhaps Atty. Vicente O. Benitez, though a lawyer himself, thought that he could avoid the trouble if not the expense of adopting the child Marissa through court proceedings by merely putting himself and his wife as the parents of the child in her birth certificate. Or perhaps he had intended to legally adopt the child when she grew a little older but did not come around doing so either because he was too busy or for some other reason. But definitely, the mere registration of a child in his or her birth certificate as the child of the supposed parents is not a valid adoption, does not confer upon the child the status of an adopted child and the legal rights of such child, and even amounts to stimulation of the child’s birth or falsification of his or her birth certificate, which is a public document.

4. ID.; CIVIL REGISTER; BOOKS MAKING UP THE CIVIL REGISTRY AND ALL DOCUMENTS RELATING THERETO ARE CONSIDERED PUBLIC DOCUMENT AND SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS THEREIN STATED. — We sustain the findings in case at bar as they are not unsupported by the evidence on record. The weight of these findings was not negated by the documentary evidence presented by the petitioner, the most notable of which is her Certificate of Live Birth purportedly showing that her parents were the late Vicente Benitez and Isabel Chipongian. This Certificate registered on December 28, 1954 appears to have been signed by the deceased Vicente Benitez. Under Article 410 of the New Civil Code, however, "the books making up the Civil Registry and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein stated." As related above, the totality of contrary evidence, presented by the private respondents sufficiently rebutted the truth of the content of petitioner’s Certificate of Live Birth. Of said rebutting evidence, the most telling was the Deed of Extra-Judicial Settlement of the Estate of the Deceased Isabel Chipongian executed on July 20, 1982 by Vicente Benitez, and Dr. Nilo Chipongian, a brother of Isabel. In this notarized document, they stated the" (they) are the sole heirs of the deceased Isabel Chipongian because she died without descendants or ascendants." In executing this Deed, Vicente Benitez effectively repudiated the Certificate of Live Birth of petitioner where it appeared that he was petitioner’s father. The repudiation was made twenty eight years after he signed petitioner’s Certificate of Live Birth.


D E C I S I O N


PUNO, J.:


Accused-appellant has been in the watch list of the police authorities as a prohibited drug peddler. On two (2) occasions, they tried to entrap him without any success. The third time, however, his luck ran out.chanrobles.com.ph : virtual law library

The third attempt happened on September 23, 1991. PO3 Arnaldo Manzon and Patrolman Eduardo Chiapoco of the Western Police District (WPD) decided to conduct the buy-bust operation against the accused-appellant along Coral and R. A. Reyes Streets, Tondo, Manila. Manzon acted as the poseur-buyer, with Chiapoco as the apprehending officer. 1

The buy-bust operation was conducted at seven thirty (7:30) in the evening. Pat. Manzon posed as a Metro Manila aide. Together with a confidential informant, he casually approached accused de Guzman and asked if he could "score" (buy) a deck of "shabu." Accused de Guzman informed him that a deck would cost fifty pesos (P50.00). Manzon then handed the accused a previously marked P50.00 bill (Exhibit "D"). In exchange, the accused gave him an aluminum foil containing crystalline granules. Manzon scrutinized the contents of the foil and then executed the pre-arranged signal to his companion, Patrolman Chiapoco. The accused was forthwith arrested by Pat. Chiapoco. The accused was frisked and the search yielded four (4) aluminum, foils containing white crystalline granules. 2 They escorted the accused to the WPD Narcotics Office and was turned over to Investigator Pat. Vicente Rodriguez. The latter, in turn, marked the seized articles and requested for its chemical analysis by the WPD Criminal Investigation Laboratory Division. 3 Accordingly, Patrolmen Manzon and Chiapoco executed a Joint Affidavit of Apprehension (Exhibit "E") relating in detail the events leading to the arrest of de Guzman. 4 The chemical analysis report (Exhibit "C") confirmed that the five (5) aluminum foils contained methylamphetamine hydrochloride. 5

Consequently, an Information was filed against Carlos de Guzman y Panaligan for violation of Section 15, Article III of Republic Act 6425, as amended. It reads:jgc:chanrobles.com.ph

"That on or about September 23, 1991, in the City of Manila, Philippines, the said accused, not being authorized by law to sell, dispense, deliver, transport and distribute any regulated drug, did then and there willfully, unlawfully and knowingly sell or offer for sale one (1) deck of aluminum foil containing METHAMPHETAMINE HCl (shabu), which is a regulated drug.chanrobles virtual lawlibrary

"Contrary to law." 6

After the prosecution rested its case, the defense presented its own version of the incident. The accused claimed that he, together with his three-year old son, went to his mother’s house located at #770 Coral Street, Tondo, Manila, to ask for food. On the way, he passed by and talked for a while with their barangay chairman, Manolito Cabigting. Thereafter, Accused proceeded to his mother’s house. While waiting outside her mother’s carinderia, Accused claimed that, for no apparent reason, he was suddenly apprehended by some police officers and brought by force to the police precinct. He was subsequently charged with illegal sale of "shabu." 7 In the meantime, Cabigting went up to his house. Intending to take a bath, he got a towel and a change of clothes. Suddenly, he heard a commotion outside the street. When he looked out of the window, he saw the accused inside a tricycle escorted by police authorities. Later, he found out from the people outside that the accused was apprehended for drug-pushing. 8

After trial, the Regional Trial Court of Manila, Branch 16, 9 rendered a decision finding the accused, Carlos de Guzman y Panaligan, guilty beyond reasonable doubt of the crime of unlawfully selling methamphetamine hydrochloride or "shabu," in violation of Section 15, Article III of Republic Act 6425, as amended, and sentenced him to suffer the penalty of life imprisonment, to pay a fine of twenty thousand pesos (P20,000.00) and to pay the cost.chanroblesvirtualawlibrary

Hence this appeal.

Accused-appellant contends:jgc:chanrobles.com.ph

"ASSIGNMENT OF ERROR

THE TRIAL COURT ERRED IN UPHOLDING THE CREDIBILITY

OF THE POLICEMEN WITNESSES FOR THE PROSECUTION

AND IN CONVICTING THE ACCUSED ON THE BASIS THEREOF."cralaw virtua1aw library

Accused-appellant faults the trial court for favoring the arresting officers with the disputable presumption of regularity in the performance of their official duty. He urges that this presumption no longer subsist for certain irregularities were committed by the two officers in the discharge of their duty, i.e., (1) Chiapoco did not read the Joint Affidavit of Apprehension before signing it; and (2) the police bungled its two (2) previous operations against him.chanrobles virtual lawlibrary

A disputable presumption has been defined as a species of evidence that may be accepted and acted on where there is no other evidence to uphold the contention for which it stands, or one which may be overcome by other evidence. 10 One such disputable/rebuttable presumption is that an official act or duty has been regularly performed. 11 Presumption of this nature is indulged by the law for the following fundamental reasons: first, innocence, and not wrong-doing, is to be presumed; second, an official oath will not be violated; and third, a republican form of government cannot survive long unless a limit is placed upon controversies and certain trust and confidence reposed in each governmental department or agent by every other such department or agent, at least to the extent of such presumption. 12 Thus, this presumption evidences a rule of convenient public policy universally applied and without which great distress would spring in the affairs of men. 13

The presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty. The presumption, however, prevails until it is overcome by no less than clear and convincing evidence to the contrary. Thus, unless the presumption is rebutted, it becomes conclusive. Every reasonable intendment will be made in support of the presumption and in case of doubt as to an officer’s act being lawful or unlawful, construction should be in favor of its lawfulness. 14

In the light of these baseline propositions, we hold that the trial court correctly gave the apprehending officers the presumption of regularity in the performance of their duty. The failure of Pat. Chiapoco to read the Joint Affidavit of Apprehension before signing it is of de minimis importance. This irregularity happened after the buy-bust operation has already been concluded and where accused-appellant was caught in flagrante delicto. On the other hand, the two (2) failed attempts of the police authorities to arrest accused-appellant happened long before the September 23, 1991 buy-bust operation. Evidently, they do not provide any evidence that any irregularity was committed by the police authorities while conducting the September 23, 1991 buy-bust operation against the Accused-Appellant. Moreover, the record is not clear that the two (2) previous attempts to bag the accused-appellant floundered because the police blundered. It is not unusual for the police authorities to mount well-studied operations against criminals but circumstances beyond their control and factors beyond their foresight supervene to frustrate them. The wily ways of criminals are many and not infrequently they are able to momentarily elude the long arm of the law. These temporary setbacks of the police authorities, however, do not provide any justification to deprive them of the disputable presumption of regularity in the performance of official duty.

In the case at bench, what is clearly established is that the drug pushing activities of the accused-appellant have long before been brought to the attention of the police authorities and that accused-appellant had been the subject of a continuing surveillance. There is not an iota of evidence that the police authorities who apprehended accused-appellant had any ill-motive against him. The records clearly show that accused-appellant was finally caught in flagrante delicto selling "shabu", a regulated drug, without authority. He was rightfully convicted.chanrobles virtual lawlibrary

IN VIEW WHEREOF, the Court hereby affirms the decision of the trial court finding accused-appellant Carlos de Guzman y Panaligan guilty beyond reasonable doubt of the crime charged.

SO ORDERED.

Narvasa, C.J., Padilla and Regalado, JJ., concur.

Nocon, J., is on leave.

Endnotes:



1. TSN, January 13, 1992, p. 3; TSN, January 20, 1992, pp. 2-3, 6.

2. TSN, January 13, 1992, pp. 4-5; TSN, January 17, 1992, pp. 1-5.

3. TSN, March 6, 1992, PP. 3-12.

4. TSN, January 17, 1992, pp. 5-7.

5. TSN, January 10, 1992, pp. 5-9.

6. Original Records, p. 1.

7. TSN, April 27, 1992, pp. 3-5.

8. TSN, March 18, 1992, pp. 6-7; TSN, April 1, 1992, pp. 2-14.

9. Presided by Judge Ramon O. Santiago.

10. 31A C.J.S. p. 197.

11. Section 5 (m), Rule 131, Rules of Court.

12. 1 Jones on Evidence, Sec. 139.

13. Grass v. Evans, 244 No. 329, 149 S.W. 628.

14. 31A C.J.S. pp. 332-336.




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  • G.R. Nos. 108478-79 February 21, 1994 - ESTELITA HIPOLITO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 110170 February 21, 1994 - ROLETO A. PAHILAN v. RUDY A. TALABA, ET AL.

  • A.M. No. MTJ-92-733 February 23, 1994 - ROSITA M. BARRETE v. VENANCIO J. AMILA

  • G.R. No. 96289 February 23, 1994 - SERGIO and MA. LOURDES ALUNAN v. TRADERS ROYAL BANK, ET AL.

  • G.R. No. 103497 February 23, 1994 - PEOPLE OF THE PHIL. v. ROBERTO D. BULALAYAO, ET AL.

  • G.R. No. 104376 February 23, 1994 - ARTEMIO G. ILANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 104690 February 23, 1994 - ZENAIDA GACO v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 104869 February 23, 1994 - PEOPLE OF THE PHIL. v. NICASIO GORNES, ET AL.

  • G.R. No. 105390 February 23, 1994 - PEOPLE OF THE PHIL. v. EXIQUIEL TALAVER

  • G.R. No. 105689 February 23, 1994 - PEOPLE OF THE PHIL. v. ROLANDO L. GONZALES

  • G.R. Nos. 105956-57 February 23, 1994 - PEOPLE OF THE PHIL. v. DONATO LAGROSA, JR.

  • G.R. No. 107623 February 23, 1994 - PEOPLE OF THE PHIL. v. ANGELITA P. MANALO

  • G.R. No. 108253 February 23, 1994 - LYDIA L. GERALDEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 111749 February 23, 1994 - ROBERTO A. MIGUEL v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-92-678 February 24, 1994 - OLIVIA BAMBO-JORIN v. ARNULFO A. SINGSON

  • G.R. No. 107112 February 24, 1994 - NAGA TELEPHONE CO., INC., ET AL v. COURT OF APPEALS, ET AL.

  • G.R. No. 111951 February 24, 1994 - PEOPLE OF THE PHIL. v. ALFREDO R. YANSON

  • G.R. Nos. 86159-60 February 28, 1994 - PEOPLE OF THE PHIL. v. ROGELIO PELONES

  • G.R. No. 96422 February 28, 1994 - FRANCISCO S. TANTUICO, JR. v. EUFEMIO DOMINGO, ET AL.

  • G.R. No. 103211 February 28, 1994 - PEOPLE OF THE PHIL. v. MARIO C. BARTE

  • G.R. No. 104649 February 28, 1994 - PHILIPPINE BANKING CORPORATION v. SALVADOR S. TENSUAN

  • G.R. No. 105033 February 28, 1994 - PHILIPPINE VILLAGE HOTEL v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 105391 February 28, 1994 - PEOPLE OF THE PHIL. v. BENEDICTO CAMPA, ET AL.

  • G.R. No. 106042 February 28, 1994 - RUFINA BAUTISTA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106090 February 28, 1994 - RICARDO FERNANDEZ v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 107509-11 February 28, 1994 - YUSOPH PAPANDAYAN v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 110271 February 28, 1994 - RODOLFO R. PAULINO v. COURT OF APPEAL, ET AL.