Digest Author: Dodot

Jison v. Court of Appeals (1998) Petition: Certiorari [Review decision of CA] Petitioner: Francisco Jison Respondents: Court of Appeals and Monina Jison Ponente: J. Davide, Jr. Date: 24 February 1998 Facts:

WHATS BEING CONTESTED: Status of Private Respondent, Monina, as the illegitimate child of Petitioner, Francisco According to Private Respondent: she is the illegitimate daughter of Francisco and his former employee (yaya of his legitimate daughter, Lourdes) Esperanza Amolar, aka Pansay o Francisco, and in one case his wife, Lilia, admitted Paternity (personally observed/witnessed) Lope Amolar (brother of Pansay, former employee of Francisco): personally told by Francisco that he was willing to support Inday Pansay and his child Adela Casabuena (yaya of Lourdes, after Pansay): overheard a quarrel between Pansay and Lilia, when the former went to ask Francisco for support Lilia angrily told Pansay, I did not tell you to make that baby so it is your fault, after being told that Francisco was the father Dominador Savariz (worked as a houseboy at Nelly Garden): while vacuuming, overheard conversation among Francisco, Pansay, and Monina (1) Pansay asked for sustenance of Franciscos child, Monina, (2) Francisco touched Moninas head and said, How are you Hija?, (3) Monina answered, Good morning Daddy. Other witnesses: testified having seen Francisco and Monina act affectionately towards one another, and addressing each other as Child/Hija-Daddy o Monina recognized as child of Francisco by Family (various witnesses, including Zafiro Ledesma, former Mayor of Iloilo City, and like Francisco, part of the Lopez Clan) Family of VP Lopez treated Monina very well, considered her a relative photographs presented showing Monina w/ VP Lopez, other Lopezes o Francisco gave financial support to Monina Directly, for example by paying for her education (up to Masters Degree, resulting in her employment at the Central Bank) Indirectly, by helping her secure various jobs

Usually, direct financial support given through Mr. Lagarto, who used to be Franciscos office manager Defense of Petitioner: o Denied (1) having had sexual relations with Pansay, (2) having paid for tuition fees, etc. (questioned lack of receipts as proof for such payments), (3) telling anybody that Monina was his daughter o Those who he said acted inappropriately (for ex. by disbursing money to Monina), he immediately fired o Presented a handful of witnesses who restated Franciscos defenses o Presented Affidavit signed by Monina, expressing that she was not a daughter of Francisco RTC: ruled in favor of Francisco. o No proof of sexual congress between Francisco and Pansay o Moninas evidence were of three categories Hearsay Incredulous Or, self-serving (Moninas own testimony) o Monina not barred by prescription or laches, but barred by estoppel by deed (by signing the affidavit) CA: reversed the decision of the RTC, ruled in favor of Monina

Pertinent laws/provisions/concepts: FAMILY CODE Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.
Art. 172. The filiation of legitimate children is established by any of the following: (1) The record of birth appearing in the civil register or a final judgment; or (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. In the absence of the foregoing evidence, the legitimate filiation shall be proved by: (1) The open and continuous possession of the status of a legitimate child; or (2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)

RULES OF COURT [Rule 130] Sec. 39. Act or declaration about pedigree. The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in evidence where it occurred before the controversy, and the relationship between the two persons is shown by evidence other than such act or declaration. The word pedigree includes relationship, family genealogy, birth, marriage, death, the dates

Digest Author: Dodot

when and the places where these facts occurred, and the names of the relatives. It embraces also facts of family history intimately connected with pedigree. (33a) Sec. 40. Family reputation or tradition regarding pedigree. The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the witness testifying threon be also a member of the family, either by consanguinity or affinity. Entries in family bibles or other family books or charts, engraving on rings, family portraits and the like, may be received as evidence of pedigree. (34a) Issues: (**I think it would be ok to go straight to the issues**) 1. Was carnal knowledge between Francisco and Pansay (deceased, could not testify) impossible during the time alleged? [NO] Is Monina an illegitimate child of Francisco? [YES] Were some of the documents relied on by Monina (and the CA) to establish Franciscos paternity sufficient, under the rules of evidence? [NO] Should the Affidavit be considered as compelling proof that Monina is not a child of Francisco? [NO] Should delay in suit be considered as laches? [NO] Allowing Monina to use his surname in scholastic, other records Franciscos defense: Rife with mere denials: perjurers when asked about collateral facts by which their truthfulness could be tested take the stereotyped form of such expressions as I dont know or I dont remember. xxx xxx xxx As a whole, evidence insufficient to overcome Moninas Certification issued by Local Civil Registrar Not competent evidence when there is no showing that the putative father had a hand in the preparation of such certificate the local Civil Registrar is devoid of authority to record the paternity of an illegitimate child upon the information of a third person Baptismal certificates Similarly, Franciscos lack of participation renders these documents incompetent to prove paternity Notes and letters by Franciscos relatives May not be admitted in accordance w/ Sec. 39, Rule 130, RoC: (1) no showing that the declarants-authors were dead or unable to testify; (2) neither was relationship between declarants and Monina shown by evidence apart from the documents in question May not be admitted in accordance w/ Sec. 40, Rule 130, RoC: and the like by ejusdem generis, limited to openly exhibited family possessions, thus, private documents are not included under and the like Nonetheless, the aforementioned evidence may be considered instead as part of Moninas testimony (rather than circumstantial evidence by themselves) SC: if Monina were truly not the daughter of Francisco, it would have been unnecessary for him to go to such great lengths in order that Monina denounce her filiation Francisco failed to prove that all elements of laches were presents Besides, up to discretion of courts: laches cannot be worked to defeat justice or to perpetuate fraud and injustice For paternity-filiation: Moninal filed action well w/in period granted by law

3.

NO.

2. 3.

4. 5.

Ruling/Ratio: 1. NO. Like rape, only witnesses are the alleged parties to the sexual act but one of the parties, Pansay, is already deceased But, fact of Moninas birth and her parentage may be established by evidence apart from mothers testimony Allegation: carnal knowledge by about the end of 1945 broad enough to cover the fourth quarter, thus, Moninas birth on August of the next could be attributed to sexual relations between Francisco and her mother Pansay was employed by Francisco, and a live-in at his house sex was NOT impossible SC: Francisco recognized Monina as his child through his overt acts and conduct consistently shown and manifested publicly throughout the years [in accordance with Art. 175, FC]: Giving financial support, ex. education, board and lodging, hospitalization expenses, monthly allowance, paying for long distance calls, funeral expenses of Pansay Giving other kinds of support, ex. helping her secure jobs Allowing Monina to stay in residential house in Bacolod, apartment in Manila, house in Forbes Park Acknowledging paternal greetings (Daddy); calling Monina Hija or child

4.

NO.

2.

YES.

5.

NO.

Opinions: No separate opinions Disposition: Petition Denied for lack of merit. Principles: Paternity and Filiation Illegitimate Children