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SECOND DIVISION
G.R. No. 102372 November 15, 1994
FLAVIANO S. GASPAY, JR., AND ERIBERTA S. GASPAY, Petitioners, v. THE HON. COURT OF APPEALS AND GUADALUPE GASPAY ALFARO, Respondents.
Anita B. de Loyola for petitioners.chanrobles virtual law library
Nilo T. Bacolod for private respondent.
PUNO, J.:
This is a petition for certiorari seeking to reverse the Decision of the respondent Court of Appeals in CA-G.R. CV No. 25872.chanroblesvirtualawlibrarychanrobles virtual law library
The facts reveal that Flaviano Gaspay died without a last will and testament on October 14, 1983 in Tacloban City. He was then married to Agueda Denoso. They were childless.chanroblesvirtualawlibrarychanrobles virtual law library
On July 6, 1988, private respondent Guadalupe Gaspay Alfaro files a petition in the trial court 1 alleging, among others, that she is the acknowledged illegitimate daughter of the deceased Flaviano Gaspay, who died without a will and left certain real and personal properties. She identified her mother as Claudia Pason with whom decedent allegedly had an illicit relationship. She prayed for issuance of letters of administration of the decedent's estate.chanroblesvirtualawlibrarychanrobles virtual law library
Petitioners Flaviano S. Gaspay, Jr., and Eriberta Salvatieva Gaspay opposed the petition with motion to dismiss. Flaviano, Jr., is an adopted son of the decedent while Eriberta is also not a next of kin. They alleged that private respondent is a stranger and even assuming her illegitimate status, there is no proof of her recognition or acknowledgment.chanroblesvirtualawlibrarychanrobles virtual law library
The motion to dismiss was denied. The trial court 2 ruled it was not based on indubitable grounds. Evidence was then adduced by private respondent. In an Order dated December 6, 1989, the trial court dismissed the petition. It held:
(1) the testimonial and documentary evidence 3 failed to prove the purported status of private respondent; (2) they also failed to show that private respondent, then already of age consented to her recognition as an illegitimate child; 4 and
(3) even if the petition were to be treated as an action to compel recognition, it would not prosper because it should have been filed during the lifetime of Flaviano Gaspay. 5chanrobles virtual law library
Private respondents appealed to the respondent Court of Appeals. In a Decision promulgated September 30, 1991, the Special Third Division 6 of the respondent court reversed the trial court. It held: (1) the evidence is ample to prove the filiation and recognition of private respondent as an illegitimate child of the decedent; (2) the evidence is also sufficient to show that private respondent consented to her recognition by the decedent; and (3) actions based on voluntary recognition can be instituted after the death of the putative father.chanroblesvirtualawlibrarychanrobles virtual law library
Thus, private respondent filed the instant petition for certiorari contending:
Ichanrobles virtual law library
THE APPELLATE COURT ERRED IN DISTURBING THE FINDINGS OF FACT OF THE TRIAL COURT WITH REGARDS TO THE CREDIBILITY OF WITNESS MARTIN GARIN WHICH WAS NOT EVEN MADE AN ASSIGNED ERROR IN APPELLANT'S BRIEF (IN VIOLATION OF SECTION 7, RULE 51 OF THE RULES OF COURT).
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THE APPELLATE COURT ERRED IN FINDING THAT THE ALLEGED OPEN AND CONTINUOUS POSSESSION OF GUADALUPE OF THE STATUS OF AN ILLEGITIMATE CHILD CAN STILL BE BROUGHT AFTER THE DEATH OF THE ALLEGED PARENT (WHICH IS CONTRARY TO THE PROVISIONS OF ARTICLE 175 IN RELATION TO SECOND PARAGRAPH OF ARTICLE 172 OF THE FAMILY CODE).
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THE APPELLATE COURT ERRED IN FINDING THAT GUADALUPE IS ENTITLED TO LETTERS OF ADMINISTRATION.
We find no merit in the appeal.chanroblesvirtualawlibrarychanrobles virtual law library
Anent the first error, it cannot be gainsaid that private respondent assailed on appeal the correctness of the trial court's conclusion of fact that the evidence failed to prove her allegation that she was recognized as an illegitimate daughter by the decedent. In resolving this factual issue, the respondent court did not err in exhaustively examining each and every specie of evidence relevant thereto and one of them involves the truth of the testimony of witness Martin Garin. Indeed, this key issue cannot be resolved authoritatively without considering the testimony of Garin, the principal witness of the private respondent.chanroblesvirtualawlibrarychanrobles virtual law library
We now come to the competence and credibility of witness Garin. The trial court did not give any value to his testimony. The respondent court did. We sustain the respondent court. Garin testified that the two (2) letters marked as Exhibits "K" and "L" were written by decedent. These letters are vital evidence for the private respondent for they show that the decedent acknowledged her as his daughter. Exhibit "K" written in "waray" dialect was translated in the trial court as follows:
Tomalisties Caibiran Leyte
March 10, 1980My dear Child,
Lupe, I received your letter and I understood your purpose that you are asking for money in the sum of P500.00 pesos because you are going to use it for the operation of the feet of your child Marilyn.chanroblesvirtualawlibrarychanrobles virtual law library
But Lupe, because I am short of money, accept in the meantime this P200.00 because this is the only amount I can raise to send you here at Southern Island Hospital Cebu City, for I pity you because you are my child and Marilyn my grandchild.
Your father,chanrobles virtual law library
(Sgd.) Flaviano Gaspay
On the other hand, Exhibit "L" also written in "waray" was translated as follows:
Tomalisties, Caibiran, Leyte
August 14, 1983My children Toming and Lupe,
Because I feel my body is about to weaken already, I urge you to verify my lands located in Culaba and in Caibiran so that the share of Lupe will be assured.chanroblesvirtualawlibrarychanrobles virtual law library
Toming, this letter to you is my gift on your birthday today.
Your father,chanrobles virtual law library
(Sgd.) Flaviano Gaspay
The trial court dismissed the testimony of Garin on two (2) grounds. First, it held that Garin did not even bother to examine the letters, Exhibits "K" and "L". The records do not sustain this ruling. We quote the relevant testimony of Garin, viz.:
Court:chanrobles virtual law library
Q Are you familiar with the signature of Flaviano Gaspay?chanrobles virtual law library
A Yes, your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Bacolod (counsel for petitioner):chanrobles virtual law library
Q You are familiar with the signature of Flaviano Gaspay, are you familiar with his penmanship?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Showing to you this document which the same had been marked as EXHIBIT "K" will you take a look at this, do you see that?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Whose penmanship is this and the signature?chanrobles virtual law library
A Flaviano Gaspay and that is the signature of Flaviano Gaspay.chanroblesvirtualawlibrarychanrobles virtual law library
Q Why do you say that that is his penmanship and this is his signature?chanrobles virtual law library
A I am familiar with his penmanship and signature.chanroblesvirtualawlibrarychanrobles virtual law library
Q Why do you know that this is his penmanship and signature.chanroblesvirtualawlibrarychanrobles virtual law library
A I was an agent of his concession for 18 years second, we were both government officials of Culaba from 1955 to 1959.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Nilo T. Bacolod:chanrobles virtual law library
Q You said that you are an agent of his logging concession for 18 years, from what year up to what year?chanrobles virtual law library
A From 1932 to 1951.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Bacolod:chanrobles virtual law library
We request your Honor that the signature of Flaviano Gaspay as identified by his witness be marked as our EXHIBIT "K-1".chanroblesvirtualawlibrarychanrobles virtual law library
Q We have here a document marked as Exhibit "L" please look at it, do you see that?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Whose penmanship is that and whose signature is this?chanrobles virtual law library
A That is Flaviano Gaspay's penmanship and signature.chanroblesvirtualawlibrarychanrobles virtual law library
We request your Honor that the signature below be marked as our EXHIBIT "L-1".chanroblesvirtualawlibrarychanrobles virtual law library
Court:chanrobles virtual law library
What date is that?chanrobles virtual law library
Atty. Bacolod:chanrobles virtual law library
August 14, 1983 Exh. "K" and August 10, 1980. May I be allowed to borrow the Exhibits of the Respondents about the supposed letter which were marked in their Annexes from "A" to "I".chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Gaspay:chanrobles virtual law library
May we know the purpose your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Bacolod:chanrobles virtual law library
For him to identify your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Court:chanrobles virtual law library
Lend him your Exhibits.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Bacolod:chanrobles virtual law library
Q Will you take a look at this document, this one marked as Exhibit "1"?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q This Exhibit "2"?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q This Exhibit "3"?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Another Exhibit "4", take a look at this one?chanrobles virtual law library
A I see it.chanroblesvirtualawlibrarychanrobles virtual law library
Q Take a look at Exhibit "5"?chanrobles virtual law library
A I see that already.chanroblesvirtualawlibrarychanrobles virtual law library
Q Take a look at Exhibit "6"?chanrobles virtual law library
A I have seen it.chanroblesvirtualawlibrarychanrobles virtual law library
Q Exhibit "7"?chanrobles virtual law library
A Yes I see it.chanroblesvirtualawlibrarychanrobles virtual law library
Q Exhibit "8"?chanrobles virtual law library
A Yes I see it.chanroblesvirtualawlibrarychanrobles virtual law library
Q Exhibit "9"?chanrobles virtual law library
A Yes sir I see it..chanroblesvirtualawlibrarychanrobles virtual law library
Q Exhibit "10"?chanrobles virtual law library
A Yes I see it.chanroblesvirtualawlibrarychanrobles virtual law library
Q Exhibit "11"?chanrobles virtual law library
A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Exhibit "12"?chanrobles virtual law library
A Yes I see it.chanroblesvirtualawlibrarychanrobles virtual law library
Q What can you say about these documents marked as Exhibits "1" to "12"?chanrobles virtual law library
A That is not the one?chanrobles virtual law library
Q What is that which is not the one?chanrobles virtual law library
A That is not written by Flaviano Gaspay.chanroblesvirtualawlibrarychanrobles virtual law library
Q Not the one written by whom?chanrobles virtual law library
A That are not letters of Gaspay.chanroblesvirtualawlibrarychanrobles virtual law library
Q Who is that Gaspay you are referring to?chanrobles virtual law library
A Flaviano Gaspay.chanroblesvirtualawlibrarychanrobles virtual law library
Q Now let's go back to the joint affidavit, Exhibit "S" in this affidavit you signed you made mention of names, Flaviano Gaspay and Claudia Pason, who is this Claudia Pason?chanrobles virtual law library
A Mistress of Flaviano Gaspay.chanroblesvirtualawlibrarychanrobles virtual law library
Q Why did you say that Claudia Pason is the paramour or kerida of Flaviano Gaspay?chanrobles virtual law library
A Because he had a real wife.chanroblesvirtualawlibrarychanrobles virtual law library
Q Who is that wife?chanrobles virtual law library
A Agueda Denoso.chanroblesvirtualawlibrarychanrobles virtual law library
Q When was this when Claudia Pason was the kerida of Flaviano Gaspay?chanrobles virtual law library
A From 1934, 35, 36 and 37.chanroblesvirtualawlibrarychanrobles virtual law library
Q How did you know that this Claudia Pason is the kerida of Flaviano Gaspay?chanrobles virtual law library
A We are neighbors, our houses are less than four arms length to the house of Claudia Pason.chanroblesvirtualawlibrarychanrobles virtual law library
Q In what place is that?chanrobles virtual law library
A Culaba, Leyte.chanroblesvirtualawlibrarychanrobles virtual law library
Q That place where Claudia Pason was living who was her husband then?chanrobles virtual law library
A Flaviano Gaspay.chanroblesvirtualawlibrarychanrobles virtual law library
Q You mean to convey to this Honorable Court that they were living as husband and wife?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q As a result of this illicit relationship of the two, what happened?chanrobles virtual law library
A They bore a child.chanroblesvirtualawlibrarychanrobles virtual law library
Q What do you mean when you said bore one child?chanrobles virtual law library
A Claudia Pason gave birth to a child.chanroblesvirtualawlibrarychanrobles virtual law library
Q Do you know who this child is?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Who?chanrobles virtual law library
A Guadalupe Gaspay Alfaro.chanroblesvirtualawlibrarychanrobles virtual law library
Q Who is the mother of Guadalupe Gaspay?chanrobles virtual law library
A Claudia Pason.chanroblesvirtualawlibrarychanrobles virtual law library
Q Who is the father of Guadalupe Gaspay?chanrobles virtual law library
A Flaviano Gaspay.chanroblesvirtualawlibrarychanrobles virtual law library
Court:chanrobles virtual law library
That is not allowed.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Bacolod:chanrobles virtual law library
Q Of your own knowledge, if you know whether Guadalupe Gaspay had come to school?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Where at?chanrobles virtual law library
A Culaba.chanroblesvirtualawlibrarychanrobles virtual law library
Q Do you know who supported her schooling?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Do you know if this Guadalupe Gaspay is already married?chanrobles virtual law library
A Yes sir, she is married.chanroblesvirtualawlibrarychanrobles virtual law library
Q Do you know who her husband is?chanrobles virtual law library
A Yes sir, Bartolome Alfaro.chanroblesvirtualawlibrarychanrobles virtual law library
Q Do you know the nickname of Bartolome Alfaro?chanrobles virtual law library
A Yes sir. Toming Alfaro.chanroblesvirtualawlibrarychanrobles virtual law library
Q Do you know if this Guadalupe Gaspay has a nickname?chanrobles virtual law library
A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q What is the nickname of Guadalupe Gaspay?chanrobles virtual law library
A Lupe.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Bacolod:chanrobles virtual law library
That will be all your Honor. 7
Secondly, the trial court noted that the last time Garin received a letter from the decedent was in 1961 and the last time he saw him write was in 1959. It held that Garin had no competence to testify about the authenticity of Exhibit "L" written in 1980 and Exhibit "M" written in 1983. In reversing this ruling, the respondent court held and we agree that the trial court "unfairly assumes that Flaviano Gaspay's penmanship actually metamorphosed into something divergent or different from what Garin saw him write in 1959 and 1961. For it is a fact that there are people whose hand remain steady over the years, and whose eyes even acquire better vision in their twilight years." We hasten to add that petitioners did not present any evidence to prove any change in the penmanship of Gaspay, Sr.chanroblesvirtualawlibrarychanrobles virtual law library
We are also satisfied that the evidence profusely proved that private respondent consented to her voluntary recognition as an illegitimate child by the decedent. As well analyzed by the respondent court:
To begin with, petitioner has been sporting the name Guadalupe Gaspay since childhood up to the time she got married to Bartolome Alfaro on May 22, 1953 and even up to the present her acknowledged name is Guadalupe Gaspay Alfaro. (Exhibits J, J-1 and J-2). And then when she filed the subject petition in this case she used the same surname Gaspay after her father and Alfaro after her lawful spouse since her marriage, thereby accepting the fact and telling the world that she is the recognized daughter of the deceased Flaviano Gaspay. At the time the present petition was filed on July 26, 1988 petitioner was already over 51 years old, having been born on December 12, 1936. All these undisputed facts are sufficient evidence that she consented to her acknowledgment by the decedent. (Javelona, et al., vs. Monteclaro, 74 Phil. 393). Whether or not judicial approval of such acknowledgment is required was answered in the negative in Apacible, et al. vs. Castillo, 74 Phil. 589, where the Supreme Court held that such approval may be supplied by the child's consent given after reaching majority, which obtained in the case at bar.
In light of the above, the death of Flaviano Gaspay, Sr., does not constitute a time bar to private respondent's claim as his acknowledged illegitimate daughter. Settled is the rule that "actions based on voluntary acknowledgment may be brought even after the father's death." 8chanrobles virtual law library
In sum, private respondent has proved her entitlement to be administrator of the estate of Flaviano Gaspay, Sr., her father. Section 6 of Rule 78 is in her favor, thus:
Sec. 6. When and to whom letters of administration granted. - If no executor is named in the will, or the executor or executors are incompetent, refused the trust, or fail to give bond, or a person dies intestate, administration shall be granted:
xxx xxx xxxchanrobles virtual law library
(b) If much surviving husband or wife, as the case may be, or next of kin, or the person selected by them, be incompetent or unwilling, or if the husband or widow, or next kin, neglects for thirty (30) days after the death of the person to apply for administration or to request that administration be granted to some other person, it may be granted to one or more of the principal creditors, if competent and willing to serve;chanrobles virtual law library
(c) If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select.
For a fact, petitioners neglected to apply for letters of administration thirty (30) days after the death of Gaspay, Sr.chanroblesvirtualawlibrarychanrobles virtual law library
IN VIEW WHEREOF, the petition for certiorari is dismissed there being no reversible error in the Decision of the respondent court dated September 30, 1991 in CA-G.R. CV No. 25872. Costs against petitioner.chanroblesvirtualawlibrarychanrobles virtual law library
SO ORDERED.
Narvasa, C.J., Regalado and Mendoza, JJ., concur.
Endnotes:
1 RTC of Naval, Branch 16, Biliran, Leyte.chanrobles virtual law library
2 Presided by Judge Adriano Villamor.chanrobles virtual law library
3 Exhibits "K" and "L".chanrobles virtual law library
4 Article 281, Civil Code.chanrobles virtual law library
5 Article 172 in relation to Article 175 of the Family Code.chanrobles virtual law library
6 Composed of Associate Justice Santiago M. Kapunan (Chairman), Associate Justice Segundino G. Chua ( ponente) and Associate Justice Quirino D. Abad Santos (member).chanrobles virtual law library
7 TSN, October 12, 1989, pp. 6 to 11.chanrobles virtual law library
8 Vda. de Sy-Quia vs. Court of Appeals, 125 SCRA 835.
