Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1984 > October 1984 Decisions > G.R. No. L-33442 October 23, 1984 - JOVITA QUISMUNDO v. WORKMEN’S COMPENSATION COMMISSION, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-33442. October 23, 1984.]

JOVITA QUISMUNDO, For and in Behalf of her minor Children, PACIENCIA and VIRGINIA, Both Surnamed VENTA, Petitioner, v. THE HONORABLE WORKMEN’S COMPENSATION COMMISSION and ATLANTIC GULF AND PACIFIC COMPANY OF MANILA INCORPORATED, Respondents.

Siguion Reyna, Montecillo, Belo & Ongsiako Law Office for Petitioner.

The Solicitor General for respondent WCC.

Porfirio E. Villanueva and Benigno A. Mariano for Private Respondent.


SYLLABUS


CIVIL LAW; PERSONS AND FAMILY RELATIONS; PATERNITY AND FILIATION; COMPULSORY RECOGNITION OF A NATURAL CHILD IS MADE IN AN APPROPRIATE ACTION FOR RECOGNITION. — The reliance by the petitioners on Art. 283 of the Civil Code is misplaced. This provision contemplates compulsory recognition as distinguished from voluntary recognition provided in Art. 278. The possession of status of a child does not in itself constitute an acknowledgment; it is only a ground for a child to compel recognition by his assumed parent. The provision provides the grounds for compulsory recognition in an action which may be brought by the child. Neither the proceedings before the Commission nor in this Court can be regarded as the appropriate action to compel recognition.


R E S O L U T I O N


ABAD SANTOS, J.:


This is a petition to review a decision of the Workmen’s Compensation Commission. A subsequent resolution denied a motion for reconsideration.

Paciencia and Virginia Venta were minors when their mother, Jovita Quismundo, filed on their behalf a claim for benefits due to the death of Francisco Venta. They alleged that the deceased was their natural father.

Francisco Venta was employed by the private respondent Atlantic Gulf and Pacific Co., Inc. (AG&P) as an Installation Foreman for air-conditioning units. On May 17, 1967, Francisco died due to chronic hemorrhagic ulcerative enteritis.chanrobles.com : virtual law library

Paciencia and Virginia, represented by their mother, entered into an "Extra-Judicial Settlement and Release" with AG&P on October 17, 1967, wherein they received the sum of P1,500.00 as death benefits presumably on account of the Disability, Death and Retirement Plan of said entity.

Earlier, on August 15, 1967, Paciencia and Virginia filed a claim for death benefits under the Workmen’s Compensation Law (Act No. 3428, as amended by Act No. 3812 and C.A. No. 210). However, the Workmen’s Compensation Commission denied the claim even as it admitted "that the illness of Francisco Venta which culminated on his death on May 17, 1967, was contracted in the course of his employment." The denial was based on the ground that although Paciencia and Virginia were dependent on the deceased, they failed to show that they had been acknowledged by him as his illegitimate children.

The petition prays that Paciencia and Virginia be adjudged as having been acknowledged and, therefore, entitled to be paid benefits under the Workmen’s Compensation Law.

Citing Article 278 of the Civil Code, the Workmen’s Compensation Commission held that the deceased had not recognized the two claimants absent recognition in a record of birth, in a will, a statement before a court of record, or in any authentic document, The petitioners agree but cite instead Art. 283 of the same Code which provides, inter alia, that:jgc:chanrobles.com.ph

"Art. 283. In any of the following cases, the father is obliged to recognize the child as his natural child:chanrob1es virtual 1aw library

x       x       x


(2) When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family;

x       x       x."cralaw virtua1aw library

The reliance by the petitioners on Art. 283 of the Civil Code is misplaced. This provision contemplates compulsory recognition as distinguished from voluntary recognition provided in Art. 278. The possession of status of a child does not in itself constitute an acknowledgment; it is only a ground for a child to compel recognition by his assumed parent. The provision provides the grounds for compulsory recognition in an action which may be brought by the child. Neither the proceedings before the Commission nor in this Court can be regarded as the appropriate action to compel recognition.chanrobles virtual lawlibrary

WHEREFORE, the petition is hereby dismissed for lack of merit. No costs.

SO ORDERED.

Aquino, Concepcion, Jr., Guerrero, Escolin and Cuevas, JJ., concur.

Makasiar, J., I reserved my vote.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





October-1984 Jurisprudence                 

  • G.R. No. L-28377 October 1, 1984 - IN RE: UY TONG v. MARIO R. SILVA

  • B.M. No. 139 October 11, 1984 - PROCOPIO S. BELTRAN, JR. v. ELMO S. ABAD

  • G.R. No. L-35605 October 11, 1984 - REPUBLIC OF THE PHIL. v. JUDGE OF BRANCH III OF THE COURT OF FIRST INSTANCE OF CEBU, ET AL.

  • G.R. No. L-31139 October 12, 1984 - PEOPLE OF THE PHIL. v. RENATO MORAL, ET AL.

  • G.R. No. L-34857 October 12, 1984 - AGAPITO PAREDES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-43792 October 12, 1984 - PEDRO BALDEBRIN v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-61647 October 12, 1984 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-62243 October 12, 1984 - PEOPLE OF THE PHIL. v. REGINO VERIDIANO II, ET AL.

  • G.R. No. L-28673 October 23, 1984 - SAMAR MINING COMPANY, INC. v. NORDEUTSCHER LLOYD, ET AL.

  • G.R. No. L-30310 October 23, 1984 - SATURNINO MEDIJA v. ERNESTO PATCHO, ET AL.

  • G.R. Nos. L-31300-01 October 23, 1984 - PEOPLE OF THE PHIL. v. HENRY A. ENRIQUEZ, ET AL.

  • G.R. No. L-31861 October 23, 1984 - PEOPLE OF THE PHIL. v. PEDRITO RAMOS, ET AL.

  • G.R. No. L-32216 October 23, 1984 - NATIONAL MINES & ALLIED WORKER’S UNION v. GABRIEL V. VALERO, ET AL.

  • G.R. No. L-33442 October 23, 1984 - JOVITA QUISMUNDO v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-34654 October 23, 1984 - BENJAMIN TUPAS, ET AL. v. DANIEL DAMASCO, ET AL.

  • G.R. No. L-36513 October 23, 1984 - RAMON ALBORES v. COURT OF APPEALS, ET AL.

  • G.R. Nos. L-38346-47 October 23, 1984 - PEOPLE OF THE PHIL. v. TEOFILO DIOSO, ET AL.

  • G.R. No. L-43349 October 23, 1984 - REMUS VILLAVIEJA v. MARINDUQUE MINING AND INDUSTRIAL CORPORATION, ET AL.

  • G.R. No. L-44455 October 23, 1984 - JACOBO I. GARCIA v. JUAN F. ECHIVERRI, ET AL.

  • G.R. No. L-45087 October 23, 1984 - PEOPLE OF THE PHIL. v. PROCESO Q. ABALLE

  • G.R. No. L-52348 October 23, 1984 - PEOPLE OF THE PHIL. v. IGNACIO SECULLES

  • G.R. No. L-52415 October 23, 1984 - INSULAR BANK OF ASIA AND AMERICA EMPLOYEES’ UNION v. AMADO G. INCIONG, ET AL.

  • G.R. No. L-56218 October 23, 1984 - PEOPLE OF THE PHIL. v. GAUDENCIO PADILLA, ET AL.

  • G.R. No. L-56856 October 23, 1984 - HENRY BACUS, ET AL. v. BLAS OPLE, ET AL.

  • G.R. No. L-57738 October 23, 1984 - PEOPLE OF THE PHIL. v. GORGONIO RESANO

  • G.R. No. L-59980 October 23, 1984 - BERLIN TAGUBA, ET AL. v. MARIA PERALTA VDA. DE DE LEON, ET AL.

  • G.R. No. L-62439 October 23, 1984 - GREGORY JAMES POZAR v. COURT OF APPEALS

  • G.R. No. L-33841 October 31, 1984 - PEOPLE OF THE PHIL. v. FLAVIANO G. PUDA

  • G.R. No. L-38988 October 31, 1984 - PEOPLE OF THE PHIL. v. RAFAEL DALUSAG, ET AL.

  • G.R. No. L-39025 October 31, 1984 - PEOPLE OF THE PHIL. v. RODOLFO YURONG, ET AL.

  • G.R. No. L-39949 October 31, 1984 - MANUEL H. SANTIAGO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-40244 October 31, 1984 - JULIANA Z. LIMOICO v. BOARD OF ADMINISTRATORS

  • G.R. No. L-41569 October 31, 1984 - PEOPLE OF THE PHIL. v. SALVADOR C. REYES, ET AL.

  • G.R. No. L-44486 October 31, 1984 - ALEXIS C. GANDIONCO v. SECRETARY OF AGRICULTURE AND NATURAL RESOURCES, ET AL.

  • G.R. No. 53568 October 31, 1984 - PEOPLE OF THE PHIL. v. JOSE SALIG, ET AL.

  • G.R. No. 56011 October 31, 1984 - ELMER PEREGRINA, ET AL. v. DOMINGO D. PANIS

  • G.R. No. 56540 October 31, 1984 - COSME LACUESTA v. BARANGAY CASABAAN, ET AL.

  • G.R. No. 58426 October 31, 1984 - PEOPLE OF THE PHIL. v. DANILO VALENCIA, ET AL.

  • G.R. No. 59956 October 31, 1984 - ISABELO MORAN, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 61215 October 31, 1984 - PEOPLE OF THE PHIL. v. CESAR MANCAO, JR., ET AL.

  • G.R. No. 61873 October 31, 1984 - PEOPLE OF THE PHIL. v. ELIAS BORROMEO

  • G.R. No. 64316 October 31, 1984 - PEOPLE OF THE PHIL. v. GEORGE RAMIREZ, ET AL.

  • G.R. No. 64923 October 31, 1984 - PEOPLE OF THE PHIL. v. QUIRINO CIELO, ET AL.

  • G.R. No. 65349 October 31, 1984 - PEOPLE OF THE PHIL. v. ARMANDO M. ADRIANO

  • G.R. No. 66070 October 31, 1984 - EQUITABLE BANKING CORPORATION v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 66321 October 31, 1984 - TRADERS ROYAL BANK v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. Nos. 67422-24 October 31, 1984 - FERNANDO VALDEZ v. GREGORIO U. AQUILIZAN, ET AL.

  • G.R. No. 68043 October 31, 1984 - PALOMO BUILDING TENANTS ASSOCIATION, INC., ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.