1

BOOK I uterine life of less than seven months, it is not Nullity of Documents, Recovery of Possession and On November 22, 1978, Feliciano and Corazon Cerezo donated
PERSONS deemed born if it dies within twenty-four Ownership, and damages. Lots 1 and 3 of their property, registered under Original
hours after its complete delivery from the Certificate of Title (OCT) No. 18920, to their son Eulogio
maternal womb. (30a) Catalan.9
TITLE I The facts, which are undisputed by the parties, follow:
CIVIL PERSONALITY
Article 42. Civil personality is extinguished by On March 26, 1979, Mercedes sold the property in issue in
On October 20, 1948, FELICIANO CATALAN (Feliciano)
death. favor of her children Delia and Jesus Basa.10 The Deed of
CHAPTER 1 was discharged from active military service. The Board
Absolute Sale was registered with the Register of Deeds of
General Provisions of Medical Officers of the Department of Veteran
Pangasinan on February 20, 1992, and Tax Declaration No.
The effect of death upon the rights and Affairs found that he was unfit to render military
12911 was issued in the name of respondents.11
obligations of the deceased is determined by service due to his "schizophrenic reaction, catatonic
Article 37. Juridical capacity, which is the fitness to be the
law, by contract and by will. (32a) type, which incapacitates him because of flattening of
subject of legal relations, is inherent in every natural
mood and affect, preoccupation with worries, On June 24, 1983, Feliciano and Corazon Cerezo donated Lot 2
person and is lost only through death. Capacity to act,
withdrawal, and sparce (sic) and pointless speech."1 of the aforementioned property registered under OCT No.
which is the power to do acts with legal effect, is acquired Article 43. If there is a doubt, as between two
18920 to their children Alex Catalan, Librada Catalan and
and may be lost. (n) or more persons who are called to succeed
Zenaida Catalan. On February 14, 1983, Feliciano and Corazon
each other, as to which of them died first, On September 28, 1949, Feliciano married Corazon
Cerezo donated Lot 4 (Plan Psu-215956) of the same OCT No.
whoever alleges the death of one prior to the Cerezo.2
Article 38. Minority, insanity or imbecility, the state of 18920 to Eulogio and Florida Catalan.12
other, shall prove the same; in the absence of
being a deaf-mute, prodigality and civil interdiction are
proof, it is presumed that they died at the
mere restrictions on capacity to act, and do not exempt On June 16, 1951, a document was executed, titled
same time and there shall be no transmission On April 1, 1997, BPI, acting as Feliciano’s guardian, filed a case
the incapacitated person from certain obligations, as when "Absolute Deed of Donation,"3 wherein Feliciano
of rights from one to the other. (33) for Declaration of Nullity of Documents, Recovery of Possession
the latter arise from his acts or from property relations, allegedly donated to his sister MERCEDES
and Ownership,13 as well as damages against the herein
such as easements. (32a) CATALAN(Mercedes) one-half of the real property
respondents. BPI alleged that the Deed of Absolute Donation to
described, viz:
Mercedes was void ab initio, as Feliciano never donated the
Article 39. The following circumstances, among others, property to Mercedes. In addition, BPI averred that even if
modify or limit capacity to act: age, insanity, imbecility, the G.R. No. 159567               July 31, 2007 A parcel of land located at Barangay Basing, Binmaley, Feliciano had truly intended to give the property to her, the
state of being a deaf-mute, penalty, prodigality, family Pangasinan. Bounded on the North by heirs of Felipe donation would still be void, as he was not of sound mind and
relations, alienage, absence, insolvency and trusteeship. Basa; on the South by Barrio Road; On the East by heirs was therefore incapable of giving valid consent. Thus, it claimed
CORAZON CATALAN, LIBRADA CATALAN-LIM,
The consequences of these circumstances are governed in of Segundo Catalan; and on the West by Roman Basa. that if the Deed of Absolute Donation was void ab initio, the
EULOGIO CATALAN, MILA CATALAN-MILAN,
this Code, other codes, the Rules of Court, and in special Containing an area of Eight Hundred One (801) square subsequent Deed of Absolute Sale to Delia and Jesus Basa
ZENAIDA CATALAN, ALEX CATALAN, DAISY
laws. Capacity to act is not limited on account of religious meters, more or less. should likewise be nullified, for Mercedes Catalan had no right
CATALAN, FLORIDA CATALAN and GEMMA
belief or political opinion. to sell the property to anyone. BPI raised doubts about the
CATALAN, Heirs of the late FELICIANO
CATALAN, Petitioners, The donation was registered with the Register of authenticity of the deed of sale, saying that its registration long
A married woman, twenty-one years of age or over, is vs. Deeds. The Bureau of Internal Revenue then cancelled after the death of Mercedes Catalan indicated fraud. Thus, BPI
qualified for all acts of civil life, except in cases specified by JOSE BASA, MANUEL BASA, LAURETA BASA, Tax Declaration No. 2876, and, in lieu thereof, issued sought remuneration for incurred damages and litigation
law. (n) DELIA BASA, JESUS BASA and ROSALINDA Tax Declaration No. 180804 to Mercedes for the 400.50 expenses.
BASA, Heirs of the late MERCEDES square meters donated to her. The remaining half of
CATALAN, Respondents. the property remained in Feliciano’s name under Tax On August 14, 1997, Feliciano passed away. The original
Declaration No. 18081.5 complaint was amended to substitute his heirs in lieu of BPI as
DECISION complainants in Civil Case No. 17666.
CHAPTER 2
On December 11, 1953, People’s Bank and Trust
Natural Persons
Company filed Special Proceedings No. 45636 before On December 7, 1999, the trial court found that the evidence
PUNO, C.J.:
the Court of First Instance of Pangasinan to declare presented by the complainants was insufficient to overcome
Article 40. Birth determines personality; but the conceived Feliciano incompetent. On December 22, 1953, the trial the presumption that Feliciano was sane and competent at the
child shall be considered born for all purposes that are This is a petition for review on certiorari court issued its Order for Adjudication of Incompetency time he executed the deed of donation in favor of Mercedes
favorable to it, provided it be born later with the under Rule 45 of the Revised Rules of Court of for Appointing Guardian for the Estate and Fixing Catalan. Thus, the court declared, the presumption of sanity or
conditions specified in the following article. (29a) the Court of Appeals decision in CA-G.R. CV Allowance7 of Feliciano. The following day, the trial competency not having been duly impugned, the presumption
No. 66073, which affirmed the judgment of court appointed People’s Bank and Trust Company as of due execution of the donation in question must be
the Regional Trial Court, Branch 69, Lingayen, Feliciano’s guardian.8 People’s Bank and Trust Company upheld.14 It rendered judgment, viz:
Article 41. For civil purposes, the foetus is considered born
Pangasinan, in Civil Case No. 17666, has been subsequently renamed, and is presently
if it is alive at the time it is completely delivered from the
dismissing the Complaint for Declaration of known as the Bank of the Philippine Islands (BPI).
mother's womb. However, if the foetus had an intra-
 2

WHEREFORE, in view of the foregoing considerations, of Mercedes Catalan does not make the sale COURT IN UPHOLDING THE SUBSEQUENT SALE OF THE A donation is an act of liberality whereby a person disposes
judgment is hereby rendered: void ab initio. Moreover, as a notarized PROPERTY IN DISPUTE BY THE DONEE MERCEDES gratuitously a thing or right in favor of another, who accepts
document, the deed of absolute sale carries CATALAN TO HER CHILDREN RESPONDENTS JESUS AND it.22 Like any other contract, an agreement of the parties is
the evidentiary weight conferred upon such DELIA BASA; AND- essential. Consent in contracts presupposes the following
1. Dismissing plaintiff’s complaint;
public document with respect to its due requisites: (1) it should be intelligent or with an exact notion of
execution (Garrido vs. CA 236 SCRA 450). In a the matter to which it refers; (2) it should be free; and (3) it
4. WHETHER OR NOT CIVIL CASE NO. 17666 IS BARRED
2. Declaring the defendants Jesus Basa and Delia Basa the similar vein, jurisprudence has it that should be spontaneous.23 The parties' intention must be clear
BY PRESCRIPTION AND LACHES.18
lawful owners of the land in question which is now documents acknowledged before a notary and the attendance of a vice of consent, like any contract,
declared in their names under Tax Declaration No. 12911 public have in their favor the presumption of renders the donation voidable.24
(Exhibit 4); regularity, and to contradict the same, there Petitioners aver that the presumption of Feliciano’s
must be evidence that is clear, convincing and competence to donate property to Mercedes had been
In order for donation of property to be valid, what is crucial is
rebutted because they presented more than the
3. Ordering the plaintiff to pay the defendants Attorney’s more than preponderant (Salame vs. CA, 239 the donor’s capacity to give consent at the time of the
SCRA 256). requisite preponderance of evidence. First, they
fees of ₱10,000.00, and to pay the Costs.(sic) donation. Certainly, there lies no doubt in the fact that insanity
presented the Certificate of Disability for the Discharge
impinges on consent freely given.25 However, the burden of
of Feliciano Catalan issued on October 20, 1948 by the
SO ORDERED.15 WHEREFORE, foregoing premises considered, proving such incapacity rests upon the person who alleges it; if
Board of Medical Officers of the Department of Veteran
the Decision dated December 7, 1999 of the no sufficient proof to this effect is presented, capacity will be
Affairs. Second, they proved that on December 22,
Regional Trial Court, Branch 69, is hereby presumed.26
Petitioners challenged the trial court’s decision before the affirmed. 1953, Feliciano was judged an incompetent by the
Court of Appeals via a Notice of Appeal pursuant to Rule Court of First Instance of Pangasinan, and put under the
41 of the Revised Rules of Court.16 The appellate court guardianship of BPI. Based on these two pieces of A thorough perusal of the records of the case at bar indubitably
affirmed the decision of the trial court and held, viz: SO ORDERED.17 evidence, petitioners conclude that Feliciano had been shows that the evidence presented by the petitioners was
suffering from a mental condition since 1948 which insufficient to overcome the presumption that Feliciano was
incapacitated him from entering into any contract competent when he donated the property in question to
In sum, the Regional Trial Court did not commit a Thus, petitioners filed the present appeal and
thereafter, until his death on August 14, 1997. Mercedes. Petitioners make much ado of the fact that, as early
reversible error in disposing that plaintiff-appellants failed raised the following issues:
Petitioners contend that Feliciano’s marriage to as 1948, Feliciano had been found to be suffering from
to prove the insanity or mental incapacity of late (sic) Corazon Cerezo on September 28, 1948 does not prove schizophrenia by the Board of Medical Officers of the
Feliciano Catalan at the precise moment when the 1. WHETHER OR NOT THE HONORABLE that he was not insane at the time he made the Department of Veteran Affairs. By itself, however, the
property in dispute was donated. COURT OF APPEALS HAS DECIDED CA-G.R. CV questioned donation. They further argue that the allegation cannot prove the incompetence of Feliciano.
NO. 66073 IN A WAY PROBABLY NOT IN donations Feliciano executed in favor of his successors
Thus, all the elements for validity of contracts having been ACCORD WITH LAW OR WITH THE (Decision, CA-G.R. CV No. 66073) also cannot prove his
A study of the nature of schizophrenia will show that Feliciano
present in the 1951 donation coupled with compliance APPLICABLE DECISIONS OF THE HONORABLE competency because these donations were approved
could still be presumed capable of attending to his property
with certain solemnities required by the Civil Code in COURT IN HOLDING THAT "THE REGIONAL and confirmed in the guardianship proceedings.  In 19
rights. Schizophrenia was brought to the attention of the public
donation inter vivos of real property under Article 749, TRIAL COURT DID NOT COMMIT A REVERSIBLE addition, petitioners claim that the Deed of Absolute
when, in the late 1800s, Emil Kraepelin, a German psychiatrist,
which provides: ERROR IN DISPOSING THAT PLAINTIFF- Sale executed on March 26, 1979 by Mercedes Catalan
combined "hebrephrenia" and "catatonia" with certain
APPELLANTS (PETITIONERS) FAILED TO PROVE and her children Jesus and Delia Basa is simulated and
paranoid states and called the condition "dementia praecox."
THE INSANITY OR MENTAL INCAPACITY OF fictitious. This is allegedly borne out by the fact that the
xxx Eugene Bleuler, a Swiss psychiatrist, modified Kraepelin’s
THE LATE FELICIANO CATALAN AT THE document was registered only on February 20, 1992,
conception in the early 1900s to include cases with a better
PRECISE MOMENT WHEN THE PROPERTY IN more that 10 years after Mercedes Catalan had already
outlook and in 1911 renamed the condition "schizophrenia."
Mercedes Catalan acquired valid title of ownership over DISPUTE WAS DONATED"; died. Since Delia Basa and Jesus Basa both knew that
According to medical references, in persons with schizophrenia,
the property in dispute. By virtue of her ownership, the Feliciano was incompetent to enter into any contract,
there is a gradual onset of symptoms, with symptoms
property is completely subjected to her will in everything 2. WHETHER OR NOT THE CERTIFICATE OF they cannot claim to be innocent purchasers of the
20 becoming increasingly bizarre as the disease
not prohibited by law of the concurrence with the rights of DISABILITY FOR DISCHARGE (EXHIBIT "S") AND property in question.  Lastly, petitioners assert that
progresses.1avvphi1 The condition improves (remission or
others (Art. 428, NCC). THE REPORT OF A BOARD OF OFFICERS their case is not barred by prescription or laches under
residual stage) and worsens (relapses) in cycles. Sometimes,
CONVENED UNDER THE PROVISIONS OF Article 1391 of the New Civil Code because they had
sufferers may appear relatively normal, while other patients in
filed their case on April 1, 1997, even before the four
The validity of the subsequent sale dated 26 March 1979 ARMY REGULATIONS (EXHIBITS "S-1" AND "S- remission may appear strange because they speak in a
year period after Feliciano’s death on August 14, 1997
(Exhibit 3, appellees’ Folder of Exhibits) of the property by 2") ARE ADMISSIBLE IN EVIDENCE; 21 monotone, have odd speech habits, appear to have no
had begun.
Mercedes Catalan to defendant-appellees Jesus Basa and emotional feelings and are prone to have "ideas of reference."
Delia Basa must be upheld. Nothing of the infirmities 3. WHETHER OR NOT THE HONORABLE The latter refers to the idea that random social behaviors are
which allegedly flawed its authenticity is evident much less COURT OF APPEALS HAS DECIDED CA-G.R. CV The petition is bereft of merit, and we affirm the directed against the sufferers.27 It has been proven that the
apparent in the deed itself or from the evidence adduced. NO. 66073 IN A WAY PROBABLY NOT IN findings of the Court of Appeals and the trial court. administration of the correct medicine helps the patient.
As correctly stated by the RTC, the fact that the Deed of ACCORD WITH LAW OR WITH THE Antipsychotic medications help bring biochemical imbalances
Absolute Sale was registered only in 1992, after the death APPLICABLE DECISIONS OF THE HONORABLE closer to normal in a schizophrenic. Medications reduce
delusions, hallucinations and incoherent thoughts and reduce
 3

or eliminate chances of relapse.28 Schizophrenia can result IN VIEW WHEREOF, there being no merit in hectares in area situated in the barrio of Panducot, successively borrowed from said Luis Espiritu other sums of
in a dementing illness similar in many aspects to the arguments of the petitioners, the petition municipality of Calumpit, Bulacan, and bounded as money aggregating a total of P600; but that later, on May
Alzheimer’s disease. However, the illness will wax and is DENIED. The decision of the Court of described in paragraph 4 of the amended complaint, 17,1910, the plaintiffs, alleging themselves to be of legal age,
wane over many years, with only very slow deterioration Appeals in CA-G.R. CV No. 66073 is affirmed in which hereditary portion had since then been held by executed, with their sisters Maria del Consejo and Maria dela
of intellect.29 toto. the plaintiffs and their sisters, through their father Paz, the notarial instrument inserted integrally in the 5th
Wenceslao Mercado, husband of Margarita Espiritu; paragraph of the answer, by which instrument, ratifying said
that, about the year 1910, said Luis Espiritu, by means sale under pacto de retro of the land that had belonged to their
From these scientific studies it can be deduced that a SO ORDERED.
of cajolery, induced, and fraudulently succeeded in mother Margarita Espiritu, effected by their father Wenceslao
person suffering from schizophrenia does not necessarily
getting the plaintiffs Domingo and Josefa Mercado to Mercado in favor of Luis Espiritu for the sum of P2,600, they
lose his competence to intelligently dispose his property.
sign a deed of sale of the land left by their mother, for sold absolutely and perpetually to said Luis Espiritu, in
By merely alleging the existence of schizophrenia,
the sum of P400, which amount was divided among the consideration of P400, the property that had belonged to their
petitioners failed to show substantial proof that at the
G.R. No. L-11872       December 1, 1917 two plaintiffs and their sisters Concepcion and Paz, deceased mother and which they acknowledged having
date of the donation, June 16, 1951, Feliciano Catalan had
notwithstanding the fact that said land, according to its received from the aforementioned purchaser. In this cross-
lost total control of his mental faculties. Thus, the lower
assessment, was valued at P3,795; that one-half of the complaint the defendant alleged that the complaint filed by the
courts correctly held that Feliciano was of sound mind at DOMINGO MERCADO and JOSEFA land in question belonged to Margarita Espiritu, and plaintiffs was unfounded and malicious, and that thereby losses
that time and that this condition continued to exist until MERCADO, plaintiffs-appellants, one-half of this share, that is, one-fourth of said land , and damages in the sum of P1,000 had been caused to the
proof to the contrary was adduced.30 Sufficient proof of his vs. to the plaintiffs, and the other one-fourth, to their two intestate estate of the said Luis Espiritu. He therefore asked
infirmity to give consent to contracts was only established JOSE ESPIRITU, administrator of the estate of sisters Concepcion and Paz; that the part of the land that judgment be rendered by ordering the plaintiffs to keep
when the Court of First Instance of Pangasinan declared the deceased Luis Espiritu, defendant- belonging to the two plaintiffs could produce 180 perpetual silence with respect to the land in litigation and,
him an incompetent on December 22, 1953.31 appellee. cavanes of rice per annum, at P2.50 per cavan, was besides, to pay said intestate estate P1,000 for losses and
equivalent to P450 per annum; and that Luis Espiritu damages, and that the costs of the trial be charged against
It is interesting to note that the petitioners questioned Perfecto Salas Rodriguez for appellants. had received said products from 1901 until the time of them.
Feliciano’s capacity at the time he donated the property, Vicente Foz for appellee. his death. Said counsel therefore asked that judgment
yet did not see fit to question his mental competence be rendered in plaintiffs' favor by holding to be null and
In reply to the cross-complaint, the plaintiffs denied each and
when he entered into a contract of marriage with Corazon void the sale they made of their respective shares of
all of the facts therein set forth, and in special defense alleged
Cerezo or when he executed deeds of donation of his their land, to Luis Espiritu, and that the defendant be
that at the time of the execution of the deed of sale inserted in
other properties in their favor. The presumption that ordered to deliver and restore to the plaintiffs the
the cross-complaint the plaintiffs were still minors, and that
Feliciano remained competent to execute contracts, TORRES, J.: shares of the land that fell to the latter in the partition
since they reached their majority the four years fixed by law for
despite his illness, is bolstered by the existence of these of the estate of their deceased mother Margarita
the annulment of said contract had not yet elapsed. They
other contracts. Competency and freedom from undue Espiritu, together with the products thereof,
This is an appeal by bill of exceptions, filed by therefore asked that they be absolved from the defendant's
influence, shown to have existed in the other acts done or uncollected since 1901, or their equivalent, to wit, P450
the counsel for the plaintiffs from the cross-complaint.
contracts executed, are presumed to continue until the per annum, and to pay the costs of the suit.
contrary is shown.32 judgment of September 22, 1914, in which
the judge of the Seventh Judicial District After trial and the introduction of evidence by both parties, the
dismissed the complaint filed by the plaintiffs In due season the defendant administrator answered court rendered the judgment aforementioned, to which the
Needless to state, since the donation was valid, Mercedes and ordered them to keep perpetual silence the aforementioned complaint, denying each and all of plaintiffs excepted and in writing moved for a reopening of the
had the right to sell the property to whomever she in regard to the litigated land, and to pay the the allegations therein contained, and in special case and a new trial. This motion was overruled, exception was
chose.33 Not a shred of evidence has been presented to costs of the suit. defense alleged that the land, the subject-matter of the
taken by the petitioners, and the proper bill of exceptions
prove the claim that Mercedes’ sale of the property to her complaint, had an area of only 21 cavanes of seed rice;
having been presented, the same was approved and
children was tainted with fraud or falsehood. It is of little that, on May 25, 1894, its owner, the deceased
By a complaint dated April 9, 1913, counsel transmitted to the clerk of this court.
bearing that the Deed of Sale was registered only after the Margarita Espiritu y Yutoc, the plaintiffs' mother, with
death of Mercedes. What is material is that the sale of the for Domingo and Josefa Mercado brought suit
the due authorization of her husband Wenceslao
property to Delia and Jesus Basa was legal and binding at in the Court of First Instance of Bulacan, As the plaintiffs assailed the validity of the deed of sale, Exhibit
Mercado y Arnedo Cruz sold to Luis Espiritu for the sum
the time of its execution. Thus, the property in question against Luis Espiritu, but, as the latter died 3, executed by them on May 17, 1910, on the ground that they
of P2,000 a portion of said land, to wit, an area such as
belongs to Delia and Jesus Basa. soon thereafter, the complaint was amended were minors when they executed it, the questions submitted to
is usually required for fifteen cavanes of seed; that
by being directed against Jose Espiritu in his the decision of this court consist in determining whether it is
subsequently, on May 14, 1901, Wenceslao Mercado y
capacity of his administrator of the estate of true that the plaintiffs were then minors and therefore
Finally, we note that the petitioners raised the issue of Arnedo Cruz, the plaintiffs' father, in his capacity as
the deceased Luis Espiritu. The plaintiffs incapable of selling their property on the date borne by the
prescription and laches for the first time on appeal before administrator of the property of his children sold
alleged that they and their sisters Concepcion instrument Exhibit 3; and in case they then were such, whether
this Court. It is sufficient for this Court to note that even if under pacto de retro to the same Luis Espiritu at the
and Paz, all surnamed Mercado, were the a person who is really and truly a minor and, notwithstanding,
the present appeal had prospered, the Deed of Donation price of P375 the remainder of the said land, to wit, an
children and sole heirs of Margarita Espiritu, a attests that he is of legal age, can, after the execution of the
was still a voidable, not a void, contract. As such, it area covered by six cavanes of seed to meet the
sister of the deceased Luis Espiritu; that deed and within legal period, ask for the annulment of the
remained binding as it was not annulled in a proper action expenses of the maintenance of his (Wenceslao's)
Margarita Espiritu died in 1897, leaving as her instrument executed by him, because of some defect that
in court within four years.34 children, and this amount being still insufficient the
paraphernal property a tract of land of 48 invalidates the contract, in accordance with the law (Civ. Code,
 4

arts. 1263 and 1300), so that he may obtain the restitution However, even prior to said date, to wit, on witness Maria Consejo Mercado recognized and Patricio Tanjucto, the notary before whom the deed Exhibit 3
of the land sold. May 14th of the same year, 1901, the identified the book Exhibit A, which she testified had was ratified, was a witness for the defendant. He testified that
widower Wenceslao Mercado, according to been kept and taken care of by her deceased father this deed was drawn up by him at the request of the plaintiff
the private document Exhibit 2, pledged or Wenceslao Mercado, pages 396 and 397 of which bear Josefa Mercado; that the grantors of the instrument assured
The records shows it to have been fully proven that in
mortgaged to the same man, Luis Espiritu, for the attestation that the plaintiff Domingo Mercado was him that they were all of legal age; that said document was
1891 Lucas Espiritu obtained title by composition with the
P375, a part, or an area covered by six born on August 4, 1890, and Josefa Mercado, on July signed by the plaintiffs and the other contracting parties, after
State, to three parcels of land, adjoining each other, in the
cavanes of seed, of the land that had 14, 1891. Furthermore, this witness corroborated the it had been read to them and had been translated into the
sitio of Panducot of the pueblo of Calumpit, Bulacan,
belonged to this vendor's deceased wife, to averment of the plaintiffs' minority, by the personal Pampangan dialect for those of them who did not understand
containing altogether an area of 75 hectares, 25 ares, and
the said Luis Espiritu and which now forms a registration certificate of said Domingo Mercado, of the Spanish. On cross-examination, witness added that ever since
59 centares, which facts appear in the title Exhibit D; that,
part of the land in question — a transaction year 1914, Exhibit C, by which it appears that in 1910 he was 18 years of age and began to court, he had known the
upon Luis Espiritu's death, his said lands passed by
which Mercado was obliged to make in order he was only 23 years old, whereby it would also be plaintiff Josefa Mercado, who was then a young maiden,
inheritance to his four children named Victoria, Ines,
to obtain funds with which "to cover his appear that Josefa Mercado was 22 years of age in although she had not yet commenced to attend social
Margarita, and Luis; and that, in the partition of said
children's needs." Wenceslao Mercado, the 1910, and therefore, on May 17,1910, when the gatherings, and that all this took place about the year 1898, for
decedent's estate, the parcel of land described in the
plaintiffs' father, having died, about the year instrument of purchase and sale, Exhibit 3, was witness said that he was then [at the time of his testimony,
complaint as containing forty-seven and odd hectares was
1904, the plaintiffs Domingo and Josefa executed, the plaintiffs must have been, respectively, 1914,] 34 years of age.
allotted to the brother and sister Luis and Margarita, in
Mercado, together with their sisters Consejo 19 and 18 years of age.
equal shares. Margarita Espiritu, married to Wenceslao
and Paz, declaring themselves to be of legal
Mercado y Ardeno Cruz, had by this husband five children, Antonio Espiritu, 60 years of age, who knew Lucas Espiritu and
age and in possession of the required legal
Maria Consejo, Maria de la Paz, Domingo, Josefa, and The witness Maria Consejo Mercado also testified that the properties owned by the latter, testified that Espiritu's land
status to contract, executed and subscribed
Amalia, all surnamed Mercado y Espiritu, who, at the after her father's death her brother and sisters contained an area of 84 cavanes, and after its owner's death,
before a notary the document Exhibit 3, on
death of their mother in 1896 inherited, by operation of removed to Manila to live there, although her brother was under witness' administration during to harvest two
May 17, 1910, in which referring to the
law, one-half of the land described in the complaint. Domingo used to reside with his uncle Luis Espiritu, harvest seasons; that the products yielded by a portion of this
previous sale of the land, effected by their
who took charge of the administration of the property land, to wit, an area such as is sown by about 15 cavanes of
deceased mother for the sum of P2,600 and
left by his predecessors in interest; that it was her uncle seed, had been, since 1894, utilized by Luis Espiritu, by reason
The plaintiffs' petition for annulment of the sale and the with her husband's permission and
Luis who got for her brother Domingo the other cedula, of his having acquired the land; and that, after Margarita
consequent restitution to them of two-fourths of the land authorization, they sold absolutely and in
Exhibit B, pertaining to the year 1910, where in it Espiritu's death, her husband Wenceslao Mercado took
left by their mother, that is, of one-fourth of all the land perpetuity to Luis Espiritu, for the sum of
appears that the latter was then already 23 years of possession of another portion of the land, containing an area of
described in the complaint, and which, they stated, P400 "as an increase" of the previous
age; that she did not know why her uncle did so; that six cavanes of seed and which had been left by this deceased,
amounts to 11 hectares, 86 ares and 37 centares. To this purchase price, the land described in said
she and her brother and sisters merely signed the deed and that he held same until 1901, when he conveyed it to Luis
claim the defendant excepted, alleging that the land in instrument and situated in Panducot, pueblo
of May 17, 1910; and that her father Wenceslao Espiritu. lawphi1.net
question comprised only an area such as is customarily of Calumpit, Bulacan, of an area equal to that
Mercado, prior to his death had pledged the land to her
covered by 21 cavanes of seed. usually sown with 21 cavanes of seed
uncle Luis Espiritu.
bounded on the north by the lands of Flaviano The defendant-administrator, Jose Espiritu, son of the deceased
Luis Espiritu, testified that the plaintiff Domingo Mercado used
It was also duly proven that, by a notarial instrument of Abreu and the heirs of Pedro Espiritu, on the
The witness Ines Espiritu testified that after the death to live off and on in the house of his deceased father, about the
May 25, 1894, the plaintiffs' mother conveyed by actual east by those of Victoria Espiritu and Ines
of the plaintiffs' father, it was Luis Espiritu who directed year 1909 or 1910, and used to go back and forth between his
and absolute sale for the sum of P2,000, to her brother Espiritu, on the south by those of Luis Espiritu,
the cultivation of the land in litigation. This testimony father's house and those of his other relatives. He denied that
Luis Espiritu a portion of the land now on litigation, or an and on the west by those of Hermogenes Tan-
was corroborated by her sister Victoria Espiritu, who his father had at any time administered the property belonging
area such as is usually covered by about 15 cavanes of Toco and by the Sapang-Maitu stream.
added that her nephew, the plaintiff Domingo, had to the Mercado brother and sisters.
seed; and that, on account of the loss of the original of said
lived for some time, she did not know just how long,
instrument, which was on the possession of the purchaser In this status of the case the plaintiffs seek the
under the control of Luis Espiritu.
Luis Espiritu, and furthermore because, during the annulment of the deed Exhibit 3, on the In rebuttal, Antonio Mercado, a cousin of Wenceslao, father of
revolution, the protocols or registers of public documents ground that on the date of its execution they the plaintiffs, testified that he mediate in several transactions in
of the Province of Bulacan were burned, Wenceslao were minors without legal capacity to Roque Galang, married to a sister of Luis Espiritu, connection with a piece of land belonging to Margarita Espiritu.
Mercado y Arnedo Cruz, the widower of the vendor and contract, and for the further reason that the stated that the land that fell to his wife and to his When shown the deed of purchase and sale Exhibit 1, he stated
father of the plaintiffs, executed, at the instance of the deceased purchaser Luis Espiritu availed sister-in-law Victoria, and which had an area of about 8 that he was not acquainted with its contents. This same witness
interested party Luis Espiritu, the notarial instrument himself of deceit and fraud in obtaining their hectares less than that of the land allotted to the also testified that he mediated in a transaction had between
Exhibit 1, of the date of May 20, 1901, in his own name consent for the execution of said deed. aforementioned Luis and Margarita produced for his Wenceslao Mercado and Luis Espiritu (he did not remember the
and those of his minor children Maria Consejo, Maria de la wife and his sister-in-law Victoria a net and minimum year), in which the former sold to the latter a parcel of land
Paz, Domingo, Josefa, and Amalia, and therein set forth yield of 507 cavanes in 1907, in spite of its being high situated in Panducot. He stated that as he was a witness of the
As it was proven by the testimony of the clerk
that it was true that the sale of said portion of land had land and of inferior quality, as compared with the land deed of sale he could identify this instrument were it exhibited
of the parochial church of Apalit (plaintiffs
been made by his aforementioned wife, then deceased, to in dispute, and that its yield was still larger in 1914, to him; but he did not do so, for no instrument whatever was
were born in Apalit) that the baptismal
Luis Espiritu in 1894. when the said two sisters' share was 764 cavanes. presented to him for identification. The transaction mentioned
register books of that parish pertaining to the
must have concerned either the ratification of the sale of the
years 1890-1891, were lost or burned, the
land of 15 cavanes, in 1901, attested in Exhibit 1, or the
 5

mortgage or pledge of the other parcel of 6 cavanes, given In the aforementioned sale, according to the for the sum of P600, is likewise in lawful possession of appear to have been assailed as such, and as it was signed by
on May 14, 1901, by Wenceslao Mercado to Luis Espiritu, deed of May 25, 1894, Margarita Espiritu the remainder of the land, or an area containing 6 the plaintiffs' father, there is no legal ground or well-founded
as may be seen by the private document Exhibit 2. In conveyed to her brother Luis the parcel of 15 cavanes of seed. reason why it should be rejected. It was therefore properly
rebuttal, the plaintiff Josefa Mercado denied having gone cavanes of seed, Exhibit 1, and after her death admitted as evidence of the certainty of the facts therein set
to the house of the notary Tanjutco for the purpose of the plaintiffs' widowed father mortgaged or forth.
The plaintiffs have absolutely no right whatever to
requesting him to draw up any document whatever. She pledged the remaining parcel or portion of 6
recover said first parcel of land, as its ownership was
stated that she saw the document Exhibit 3 for the first cavanes of seed to her brother-in-law, Luis
conveyed to the purchaser by means of a singular title The principal defect attributed by the plaintiffs to the document
time in the house of her uncle Luis Espiritu on the day she Espiritu, in May, 1901 (Exhibit 2). So it is that
of purchase and sale; and as to the other portion of 6 Exhibit 3 consists in that, on the date of May 17, 1910, when it
signed it, on which occasion and while said document was the notarial instrument Exhibit 3, which was
cavanes of seed, they could have redeemed it before was executed that they signed it, they were minors, that is,
being signed said notary was not present, nor were the assailed by the plaintiffs, recognized the
May 17, 1910, upon the payment or the return of the they had not yet attained the age of 21 years fixed by Act No.
witnesses thereto whose names appear therein; and that validity of the previous contracts, and the
sum which their deceased father Wenceslao Mercado 1891, though no evidence appears in the record that the
she went to her said uncle's house, because he had sent totality of the land, consisting of an area
had, during his lifetime, received as a loan under plaintiffs Josefa and Domingo Mercado were in fact minors, for
for her, as well as her brother and sisters, sending a containing 21 cavanes of seed rice, was sold
security of the pledged property; but, after the no certified copies were presented of their baptismal
carromata to fetch them. Victoria Espiritu denied ever absolutely and in perpetuity, the vendors
execution of the document Exhibit 3, the creditor Luis certificates, nor did the plaintiffs adduce any supplemental
having been in the house of her brother. Luis Espiritu in receiving in exchange P400 more; and there is
Espiritu definitely acquired the ownership of said parcel evidence whatever to prove that Domingo was actually 19 and
company with the plaintiffs, for the purpose of giving her no conclusive proof in the record that this last
of 6 cavanes. It is therefore a rash venture to attempt Josefa 18 years of age when they signed the document Exhibit
consent to the execution of any deed in behalf of her document was false and simulated on account
to recover this latter parcel by means of the contract of 3, on May 17, 1910, inasmuch as the copybook, Exhibit A,
brother. of the employment of any violence,
final and absolute sale, set forth in the deed Exhibit 3. notwithstanding the testimony of the plaintiff Consejo
intimidation, fraud, or deceit, in the procuring
Mercado, does not constitute sufficient proof of the dates of
of the consent of the vendors who executed
The evidence adduced at the trial does not show, even births of the said Domingo and Josefa.
it. Moreover, the notarial document Exhibit 1, are regards
circumstantially, that the purchaser Luis Espiritu employed
the statements made therein, is of the nature of a
fraud, deceit, violence, or intimidation, in order to effect
public document and is evidence of the fact which gave However, even in the doubt whether they certainly were of
the sale mentioned in the document Exhibit 3, executed on Considering the relation that exists between
rise to its execution and of the date of the latter, even legal age on the date referred to, it cannot be gainsaid that in
May 17, 1910. In this document the vendors, the brother the document Exhibit 3 and those of previous
against a third person and his predecessors in interest the document Exhibit 3 they stated that they were of legal age
and the sisters Domingo, Maria del Consejo, Paz and, dates, Exhibits 1 and 2, and taking into the
such as are the plaintiffs. (Civ. Code, art. 1218.) at the time they executed and signed it, and on that account
Josefa surnamed Mercado y Espiritu, attested the certainty account the relationship between the
the sale mentioned in said notarial deed Exhibit 3 is perfectly
of the previous sale which their mother, during her contracting parties, and also the general
valid — a sale that is considered as limited solely to the parcel
lifetime, had made in behalf of said purchaser Luis Espiritu, custom that prevails in many provinces of The plaintiffs' father, Wenceslao Mercado, recognizing
of land of 6 cavanes of seed, pledged by the deceased father of
her brother with the consent of her husband Wenceslao these Islands for the vendor or debtor to it to be perfectly true that his wife Margarita Espiritu
the plaintiffs in security for P600 received by him as a loan from
Mercado, father of the vendors of the portion of land obtain an increase in the price of the sale or sold said parcel of land which she inherited from her
his brother-in-law Luis Espiritu, for the reason that the parcel of
situated in the barrio of Panducot, pueblo of Calumpit, of the pledge, or an increase in the amount father, of an area of about "15 cavanes of seed," to her
15 cavanes had been lawfully sold by its original owner, the
Bulacan; and in consideration of the fact that the said loaned, without proof to the contrary, it brother Luis Espiritu, by means of an instrument
plaintiffs' mother.
vendor Luis Espiritu paid them, as an increase, the sum of would be improper and illegal to hold, in view executed by her on May 25,1894 — an instrument that
P400, by virtue of the contract made with him, they of the facts hereinabove set forth, that the disappeared or was burned — and likewise recognizing
declare having sold to him absolutely and in perpetuity purchaser Luis Espiritu, now deceased, had that the protocols and register books belonging to the The courts, in their interpretation of the law, have laid down
said parcel of the land, waive and thenceforth any and all any need to forge or simulate the document Province of Bulacan were destroyed as a result of the the rule that the sale of real estate, made by minors who
rights they may have, inasmuch as said sum constitutes the Exhibit 3 inasmuch as, since May, 1894, he past revolution, at the request of his brother-in-law Luis pretend to be of legal age, when in fact they are not, is valid,
just price of the property. has held in the capacity of owner by virtue of Espiritu he had no objection to give the testimony and they will not be permitted to excuse themselves from the
a prior acquisition, the parcel of land of 15 recorded in said notarial instrument, as it was the truth fulfillment of the obligations contracted by them, or to have
cavanes of seed, and likewise, since May, regarding what had occurred, and in so doing he acted them annulled in pursuance of the provisions of Law 6, title 19,
So that said document Exhibit 3 is virtually an
1901, according to the contract of mortgage as the plaintiffs' legitimate father in the exercise of his of the 6th Partida; and the judgment that holds such a sale to
acknowledgment of the contract of sale of the parcel or
or pledge, the parcel of 6 cavanes, or the parental authority, inasmuch as he had personal be valid and absolves the purchaser from the complaint filed
portion of land that would contain 15 cavanes of seed rice
remainder of the total area of 21 cavanes. knowledge of said sale, he himself being the husband against him does not violate the laws relative to the sale of
made by the vendors' mother in favor of the purchaser
who authorized said conveyance, notwithstanding that minors' property, nor the juridical rules established in
Luis Espiritu, their uncle, and likewise an acknowledgment
his testimony affected his children's interest and consonance therewith. (Decisions of the supreme court of
of the contract of pledge or mortgage of the remainder of So that Luis Espiritu was, during his lifetime,
prejudiced his own, as the owner of any fruits that Spain, of April 27, 1860, July 11, 1868, and March 1,
said land, an area of six cavanes, made with the same and now, after his death, his testate or
might be produced by said real property. 1875.) itc@alf
purchaser, at an increase of P400 over the price of P2,600, intestate estate is in lawful possession of the
making an aggregate sum of P3,000, decomposed as parcel of land situated in Panducot that
follows: P2,000, collected during her lifetime, by the contains 21 cavanes of seed, by virtue of the The signature and handwriting of the document Exhibit With respect to the true age of the plaintiffs, no proof was
vendors' father; and the said increase of P400, collected by title of conveyance of ownership of the land 2 were identified as authentic by one of the plaintiffs, adduced of the fact that it was Luis Espiritu who took out
the plaintiffs. measuring 15 cavanes, and, in consequence of Consejo Mercado, and as the record shows no evidence Domingo Mercado's personal registration certificate on April
the contract of pledge or mortgage in security whatever that this document is false, and it does not 13, 1910, causing the age of 23 years to be entered therein in
 6

order to corroborate the date of the notarial instrument of Genoveva Muerong in 1915 which, according to Exhibit possesses about half of the land in question. There are,
May 17th of the same year; and the supposition that he 3, was P200 and according to the testimony of Paula therefore, not sufficient data in the record to award the
did, would also allow it to be supposed, in order to show Prado, was P150, and Genoveva Muerong having damages claimed by the plaintiff.
G.R. No. L-27710             January 30, 1928
the propriety of the claim, that the cedula Exhibit C was learned later that the land within which was included
taken out on February 14, 1914, where in it is recorded that described in said Exhibit 3, had a Torrens title
In view of the foregoing, the dispositive part of the decision
that Domingo Mercado was on that date 23 years of age, ISIDRO BAMBALAN Y PRADO, plaintiff- issued in favor of the plaintiff's father, of which the
appealed from is hereby affirmed, without any express findings
for both these facts are not proved; neither was any proof appellant, latter is the only heir and caused the plaintiff to sign a
as to the costs in this instance. So ordered.
adduced against the statement made by the plaintiffs vs. conveyance of the land.
Domingo and Josefa in the notarial instrument Exhibit 3, GERMAN MARAMBA and GENOVEVA
that, on the date when they executed it, they were already MUERONG, defendants-appellants. G.R. No. L-1720             March 4, 1950
At any rate, even supposing that the document in
of legal age, and, besides the annotation contained in the
question, Exhibit 1, embodies all of the requisites
copybook Exhibit A, no supplemental proof of their true Pedro C. Quinto for plaintiff-appellant. SIA SUAN and GAW CHIAO, petitioners,
prescribed by law for its efficacy, yet it does not,
ages was introduced. Turner, Rheberg and Sanchez for defendants- vs.
according to the provisions of section 50 of Act No. 496,
appellants. bind the land and would only be a valid contract RAMON ALCANTARA, respondent.
Aside from the foregoing, from a careful examination of between the parties and as evidence of authority to the
the record in this case, it cannot be concluded that the ROMUALDEZ, J.: register of deeds to make the proper registration, Antonio Barredo for petitioners.
plaintiffs, who claim to have minors when they executed inasmuch as it is the registration that gives validity to Zosimo D. Tanalega for respondents.
the notarial instrument Exhibit 3, have suffered positive the transfer. Therefore, the defendants, by virtue of the
and actual losses and damages in their rights and interests The defendants admit in their amended document Exhibit 1 alone, did not acquire any right to
as a result of the execution of said document, inasmuch as answer those paragraphs of the complaint the property sold as much less, if it is taken into PARAS, J.:
the sale effected by the plaintiffs' mother, Margarita wherein it is alleged that Isidro Bambalan y consideration, the vendor Isidro Bambalan y Prado, the
Espiritu, in May, 1894, of the greater part of the land of 21 Colcotura was the owner, with Torrens title, herein plaintiff, was a minor. On August 3, 1931, a deed of sale was executed by Rufino
cavanes of seed, did not occasion any damage or prejudice of the land here in question and that the
Alcantara and his sons Damaso Alcantara and Ramon Alcantara
to the plaintiffs, inasmuch as their father stated in the plaintiff is the sole and universal heir of the
As regards this minority, the doctrine laid down in the conveying to Sia Suan five parcels of land. Ramon Alcantara was
document Exhibit 2 that he was obliged to mortgage or said deceased Isidro Bambalan y Colcotura, as
case of Mercado and Mercado vs. Espiritu (37 Phil., then 17 years, 10 months and 22 days old. On August 27, 1931,
pledge said remaining portion of the land in order to regards the said land. This being so, the
215), wherein the minor was held to be estopped from Gaw Chiao (husband of Sia Suan) received a letter from
secure the loan of the P375 furnished by Luis Espiritu and fundamental question to be resolved in this
contesting the contract executed by him pretending to Francisco Alfonso, attorney of Ramon Alcantara, informing Gaw
which was subsequently increased to P600 so as to provide case is whether or not the plaintiff sold the
be age, is not applicable herein. In the case now before Chiao that Ramon Alcantara was a minor and accordingly
for certain engagements or perhaps to meet the needs of land in question to the defendants.
us the plaintiff did not pretend to be of age; his disavowing the contract. After being contacted by Gaw Chiao,
his children, the plaintiff; and therefore, to judge from the however, Ramon Alcantara executed an affidavit in the office of
minority was well known to the purchaser, the
statements made by their father himself, they received The defendants affirm they did and as proof defendant, who was the one who purchased the Jose Gomez, attorney of Gaw Chiao, wherein Ramon Alcantara
through him, in exchange for the land of 6 cavanes of seed, of such transfer present document Exhibit 1, plaintiff's first cedula used in the acknowledgment of ratified the deed of sale. On said occasion Ramon Alcantara
which passed into the possession of the creditor Luis dated July 17, 1922. The plaintiff asserts that the document. received from Gaw Chiao the sum of P500. In the meantime, Sia
Espiritu, the benefit which must have accrued to them while it is true that he signed said document, Suan sold one of the lots to Nicolas Azores from whom Antonio
from the sums of money received as loans; and, finally, on yet he did so by intimidation made upon his Azores inherited the same.
the execution of the impugned document Exhibit 3, the mother Paula Prado by the defendant In regard to the amount of money that the defendants
plaintiffs received and divided between themselves the Genoveva Muerong, who threatened the allege to have given the plaintiff and her son in 1992 as
On August 8, 1940, an action was instituted by Ramon
sum of P400, which sum, added to that P2,000 received by former with imprisonment. While the the price of the land, the preponderance of evidence
Alcantara in the Court of First Instance of Laguna for the
Margarita Espiritu, and to that of the P600 collected by evidence on this particular point does not shows that no amount was given by the defendants to
annulment of the deed of sale as regards his undivided share in
Wenceslao Mercado, widower of the latter and father of decisively support the plaintiff's allegation, the alleged vendors in said year, but that the sum of
the two parcels of land covered by certificates of title Nos. 751
the plaintiffs, makes all together the sum of P3,000, the this document, however, is vitiated to the P663.40, which appears in the document Exhibit 1, is
and 752 of Laguna. Said action was against Sia Suan and her
amount paid by the purchaser as the price of all the land extent of being void as regards the said arrived at, approximately, by taking the P150 received
husband Gaw Chiao, Antonio, Azores, Damaso Alcantara and
containing 21 cavanes of seed, and is the just price of the plaintiff, for the reason that the latter, at the by Paula Prado and her husband in 1915 and adding
Rufino Alcantara (the latter two being, respectively, the brother
property, was not impugned, and, consequently, should be time he signed it, was a minor, which is clearly thereto interest at the rate of 50 per cent annum, then
and father of Ramon Alcantara appealed to the Court of
considered as equivalent to, and compensatory for, the shown by the record and it does not appear agreed upon, or P75 a year for seven years up to July
Appealed which reversed the decision of the trial court, on the
true value of said land. that it was his real intention to sell the land in 31, 1922, the sate of Exhibit 1.
ground that the deed of sale is not binding against Ramon
question.
Alcantara in view of his minority on the date of its execution,
For the foregoing reasons, whereby the errors assigned to The damages claimed by the plaintiff have not been and accordingly sentenced Sia Suan to pay to Ramon Alcantara
the judgment appealed from have been refuted, and What is deduced from the record is, that his sufficiently proven, because the witness Paula Prado the sum of P1,750, with legal interest from December 17, 1931,
deeming said judgment to be in accordance with law and mother Paula Prado and the latter's second was the only one who testified thereto, whose in lieu of his share in the lot sold to Antonio Azores (who was
the evidence of record, we should, and do hereby, affirm husband Vicente Lagera, having received a testimony was contradicted by that of the defendant absolved from the complaint), and to reconvey to Ramon
the same, with costs against the appellants. So ordered. certain sum of money by way of a loan from Genoveva Muerong who, moreover, asserts that she Alcantara an undivided one-fourth interest in the lot originally
 7

covered by certificate of title NO. 752 of Laguna plus the who pretend to be of legal age, when it fact the appellee was a minor on the date of the contract, his consent thereof. The only misrepresentation as to his age, if
cost of the suit. From this judgment Sia Suan and Gaw they are not, is valid, and they will not be and somewhat emphasizes appellee's had faith, when it any, was the statement appearing in the instrument that he
Chiao have come to us on appeal by certiorari. permitted to excuse themselves from the is borne in mind that no sooner had he given said was of age. On 27 August 1931, or 24 days after the deed was
fulfillment of the obligations contracted by information than he ratified his deed of sale upon executed, Gaw Chiao, the husband of the vendee Sia Suan, was
them, or to have them annulled in pursuance receiving from the appellants the sum of P500. advised by Atty. Francisco Alfonso of the fact that his client
It is undeniable that the deed of sale signed by the
of the provisions of Law 6 title 19, of the 6th Ramon Alcantara was a minor. The fact that the latter, for and
appellee, Ramon Alcantara, On August 3, 1931, showed
Partida; and the judgment that holds such a in consideration of P500, executed an affidavit, whereby he
that he, like his co-signers (father and brother), was then Counsel for the appellees argues that the appellants
sale to valid and absolves the purchaser from ratified the deed of sale, is of no moment. He was still minor.
of legal age. It is not pretend and there is nothing to could not have been misled as to the real age of the
the complaint filed against him does not The majority opinion invokes the rule laid down in the case of
indicate that the appellants did not believe and rely on appellee because they were free to make the necessary
violate the laws relative to the sale of minors' Mercado et al. vs. Espiritu, 37 Phil., 215. The rule laid down by
such recital of fact. This conclusion is decisive and very investigation. The suggestion, while perhaps
property, nor the juridical rules established in this Court in that case is based on three judgments rendered by
obvious in the decision of the Court of Appeals It is true practicable, is conspicuously unbusinesslike and beside
consonance therewith. (Decisions of the the Supreme Court of Spain on 27 April 1960, 11 July 1868, and
that in the resolution on the for reconsideration, the Court the point, because the findings of the Court of Appeals
Supreme Court of Spain, of April 27, 1840, July 1 March 1875. In these decisions the Supreme Court of Spain
of Appeals remarked that "The fact that when informed of do not show that the appellants knew or could
11, 1868, and March 1, 1875.) applied Law 6, Title 19, of the 6th Partida which expressly
appellant's minority, the appellees too no steps for nine suspected appellee's minority.
provides:
years to protect their interest beyond requiring the
appellant to execute a ratification of the sale while still a The Court of Appeals has refused to apply this
The Court of Appeals seems to be of the opinion that
minor, strongly indicates that the appellees knew of his doctrine on the ground that the appellants did "Diziendo o ortogando el que fuese menor, que era mayor de
the letter written by the appellee informing the
minority when the deed of sale was executed." But the not actually pay any amount in cash to the XXV años, si ouiesse persona que paresciesse de tal tiempo, si
appellants of his minority constituted an effective
feeble insinuation is sufficiently negative by the following appellee and therefore did not suffer any lo faze enganosamente, valdria el pleyto que assi fuere fecho
disaffirmance of the sale, and that although the choice
positive pronouncements of the Court of Appeals as well in detriment by reason of the deed of sale, it con el e non deue ser desatado despues, como quier que non
to disaffirm will not by itself avoid the contract until the
said resolution as in the decision. being stipulated that the consideration era de edad quando lo fizo: esto es, porque las leyes ayudan a
courts adjudge the agreement to be invalid, said notice
therefore was a pre-existing indebtedness of los enganados, e non a los enganadores. . . ." (Alcubilla, Codigos
shielded the appellee from laches and consequent
appellee's father, Rufino Alcantara. We are of Antigous de España, p. 613.)
As to the complaint that the defendant is guilty of laches, estoppel. This position is untenable since the effect of
the opinion that the Court of Appeals erred.
suffice it to say that the appellees were informed of his estoppel in proper cases is unaffected by the
In the first place, in the case cited, the
minority within one (1) month after the transaction was promptness with which a notice to disaffirm is made. The contract of sale involved in the case of Mercado vs.
consideration for sale consisted in greater
completed. (Resolution.) Espiritu, supra, was executed by the minors on 17 May 1910.
part of pre-existing obligation. In the second
The Law in force on this last-mentioned date was not Las Siete
place, under the doctrine, to bind a minor The appealed decision of the Court of Appeals is hereby
Partidas, 1 which was the in force at the time the cases decided
Finally, the appellees were equally negligent in not taking who represents himself to be of legal age, it is reversed and the appellants absolved from the
by the Supreme Court of Spain referred to, but the Civil Code
any action to protect their interest form and after August not necessary for his vendee to actually part complaint, with costs against the appellee, Ramon
which took effect in the Philippines on 8 December 1889. As
27, 1931, when they were notified in writing of appellant's with cash, as long as the contract is supported Alcantara. So ordered.
already stated, the Civil Code requires the consent of both
minority. (Resolution.) by a valid consideration. Since appellee's
parties for the valid execution of a contract (art. 1261, Civil
conveyance to the appellants was admittedly Ozaeta, Tuason, Montemayor and Torres, JJ., concur. Code). As a minor cannot give his consent, the contract made
. . . The fact remains that the appellees were advised for and in virtue of a pre-existing or executed by him has no validity and legal effect. There is no
within the month that appellant was a minor, through the indebtedness (unquestionably a valid provision in the Civil Code similar to that of Law 6, Title 19, of
letter of Attorney Alfonso (Exhibit 1) informing appellees of consideration), it should produce its full force the 6th Partida which is equivalent to the common law
his client's desire to disaffirm the contract . . . (Decision.) and effect in the absence of any other vice
principle of estoppel. If there be an express provision in the
that may legally invalidate the same. It is not Separate Opinions Civil Code similar law 6, Title 19, of the 6th Partida, I would
here claimed that the deed of sale is null and
The purchaser having been apprised of incapacity of his void on any ground other than the appellee's agree to the reasoning of the majority. The absence of such
vendor shortly after the contract was made, the delay in minority. Appellee's contract has become fully PADILLA, J., concurring: provision in the Civil Code is fatal to the validity of the contract
bringing the action of annulment will not serve to bar it efficacious as a contract executed by parties executed by a minor. It would be illogical to uphold the validity
unless the period fixed by the statute of limitations expired with full legal capacity. of a contract on the ground of estoppel, because if the contract
I concur in the result not upon the grounds stated in executed by a minor is null and void for lack of consent and
before the filing of the complaint. . . . (Decision.) the majority opinion but for the following reasons: The produces no legal effect, how could such a minor be bound by
The circumstance that, about one month after deed of sale executed by Ramon Alcantara on 3 August misrepresentation about his age? If he could not be bound by a
In support of the contend that the deed of sale is binding the date of the conveyance, the appellee 1931 conveying to Sia Suan five parcels of land is null direct act, such as the execution of a deed of sale, how could he
on the appellee, counsel for the appellants invokes the informed the appellants of his minority, is of and void insofar as the interest, share, or participation be bound by an indirect act, such as misrepresentation as to his
decision in Mercado and Mercado vs. Espiritu (37 Phil., no moment, because appellee's previous of Ramon Alcantara in two parcels of land is concerned, age? The rule laid down in Young vs. Tecson, 39 O. G. 953, in my
215), wherein this court held: misrepresentation had already estopped him because on the date of sale he was 17 years, 10 months opinion, is the correct one.
from disavowing the contract. Said belated and 22 days old only. Consent being one of the
essential requisites for the execution of a valid contract,
The courts, in their interpretation of the law, have laid information merely leads to the inference
a minor, such as Ramon Alcantara was, could not give Nevertheless, as the action in this case was brought on 8
down the rule that the sale of real estate, made by minors that the appellants in fact did not know that August 1940, the same was barred, because it was not brought
 8

within four (4) years after the minor had become of age, be responsible, (Art. 1148, Civil Code). It is not constructure. It has been held that his mere silence from the contract. For one thing, they have not filed in this
pursuant to article 1301 of the Civil Code. Ramon Alcantara denied that at the time of signing Exhibit A, when making a contract as to age does not constitute a case an action for annulment.2 They merely interposed an
became of age sometime in September 1934. Guillermo and Rodolfo Braganza were minors- fraud which can be made the basis of an action of decit. excuse from liability.
16 and 18 respectively. However, the Court of (Emphasis Ours.)
Appeals found them liable pursuant to the
Upon the other hand, these minors may not be entirely
following reasoning:
The fraud of which an infant may be held liable to one absolved from monetary responsibility. In accordance with the
who contracts with him in the belief that he is of full provisions of Civil Code, even if their written contact is
. . . . These two appellants did not make it age must be actual not constructive, and mere failure unenforceable because of non-age, they shall make restitution
G.R. No. L-12471             April 13, 1959 appears in the promissory note that they were of the infant to disclose his age is not sufficient. (27 to the extent that they have profited by the money they
not yet of legal age. If they were really to American Jurisprudence, p. 819.) received. (Art. 1340) There is testimony that the funds
their creditor, they should have appraised him delivered to them by Villa Abrille were used for their
ROSARIO L. DE BRAGANZA, ET AL., petitioners, on their incapacity, and if the former, in spite support during the Japanese occupation. Such being the case, it
vs. The Mecado case1 cited in the decision under review is
of the information relative to their age, is but fair to hold that they had profited to the extent of the
FERNANDO F. DE VILLA ABRILLE, respondent. different because the document signed therein by the
parted with his money, then he should be value of such money, which value has been authoritatively
minor specifically stated he was of age; here Exhibit A
contended with the consequence of his act. established in the so-called Ballantine Schedule: in October
contained no such statement. In other words, in the
Oscar M. Herrera for petitioners. But, that was not the case. Perhaps 1944, P40.00 Japanese notes were equivalent to P1 of current
Mercado case, the minor was guilty of active
R. P. Sarandi and F. Valdez Anama for respondents. defendants in their desire to acquire much Philippine money.
misrepresentation; whereas in this case, if the minors
needed money, they readily and willingly
were guilty at all, which we doubt it is of passive (or
signed the promissory note, without
BENGZON, J.: constructive) misrepresentation. Indeed, there is a Wherefore, as the share of these minors was 2/3 of P70,000 of
disclosing the legal impediment with respect
growing sentiment in favor of limiting the scope of the P46,666.66, they should now return P1,166.67.3 Their promise
to Guillermo and Rodolfo. When minor, like in
application of the Mercado ruling, what with the to pay P10,000 in Philippine currency, (Exhibit A) can not be
Rosario L. de Braganza and her sons Rodolfo and Guillermo the instant case, pretended to be of legal age,
consideration that the very minority which enforced, as already stated, since they were minors incapable
petition for review of the Court of Appeal's decision in fact they were not, they will not later on be
incapacitated from contracting should likewise exempt of binding themselves. Their liability, to repeat, is presently
whereby they were required solidarily to pay Fernando F. permitted to excuse themselves from the
them from the results of misrepresentation. declared without regard of said Exhibit A, but solely in
de Villa Abrille the sum of P10,000 plus 2 % interest from fulfillment of the obligation contracted by
pursuance of Article 1304 of the Civil Code.
October 30, 1944. them or to have it annulled. (Mercado, et al.
vs. Espiritu, 37 Phil., 215.) [Emphasis Ours.] We hold, on this point, that being minors, Rodolfo and
Guillermo Braganza could not be legally bound by their Accordingly, the appealed decision should be modified in the
The above petitioners, it appears, received from Villa
signatures in Exhibit A. sense that Rosario Braganza shall pay 1/3 of P10,000 i.e.,
Abrille, as a loan, on October 30, 1944 P70,000 in Japanese We cannot agree to above conclusion. From
P3,333.334 plus 2% interest from October 1944; and Rodolfo
war notes and in consideration thereof, promised in the minors' failure to disclose their
and Guillermo Braganza shall pay jointly 5 to the same creditor
writing (Exhibit A) to pay him P10,000 "in legal currency of minority in the same promissory note they It is argued, nevertheless, by respondent that inasmuch
the total amount of P1,166.67 plus 6% interest beginning
the P. I. two years after the cessation of the present signed, it does not follow as a legal as this defense was interposed only in 1951, and
March 7, 1949, when the complaint was filed. No costs in this
hostilities or as soon as International Exchange has been proposition, that they will not be permitted inasmuch as Rodolfo reached the age of majority in
instance.
established in the Philippines", plus 2 % per annum. thereafter to assert it. They had no juridical 1947, it was too late to invoke it because more than 4
duty to disclose their inability. In fact, years had elapsed after he had become emancipated
according to Corpuz Juris Secundum, 43 p. upon reaching the age of majority. The provisions of
Because payment had not been made, Villa Abrille sued
206; Article 1301 of the Civil Code are quoted to the effect
them in March 1949.
that "an action to annul a contract by reason of
G.R. No. 173822               October 13, 2010
majority must be filed within 4 years" after the minor
. . . . Some authorities consider that a false
In their answer before the Manila court of first Instance, has reached majority age. The parties do not specify
representation as to age including a contract SALVADOR ATIZADO and SALVADOR MONREAL, Petitioners,
defendants claimed to have received P40,000 only — the exact date of Rodolfo's birth. It is undenied,
as part of the contract and accordingly hold vs.
instead of P70,000 as plaintiff asserted. They also averred however, that in October 1944, he was 18 years old. On
that it cannot be the basis of an action in tort. PEOPLE OF THE PHILIPPINES, Respondent.
that Guillermo and Rodolfo were minors when they signed the basis of such datum, it should be held that in
Other authorities hold that such
the promissory note Exhibit A. After hearing the parties October 1947, he was 21 years old, and in October
misrepresentation may be the basis of such
and their evidence, said court rendered judgment, which 1951, he was 25 years old. So that when this defense DECISION
an action, on the theory that such
the appellate court affirmed, in the terms above described. was interposed in June 1951, four years had not yet
misrepresentation is not a part of, and does
completely elapsed from October 1947.
not grow out of, the contract, or that the BERSAMIN, J.:
There can be no question about the responsibility of Mrs. enforcement of liability for such
Rosario L. Braganza because the minority of her consigners misrepresentation as tort does not constitute Furthermore, there is reason to doubt the pertinency of
note release her from liability; since it is a personal an indirect of enforcing liability on the the 4-years period fixed by Article 1301 of the Civil On May 4, 2000, the Regional Trial Court (RTC), Branch 52,
defense of the minors. However, such defense will benefit contract. In order to hold infant liable, Code where minority is set up only as a defense to an Sorsogon, convicted the petitioners of murder.1 On December
her to the extent of the shares for which such minors may however, the fraud must be actual and not action, without the minors asking for any positive relief 13, 2005, the Court of Appeals (CA) affirmed their conviction in
 9

C.A.-G.R. CR-HC No. 01450, but modified the awarded attended the fiesta of Barangay Bonga in Sorsogon, because he had been sick of influenza, while ordered to pay the heirs of Rogelio Llona the amount of: (a)
damages.2 Castilla, Sorsogon; that at about 8 pm of that Monreal and Danilo had been in the house of a certain ₱50,000.00 as civil indemnity; (b) ₱30,000.00 as actual
date, they had gone to the house of Manuel Ariel also in Barangay Tomalaytay, Castilla, Sorsogon damages; and (c) ₱50,000.00 as moral damages.
Desder (Desder) in the same barangay; that as drinking gin; that the petitioners and Danilo had not
The petitioners contest the CA’s affirmance of their
they and Jose Jesalva (Jesalva), a barangay been recognized to be at the crime scene during the
conviction in this appeal via petition for review on SO ORDERED.11
kagawad of the place, were seated in the sala shooting of Llona; and that the petitioners had been
certiorari.
of Desder’s house, she heard "thundering implicated only because of their being employed by
steps" as if people were running and then two their uncle Lorenzana, the alleged mastermind in the After the CA denied their motion for reconsideration,12 the
We affirm their conviction, but we reduce the penalty successive gunshots; that she then saw killing of Llona. petitioners now appeal.
imposed on Salvador Monreal because the RTC and the CA Atizado pointing a gun at the prostrate body
did not duly appreciate his minority at the time of the of Llona; that seeing Atizado about to shoot
As stated, on May 4, 2000, the RTC convicted the Issue
commission of the crime. We order his immediate release Llona again, she shouted: Stop, that’s
petitioners but acquitted Danilo, viz:
from prison because he already served his sentence, as enough!; that while aiding Llona, she heard
hereby modified. Also, we add to the damages to which three clicking sounds, and, turning towards The petitioners submit that the RTC and the CA erred in finding
the heirs of the victim were entitled in order to accord the direction of the clicking sounds, saw WHEREFORE, premises considered, the Court finds them guilty of murder beyond reasonable doubt based on the
with the prevailing law and jurisprudence. Monreal point his gun at her while he was accused Salvador Atizado and Salvador Monreal guilty eyewitness testimony of Mirandilla despite her not being a
moving backwards and simultaneously beyond reasonable doubt of the crime of murder, credible witness; that some circumstances rendered
adjusting the cylinder of his gun; that the defined and penalized under Article 248 of the Revised Mirandilla’s testimony unreliable, namely: (a) she had failed to
Antecedents
petitioners then fled the scene of the Penal Code, with the qualifying circumstance of identify them as the assailants of Llona, because she had not
shooting; that she rushed to the house of treachery, the Court hereby sentences each of the actually witnessed them shooting at Llona; (b) she had merely
On June 20, 1994, the Office of the Sorsogon Provincial barangay captain Juanito Lagonsing accused to an imprisonment of Reclusion Perpetua and assumed that they had been the assailants from the fact that
Prosecutor formally charged the petitioners and a certain (Lagonsing) to report the shooting; and that to pay the heirs of Rogelio Llona the sum of Fifty they had worked for Lorenzana, the supposed mastermind; (c)
Danilo Atizado (Danilo) with murder through the following she and Lagonsing brought Llona to a hospital Thousand (₱50,000.00) Pesos, Philippines currency, in the autopsy report stated that Llona had been shot from a
information, to wit: where Llona was pronounced dead.5 solidum, as civil indemnity, without subsidiary distance, not at close range, contrary to Mirandilla’s claim; (d)
imprisonment in case of insolvency; to reimburse the Mirandilla’s testimony was contrary to human experience; and
heirs of the victim the amount of ₱30,000.00 as actual (e) Mirandilla’s account was inconsistent with that of Jesalva’s.
That on or about the 18th day of April 1994, at Barangay Major Gani testified that the petitioners and
Bogña, Municipality of Castilla, Province of Sorsogon, 6 expenses and to pay the cost.
Danilo were arrested on May 18, 1994,  based
Philippines, and within the jurisdiction of this Honorable on the warrant of arrest issued by Judge Ruling
Court, the above-named accused, conspiring, Teodisio R. Dino, Jr. of the Municipal Trial Accused Danilo Atizado on reasonable doubt is hereby
confederating and mutually helping one another, did then Court in Castilla, Sorsogon. acquitted of the crime charged and he being a The conviction of the petitioners is affirmed, subject to
and there, willfully, unlawfully and feloniously, with detention prisoner, his immediate release from the modifications in the penalty imposed on Monreal and in the
treachery and evident premeditation, and without any provincial jail is hereby ordered, unless he is charged of
Dr. Abrantes confirmed that Llona died due to amounts and kinds of damages as civil liability.
justifiable cause or motive, with intent to kill, armed with other lawful cause or causes.
handguns, attack, assault and shot one Rogelio Llona y two gunshot wounds in the back that
Llave, a Sangguniang Bayan member of Castilla, Sorsogon, penetrated his spinal column, liver, and I.
abdomen.7 Accused Salvador Atizado and Salvador Monreal being Factual findings of the RTC and CAare accorded respect
thereby inflicting upon him mortal and serious wounds
detained, shall be credited in full in the service of their
which directly caused his instantaneous death, to the
sentence.
damage and prejudice of his legal heirs. Lawrence and Herminia stated that the Llona The RTC and CA’s conclusions were based on Mirandilla’s
family spent ₱30,000.00 for the funeral positive identification of the petitioners as the malefactors and
expenses of Llona.8 SO ORDERED.9 on her description of the acts of each of them made during her
CONTRARY TO LAW. 3
court testimony on March 6, 1995,13 viz:
The Court referred the petitioners’ direct appeal to the
After the petitioners and Danilo pleaded not guilty to the Denying the accusation, the petitioners
interposed alibi. The witnesses for the CA pursuant to People v. Mateo.10 q Who were you saying ‘we sat together’?
information on November 7, 1994,4 the trial ensued.
Defense were Monreal, Roger Villafe (Villafe),
Merlinda Lolos, Joseph Lorenzana On December 13, 2005, the CA affirmed the conviction, a Kdg. Llona, Mr. Jose Jesalva and I was letting my 5 years old
The witnesses for the State were Simeona Mirandilla (Lorenzana), Jesalva, and Lagonsing.
disposing: child to sleep.
(Mirandilla), Major Saadra Gani (Major Gani), Dr. Wilhelmo
Abrantes (Dr. Abrantes), Lawrence Llona (Lawrence), and
Herminia Llona (Herminia). The Defense showed that at the time of the WHEREFORE, the judgment of conviction is AFFIRMED. q Can you demonstrate or described before this Honorable
commission of the crime, Atizado had been in Accused-appellants Salvador Atizado and Salvador Court the size of the sala and the house you wherein (sic)?
his family residence in Barangay Tomalaytay, Monreal are hereby ordered to suffer the
Mirandilla narrated that on April 18, 1994 she and the late Castilla,
imprisonment of Reclusion Perpetua. Likewise, they are
Rogelio Llona (Llona), her common-law husband, had a The size of the sale (sic) is about 3 x 3 meters.
 10

q Now, please show to this Honorable Court the relative q Simultaneously with these two (2) q Now, when you saw and heard Atizado three (3) clicks of the petitioners as the killers, and her declarations on what
position, the sitting arrangement of yours, Kgd. Llona and successive shots can you see the origin or who of the gun, can you see where the gun was pointed at? each of the petitioners did when they mounted their sudden
Kgd. Jesalva. was responsible for the shots? deadly assault against Llona left no doubt whatsoever that they
had conspired to kill and had done so with treachery.
a It was pointed towards me.
a I was sitting on a long bench then my child was on my a Upon hearing the shots, I turned my head
lap, then Kdg. Llona was infront of me, I was at the right and saw Salvador Atizado. It is a basic rule of appellate adjudication in this jurisdiction that
q So, there were three (3) shots that did not actually
side of Kdg. Llona the trial judge’s evaluation of the credibility of a witness and of
fired towards you?
the witness’ testimony is accorded the highest respect because
q Who is this Salvador Atizado?
the trial judge’s unique opportunity to observe directly the
q How about Kdg. Jesalva?
a Yes, sir. demeanor of the witness enables him to determine whether
a He was the one who shot Kgd. Llona. the witness is telling the truth or not.14 Such evaluation, when
a This Kgd. Jesalva was facing Kgd. Llona and Kgd. Llona
q So when you said that you saw this man Monreal, can affirmed by the CA, is binding on the Court unless facts or
was facing the door in otherwords, the door was at his circumstances of weight have been overlooked,
q Can you be able to identify him? you still recognize this man?
back. misapprehended, or misinterpreted that, if considered, would
materially affect the disposition of the case. 15 We thus apply
a (Witness identifying the person, and when a Yes, sir. the rule, considering that the petitioners have not called
q Was the door open?
asked of his name answered Salvador attention to and proved any overlooked, misapprehended, or
Atizado.) misinterpreted circumstance. Fortifying the application of the
q Could you be able to point at him, if he is in Court?
a Yes, sir. rule is that Mirandilla’s positive declarations on the identities of
q So when you heard the shots, who was the assailants prevailed over the petitioners’ denials and alibi.16
a Yes, sir.
q Was the door immediately found… Rather was this the actually shot?
main door of the house? Under the law, a conspiracy exists when two or more persons
q Kindly please go down and tap his shoulder? come to an agreement concerning the commission of a felony
a Kgd. Llona, because after looking at the (3)
a That was the main door leading to the porch of the persons I saw Kgd. Llona sliding downward. and decide to commit it.17 Yet, the State did not have to prove
house. a (witness going down and proceeded to the first bench the petitioners’ previous agreement to commit the
and tap the shoulder of the person, the person tapped murder,18 because their conspiracy was deduced from the
q Then after that what happened?
by the witness answered to the name Salvador mode and manner in which they had perpetrated their criminal
q And from the porch is the main stairs already? act.19 They had acted in concert in assaulting Llona, with their
Monreal.)
a Then I stood immediately and I told the individual acts manifesting a community of purpose and design
a Yes, sir. persons responsible ‘stop that’s enough’, and to achieve their evil end. As it is, all the conspirators in a crime
q You said, when you stood up and face with him while
I gave assistance to Kgd. Llona. are liable as co-principals.20 Thus, they cannot now successfully
he was adjusting his revolver and he was moving
assail their conviction as co-principals in murder.
q Now, what were you doing there after dinner as you said backward, did you see other persons as his companion,
you have finished assisting the persons in Bongga about q Then after that what happened? if any?
the program, ... after that, what were you doing then? Murder is defined and punished by Article 248 of the Revised
Penal Code (RPC), as amended by Republic Act No. 7659, which
a My intention was to let Kgd. Llona push-up a At the first time when I turned my head back, I saw
provides:
a I was letting my child to sleep and Kgd. Llona was fanning but I heard three (3) clicks of the trigger of the this Atizado he was already on the process of leaving
my child. gun. the place.
Article 248. Murder. — Any person who, not falling within the
provisions of Article 246 shall kill another, shall be guilty of
q How about Kgd. Jesalva? q Then what did you do when you heard that? q Who is the first name of this Atizado?
murder and shall be punished by reclusion perpetua to death, if
committed with any of the following attendant circumstances:
a His head was stopping (sic) because of his drunkenness. a After which I turned my head suddenly then a Danilo Atizado
I saw this Salvador Monreal but at that time I
1. With treachery, taking advantage of superior strength, with
do not know his name.
q Can you tell this Honorable Court, while you were on q And did they actually leave the place at that the aid of armed men, or employing means to weaken the
that situation, if there was any incident that happened? moment? defense or of means or persons to insure or afford impunity.
q Then what did you see of him?
a There was a sudden thundering steps as if they were a Salvador Monreal was the one left. 2. In consideration of a price, reward, or promise.
running and there were successive shots. a I saw this Salvador Monreal stepping
backward and he was adjusting the cylinder of
Our own review persuades us to concur with the RTC 3. By means of inundation, fire, poison, explosion, shipwreck,
the gun.
and the CA. Indeed, Mirandilla’s positive identification stranding of a vessel, derailment or assault upon a railroad, fall
 11

of an airship, or by means of motor vehicles, or with the Under Article 248 of the RPC, as amended by other persons, the physical appearance of the child and 9344, which aims to promote the welfare of minor offenders
use of any other means involving great waste and ruin. Republic Act No. 7659, the penalty for murder other relevant evidence. In case of doubt as to the age through programs and services, such as delinquency
is reclusion perpetua to death. There being no of the child, it shall be resolved in his/her favor. prevention, intervention, diversion, rehabilitation and re-
modifying circumstances, the CA correctly integration, geared towards their development, are
4. On occasion of any of the calamities enumerated in the
imposed the lesser penalty of reclusion retroactively applied to Monreal as a convict serving his
preceding paragraph, or of an earthquake, eruption of a Any person contesting the age of the child in conflict
perpetua on Atizado, which was conformable sentence. Its Section 68 expressly so provides:
volcano, destructive cyclone, epidemic or other public with the law prior to the filing of the information in any
with Article 63 (2) of the RPC. 26 But reclusion
calamity. appropriate court may file a case in a summary
perpetua was not the correct penalty for
proceeding for the determination of age before the Section 68. Children Who Have Been Convicted and are Serving
Monreal due to his being a minor over 15 but
Family Court which shall decide the case within twenty- Sentences. – Persons who have been convicted and are serving
5. With evident premeditation. under 18 years of age. The RTC and the CA did
four (24) hours from receipt of the appropriate sentence at the time of the effectivity of this Act, and who were
not appreciate Monreal’s minority at the time
pleadings of all interested parties. below the age of eighteen (18) years at the time of the
6. With cruelty, by deliberately and inhumanly augmenting of the commission of the murder probably commission of the offense for which they were convicted and
the suffering of the victim, or outraging or scoffing at his because his birth certificate was not are serving sentence, shall likewise benefit from the retroactive
presented at the trial. If a case has been filed against the child in conflict with
person or corpse. application of this Act. They shall be entitled to appropriate
the law and is pending in the appropriate court, the
dispositions provided under this Act and their sentences shall
person shall file a motion to determine the age of the
There is treachery when the offender commits any of the Yet, it cannot be doubted that Monreal was a be adjusted accordingly. They shall be immediately released if
child in the same court where the case is pending.
crimes against the person, employing means, methods or minor below 18 years of age when the crime they are so qualified under this Act or other applicable laws.
Pending hearing on the said motion, proceedings on
forms in the execution thereof which tend directly and was committed on April 18, 1994. Firstly, his
the main case shall be suspended.
specially to insure its execution, without risk to himself counter-affidavit executed on June 30 1994
Both petitioners were adjudged solidarily liable to pay damages
arising from the defense which offended party might stated that he was 17 years of age.27 Secondly,
to the surviving heirs of Llona.1avvp++il Their solidary civil
the police blotter recording his arrest In all proceedings, law enforcement officers,
make.21 For treachery to be attendant, the means, method, liability arising from the commission of the crime
mentioned that he was 17 years old at the prosecutors, judges and other government officials
or form of execution must be deliberated upon or stands,36 despite the reduction of Monreal’s penalty. But we
time of his arrest on May 18, 1994.28 Thirdly, concerned shall exert all efforts at determining the age
consciously adopted by the offenders.22 Moreover, must reform the awards of damages in order to conform to
Villafe’s affidavit dated June 29, 1994 averred of the child in conflict with the law.
treachery must be present and seen by the witness right at prevailing jurisprudence. The CA granted only ₱50,000.00 as
the inception of the attack.23 that Monreal was a minor on the date of the
civil indemnity, ₱30,000.00 as actual damages, and ₱50,000.00
incident.29 Fourthly, as RTC’s minutes of 34
Pursuant to Article 68 (2) of the RPC,  when the as moral damages. We hold that the amounts for death
hearing dated March 9, 1999 offender is over 15 and under 18 years of age, the indemnity and moral damages should each be raised to
The CA held that Mirandilla’s testimonial narrative showed,30 Monreal was 22 years old when he penalty next lower than that prescribed by law is ₱75,000.00 to accord with prevailing case law; 37 and that
"sufficiently established that treachery attended the attack testified on direct examination on March 9, imposed. Based on Article 61 (2) of the RPC, reclusion exemplary damages of ₱30,000.00 due to the attendance of
o[n] the victim" because Atizado’s shooting the victim at 1999,31 which meant that he was not over 18 temporal is the penalty next lower than reclusion treachery should be further awarded,38 to accord with the
the latter’s back had been intended to ensure the years of age when he committed the crime. perpetua to death. Applying the Indeterminate pronouncement in People v. Catubig,39 to wit:
execution of the crime; and that Atizado and Monreal’s And, fifthly, Mirandilla described Monreal as a Sentence Law and Article 64 of the RPC, therefore, the
conspiracy to kill the victim was proved by their presence teenager and young looking at the time of the range of the penalty of imprisonment imposable on
at the scene of the crime each armed with a handgun that incident.32 The commission of an offense has two-pronged effect, one on
Monreal was prision mayor in any of its periods, as the
they had fired except that Monreal’s handgun did not the public as it breaches the social order and other upon the
minimum period, to reclusion temporal in its medium
fire.24 private victim as it causes personal sufferings, each of which, is
The foregoing showing of Monreal’s minority period, as the maximum period. Accordingly, his proper
addressed by, respectively, the prescription of heavier
was legally sufficient, for it conformed with indeterminate penalty is from six years and one day
We concur with the CA on the attendance of treachery. the norms subsequently set under Section 7 punishment for the accused and by an award of additional
of prision mayor, as the minimum period, to 14 years,
The petitioners mounted their deadly assault with of Republic Act No. 9344, also known as the damages to the victim. The increase of the penalty or a shift to
eight months, and one day of reclusion temporal, as the
suddenness and without the victim being aware of its Juvenile Justice and Welfare Act of 2006,33 viz: a graver felony underscores the exacerbation of the offense by
maximum period.
imminence. Neither an altercation between the victim and the attendance of aggravating circumstances, whether ordinary
the assailants had preceded the assault, nor had the victim or qualifying, in its commission. Unlike the criminal liability
Monreal has been detained for over 16 years, that is, which is basically a State concern, the award of damages,
provoked the assault in the slightest. The assailants had Section 7. Determination of Age. - The child in
from the time of his arrest on May 18, 1994 until the however is likewise, if not primarily, intended for the offended
designed their assault to be swift and unexpected, in order conflict with the law shall enjoy the
present. Given that the entire period of Monreal’s party who suffers thereby. It would make little sense for an
to deprive their victim of the opportunity to defend presumption of minority. He/She shall enjoy
detention should be credited in the service of his award of exemplary damages to be due the private offended
himself.25 Such manner constituted a deliberate adoption all the rights of a child in conflict with the law
sentence, pursuant to Section 41 of Republic Act No. party when the aggravating circumstance is ordinary but to be
of a method of attack that ensured their unhampered until he/she is proven to be eighteen (18)
years old or older. The age of a child may be 9344,35 the revision of the penalty now warrants his withheld when it is qualifying. Withal, the ordinary or qualifying
execution of the crime.
determined from the child’s birth certificate, immediate release from the penitentiary. nature of an aggravating circumstance is a distinction that
baptismal certificate or any other pertinent should only be of consequence to the criminal, rather than to
II. documents. In the absence of these In this regard, the benefits in favor of children in the civil liability of the offender. In fine, relative to the civil
Modification of the Penalty on Monreal and of the Civil documents, age may be based on information conflict with the law as granted under Republic Act No. aspect of the case, an aggravating circumstance, whether
Damages from the child himself/herself, testimonies of ordinary or qualifying, should entitle the offended party to an
 12

award of exemplary damages within the unbridled AN ACT LOWERING THE AGE OF MAJORITY apply to persons below twenty-one years of age except those
meaning of Article 2230 of the Civil Code. FROM TWENTY-ONE TO EIGHTEEN YEARS, emancipated in accordance with law. "Child" or "minor" or
AMENDING FOR THE PURPOSE EXECUTIVE Article 40. Birth determines personality; but the "youth" as used in this Code, shall refer to such persons.
ORDER NUMBERED TWO HUNDRED NINE, conceived child shall be considered born for all
The award of actual damages of ₱30,000.00 is upheld for purposes that are favorable to it, provided it be born
AND FOR OTHER PURPOSES
being supported by the record. later with the conditions specified in the following Article 3. Rights of the Child. - All children shall be entitled to
article. (29a) the rights herein set forth without distinction as to legitimacy
or illegitimacy, sex, social status, religion, political antecedents,
WHEREFORE, the Court affirms the decision dated Section 1. Article 234 of Executive Order No.
and other factors.
December 13, 2005 promulgated in CA-G.R. CR-HC No. 209, the Family Code of the Philippines, is
01450, subject to the following modifications: hereby amended to read as follows:
PRESIDENTIAL DECREE No. 603 (1) Every child is endowed with the dignity and worth of a
    "Art. 234.Emancipation takes place by the human being from the moment of his conception, as generally
(a) Salvador Monreal is sentenced to suffer the
attainment of majority. Unless otherwise accepted in medical parlance, and has, therefore, the right to
indeterminate penalty from six years and one day THE CHILD AND YOUTH WELFARE CODE
provided, majority commences at the age of be born well.
of prision mayor, as the minimum period, to 14 years,
eight months, and one day of reclusion temporal, as the eighteen years."
maximum period; TITLE I (2) Every child has the right to a wholesome family life that will
GENERAL PRINCIPLES provide him with love, care and understanding, guidance and
Sec. 2. Articles 235 and 237 of the same Code
counseling, and moral and material security.
(b) The Court orders the Bureau of Corrections in are hereby repealed.
Muntinlupa City to immediately release Salvador Monreal Sec.  3. Article 236 of the same Code is also Article 1. Declaration of Policy. - The Child is one of the
due to his having fully served the penalty imposed on him, hereby amended to read as follows: most important assets of the nation. Every effort The dependent or abandoned child shall be provided with the
unless he is being held for other lawful causes; and should be exerted to promote his welfare and enhance nearest substitute for a home.
his opportunities for a useful and happy life.
    "Art. 236.Emancipation shall terminate
(c) The Court directs the petitioners to pay jointly and parental authority over the person and (3) Every child has the right to a well-rounded development of
solidarily to the heirs of Roger L. Llona ₱75,000.00 as death The child is not a mere creature of the State. Hence, his his personality to the end that he may become a happy, useful
property of the child who shall then be individual traits and aptitudes should be cultivated to and active member of society.
indemnity, ₱75,000.00 as moral damages, ₱30,000.00 as qualified and responsible for all acts of civil
exemplary damages, and ₱30,000.00 as actual damages. the utmost insofar as they do not conflict with the
life, save the exceptions established by general welfare.
existing laws in special cases. The gifted child shall be given opportunity and encouragement
Let a copy of this decision be furnished for immediate to develop his special talents.
implementation to the Director of the Bureau of The molding of the character of the child starts at the
    "Contracting marriage shall require parental home. Consequently, every member of the family
Corrections in Muntinlupa City by personal service. The
Director of Bureau of Corrections shall report to this Court
consent until the age of twenty-one. should strive to make the home a wholesome and The emotionally disturbed or socially maladjusted child shall be
    "Nothing in this Code shall be construed to harmonious place as its atmosphere and conditions will treated with sympathy and understanding, and shall be entitled
the action he has taken on this decision within five days
derogate from the duty or responsibility of greatly influence the child's development. to treatment and competent care.
from service.
parents and guardians for children and wards
below twenty-one years of age mentioned in
the second and third paragraphs of Article Attachment to the home and strong family ties should The physically or mentally handicapped child shall be given the
2180 of the Civil Code." be encouraged but not to the extent of making the treatment, education and care required by his particular
home isolated and exclusive and unconcerned with the condition.
Article 39. The following circumstances, among others, interests of the community and the country.
modify or limit capacity to act: age, insanity, imbecility, the Sec.  4. Upon the effectivity of this Act, (4) Every child has the right to a balanced diet, adequate
state of being a deaf-mute, penalty, prodigality, family existing wills, bequests, donations, grants,
relations, alienage, absence, insolvency and trusteeship. The natural right and duty of parents in the rearing of clothing, sufficient shelter, proper medical attention, and all the
insurance policies and similar instruments
The consequences of these circumstances are governed in the child for civic efficiency should receive the aid and basic physical requirements of a healthy and vigorous life.
containing references and provisions
this Code, other codes, the Rules of Court, and in special support of the government.
favorable to minors will not retroact to their
laws. Capacity to act is not limited on account of religious prejudice. (5) Every child has the right to be brought up in an atmosphere
belief or political opinion. Other institutions, like the school, the church, the guild, of morality and rectitude for the enrichment and the
and the community in general, should assist the home strengthening of his character.
Sec.  5. This Act shall take effect upon and the State in the endeavor to prepare the child for
A married woman, twenty-one years of age or over, is completion of its publication in at least two
qualified for all acts of civil life, except in cases specified by the responsibilities of adulthood. (6) Every child has the right to an education commensurate
(2) newspapers of general circulation.
law. (n) with his abilities and to the development of his skills for the
Article 2. Title and Scope of Code. - The Code shall be improvement of his capacity for service to himself and to his
Approved: December 13, 1989 known as the Child and Youth Welfare Code. It shall fellowmen.
 13

(7) Every child has the right to full opportunities for safe (3) Extend to his brothers and sisters his love, Article 42. Civil personality is extinguished by death. arguments, the trial judge sustained defendant's motion and
and wholesome recreation and activities, individual as well thoughtfulness, and helpfulness, and dismissed the complaint.
as social, for the wholesome use of his leisure hours. endeavor with them to keep the family
The effect of death upon the rights and obligations of
harmonious and united;
the deceased is determined by law, by contract and by Thereafter, plaintiff moved to amend the complaint to allege
(8) Every child has the right to protection against will. (32a) that as a result of the intercourse, plaintiff had later given birth
exploitation, improper influences, hazards, and other (4) Exert his utmost to develop his to a baby girl; but the court, sustaining defendant's objection,
conditions or circumstances prejudicial to his physical, potentialities for service, particularly by ruled that no amendment was allowable, since the original
G.R. No. 26795 July 31, 1970
mental, emotional, social and moral development. undergoing a formal education suited to his complaint averred no cause of action. Wherefore, the plaintiff
abilities, in order that he may become an appealed directly to this Court.
asset to himself and to society; CARMEN QUIMIGUING, Suing through her parents,
(9) Every child has the right to live in a community and a
ANTONIO QUIMIGUING and JACOBA
society that can offer him an environment free from We find the appealed orders of the court below to be
CABILIN, plaintiffs-appellants,
pernicious influences and conducive to the promotion of (5) Respect not only his elders but also the untenable. A conceived child, although as yet unborn, is given
vs.
his health and the cultivation of his desirable traits and customs and traditions of our people, the by law a provisional personality of its own for all purposes
FELIX ICAO, defendant-appellee.
attributes. memory of our heroes, the duly constituted favorable to it, as explicitly provided in Article 40 of the Civil
authorities, the laws of our country, and the Code of the Philippines. The unborn child, therefore, has a right
principles and institutions of democracy; Torcuato L. Galon for plaintiffs-appellants. to support from its progenitors, particularly of the defendant-
(10) Every child has the right to the care, assistance, and
appellee (whose paternity is deemed admitted for the purpose
protection of the State, particularly when his parents or
of the motion to dismiss), even if the said child is only "en
guardians fail or are unable to provide him with his (6) Participate actively in civic affairs and in Godardo Jacinto for defendant-appellee.
ventre de sa mere;" just as a conceived child, even if as yet
fundamental needs for growth, development, and the promotion of the general welfare, always
unborn, may receive donations as prescribed by Article 742 of
improvement. bearing in mind that it is the youth who will
the same Code, and its being ignored by the parent in his
eventually be called upon to discharge the
testament may result in preterition of a forced heir that annuls
responsibility of leadership in shaping the
(11) Every child has the right to an efficient and honest REYES, J.B.L., J.: the institution of the testamentary heir, even if such child
nation's future; and
government that will deepen his faith in democracy and should be born after the death of the testator Article 854, Civil
inspire him with the morality of the constituted authorities Code).
both in their public and private lives. (7) Help in the observance of individual Appeal on points of law from an order of the Court of
human rights, the strengthening of freedom First Instance of Zamboanga del Norte (Judge Onofre
ART. 742. Donations made to conceived and unborn children
everywhere, the fostering of cooperation Sison Abalos, presiding), in its Civil Case No. 1590,
(12) Every child has the right to grow up as a free may be accepted by those persons who would legally represent
among nations in the pursuit of their common dismissing a complaint for support and damages, and
individual, in an atmosphere of peace, understanding, them if they were already born.
aspirations for programs and prosperity, and another order denying amendment of the same
tolerance, and universal brotherhood, and with the pleading.
the furtherance of world peace.
determination to contribute his share in the building of a
ART. 854. The preterition or omission of one, some, or all of the
better world.
compulsory heirs in the direct line, whether living at the time of
Article 5. Commencement of Civil The events in the court of origin can be summarized as
the execution of the will or born after the death of the testator,
Personality. - The civil personality of the child follows:
CHAPTER 2 shall annul the institution of heir; but the devises and legacies
shall commence from the time of his
Natural Persons shall be valid insofar as they are not inofficious.
conception, for all purposes favorable to him, Appellant, Carmen Quimiguing, assisted by her parents,
subject to the requirements of Article 41 of sued Felix Icao in the court below. In her complaint it
Article 4. Responsibilities of the Child. - Every child, the Civil Code. was averred that the parties were neighbors in Dapitan If the omitted compulsory heirs should die before the testator,
regardless of the circumstances of his birth, sex, religion, City, and had close and confidential relations; that the institution shall be effectual, without prejudice to the right
social status, political antecedents and other factors shall: defendant Icao, although married, succeeded in having of 'representation.
carnal intercourse with plaintiff several times by force
(1) Strive to lead an upright and virtuous life in accordance and intimidation, and without her consent; that as a It is thus clear that the lower court's theory that Article 291 of
Article 41. For civil purposes, the foetus is result she became pregnant, despite efforts and drugs
with the tenets of his religion, the teachings of his elders the Civil Code declaring that support is an obligation of parents
considered born if it is alive at the time it is supplied by defendant, and plaintiff had to stop
and mentors, and the biddings of a clean conscience; and illegitimate children "does not contemplate support to
completely delivered from the mother's studying. Hence, she claimed support at P120.00 per
children as yet unborn," violates Article 40 aforesaid, besides
womb. However, if the foetus had an intra- month, damages and attorney's fees.
(2) Love, respect and obey his parents, and cooperate with uterine life of less than seven months, it is not imposing a condition that nowhere appears in the text of
them in the strengthening of the family; Article 291. It is true that Article 40 prescribing that "the
deemed born if it dies within twenty-four
conceived child shall be considered born for all purposes that
hours after its complete delivery from the Duly summoned, defendant Icao moved to dismiss for
lack of cause of action since the complaint did not are favorable to it" adds further "provided it be born later with
maternal womb. (30a)
allege that the child had been born; and after hearing the conditions specified in the following article" (i.e., that the
foetus be alive at the time it is completely delivered from the
 14

mother's womb). This proviso, however, is not a condition WHEREFORE, the orders under appeal are costs of the suit. On appeal, Court of Appeals, in a Since an action for pecuniary damages on account of personal
precedent to the right of the conceived child; for if it were, reversed and set aside. Let the case be special division of five, sustained the award by a injury or death pertains primarily to the one injured, it is easy
the first part of Article 40 would become entirely useless remanded to the court of origin for further majority vote of three justices as against two, who to see that if no action for such damages could be instituted on
and ineffective. Manresa, in his Commentaries (5th Ed.) to proceedings conformable to this decision. rendered a separate dissenting opinion. behalf of the unborn child on account of the injuries it received,
the corresponding Article 29 of the Spanish Civil Code, Costs against appellee Felix Icao. So ordered. no such right of action could derivatively accrue to its parents
clearly points this out: or heirs. In fact, even if a cause of action did accrue on behalf of
The facts are set forth in the majority opinion as
the unborn child, the same was extinguished by its pre-natal
follows:
death, since no transmission to anyone can take place from on
Los derechos atribuidos al nasciturus no son
that lacked juridical personality (or juridical capacity as
simples expectativas, ni aun en el sentido tecnico que la
Nita Villanueva came to know the defendant (Antonio distinguished from capacity to act). It is no answer to invoke the
moderna doctrina da a esta figura juridica sino que
Geluz) for the first time in 1948 — through her aunt provisional personality of a conceived child (conceptus pro nato
constituyen un caso de los propiamente Ilamados
Paula Yambot. In 1950 she became pregnant by her habetur) under Article 40 of the Civil Code, because that same
'derechos en estado de pendenci'; el nacimiento del sujeto
present husband before they were legally married. article expressly limits such provisional personality by imposing
en las condiciones previstas por el art. 30, no determina el
Desiring to conceal her pregnancy from her parent, and the condition that the child should be subsequently born alive:
nacimiento de aquellos derechos (que ya existian de
acting on the advice of her aunt, she had herself "provided it be born later with the condition specified in the
antemano), sino que se trata de un hecho que tiene
aborted by the defendant. After her marriage with the following article". In the present case, there is no dispute that
efectos declarativos. (1 Manresa, Op. cit., page 271)
plaintiff, she again became pregnant. As she was then the child was dead when separated from its mother's womb.
employed in the Commission on Elections and her
A second reason for reversing the orders appealed from is pregnancy proved to be inconvenient, she had herself
The prevailing American jurisprudence is to the same effect;
that for a married man to force a woman not his wife to aborted again by the defendant in October 1953. Less
and it is generally held that recovery can not had for the death
yield to his lust (as averred in the original complaint in this than two years later, she again became pregnant. On
of an unborn child (Stafford vs. Roadway Transit Co., 70 F. Supp.
case) constitutes a clear violation of the rights of his victim February 21, 1955, accompanied by her sister
555; Dietrich vs. Northampton, 52 Am. Rep. 242; and numerous
that entitles her to claim compensation for the damage Purificacion and the latter's daughter Lucida, she again
cases collated in the editorial note, 10 ALR, (2d) 639).
caused. Says Article 21 of the Civil Code of the Philippines: repaired to the defendant's clinic on Carriedo and P.
G.R. No. L-16439             July 20, 1961
Gomez streets in Manila, where the three met the
defendant and his wife. Nita was again aborted, of a This is not to say that the parents are not entitled to collect any
ART. 21. Any person who wilfully causes loss or injury to
ANTONIO GELUZ, petitioner, two-month old foetus, in consideration of the sum of damages at all. But such damages must be those inflicted
another in a manner that is contrary to morals, good
vs. fifty pesos, Philippine currency. The plaintiff was at this directly upon them, as distinguished from the injury or violation
customs or public policy shall compensate the latter for
THE HON. COURT OF APPEALS and OSCAR time in the province of Cagayan, campaigning for his of the rights of the deceased, his right to life and physical
the damage.
LAZO, respondents. election to the provincial board; he did not know of, integrity. Because the parents can not expect either help,
nor gave his consent, to the abortion. support or services from an unborn child, they would normally
The rule of Article 21 is supported by Article 2219 of the be limited to moral damages for the illegal arrest of the normal
Mariano H. de Joya for petitioner.
same Code: development of the spes hominis that was the foetus, i.e., on
A.P. Salvador for respondents. It is the third and last abortion that constitutes
account of distress and anguish attendant to its loss, and the
plaintiff's basis in filing this action and award of
ART 2219. Moral damages may be recovered in the disappointment of their parental expectations (Civ. Code Art.
damages. Upon application of the defendant Geluz we
REYES, J.B.L., J.: 2217), as well as to exemplary damages, if the circumstances
following and analogous cases: granted certiorari.
should warrant them (Art. 2230). But in the case before us,
This petition for certiorari brings up for review both the trial court and the Court of Appeals have not found
(3) Seduction, abduction, rape or other lascivious acts: The Court of Appeals and the trial court predicated the any basis for an award of moral damages, evidently because
question whether the husband of a woman,
award of damages in the sum of P3,000.06 upon the the appellee's indifference to the previous abortions of his wife,
who voluntarily procured her abortion, could
xxx xxx xxx provisions of the initial paragraph of Article 2206 of the also caused by the appellant herein, clearly indicates that he
recover damages from physician who caused
Civil Code of the Philippines. This we believe to be was unconcerned with the frustration of his parental hopes and
the same.
error, for the said article, in fixing a minimum award of affections. The lower court expressly found, and the majority
(10) Acts and actions referred to in Articles 21, 26, 27, P3,000.00 for the death of a person, does not cover the opinion of the Court of Appeals did not contradict it, that the
28 .... The litigation was commenced in the Court of case of an unborn foetus that is not endowed with appellee was aware of the second abortion; and the
First Instance of Manila by respondent Oscar personality. Under the system of our Civil Code, "la probabilities are that he was likewise aware of the first. Yet
Thus, independently of the right to Support of the child she Lazo, the of Nita Villanueva, against petitioner criatura abortiva no alcanza la categoria de persona despite the suspicious repetition of the event, he appeared to
was carrying, plaintiff herself had a cause of action for Antonio Geluz, a physician. Convinced of the natural y en consscuencia es un ser no nacido a la vida have taken no steps to investigate or pinpoint the causes
damages under the terms of the complaint; and the order merits of the complaint upon the evidence del Derecho" (Casso-Cervera, "Diccionario de Derecho thereof, and secure the punishment of the responsible
dismissing it for failure to state a cause of action was adduced, the trial court rendered judgment Privado", Vol. 1, p. 49), being incapable of having rights practitioner. Even after learning of the third abortion, the
doubly in error. favor of plaintiff Lazo and against defendant and obligations. appellee does not seem to have taken interest in the
Geluz, ordering the latter to pay P3,000.00 as administrative and criminal cases against the appellant. His only
damages, P700.00 attorney's fees and the concern appears to have been directed at obtaining from the
 15

doctor a large money payment, since he sued for and placed in her hands a note directed to acknowledgment of paternity, within the meaning of
P50,000.00 damages and P3,000.00 attorney's fees, an the padre who has expected to christen the baby. This subsection 1 of article 135 of the Civil Code. Upon this point we
"indemnity" claim that, under the circumstances of record, note was as follows: have no hesitancy in holding that the acknowledgment thus
STREET, J.:
was clearly exaggerated. shown is sufficient. It is a universal rule of jurisprudence that a
child, upon being conceived, becomes a bearer of legal rights
Saturday, 1:30 p. m.
This action was instituted in the Court of First and capable of being dealt with as a living person. The fact that
The dissenting Justices of the Court of Appeals have aptly February 14, 1931
Instance of Manila by Antonia Loanco de it is yet unborn is no impediment to the acquisition of rights.
remarked that:
Jesus in her own right and by her mother, The problem here presented of the recognition of unborn child
Pilar Marquez, as next friend and Rev. FATHER, is really not different from that presented in the ordinary case
It seems to us that the normal reaction of a husband who representative of Ismael and Pacita Loanco, of the recognition of a child already born and bearing a specific
righteously feels outraged by the abortion which his wife infants, children of the first-named plaintiff, name. Only the means and resources of identification are
The baby due in June is mine and
has deliberately sought at the hands of a physician would for the purpose of recovering from the different. Even a bequest to a living child requires oral evidence
I should like for my name to be
be highminded rather than mercenary; and that his defendant, Cesar Syquia, the sum of thirty to connect the particular individual intended with the name
given to it.
primary concern would be to see to it that the medical thousand pesos as damages resulting to the used.
profession was purged of an unworthy member rather first-named plaintiff from breach of a
than turn his wife's indiscretion to personal profit, and marriage promise, to compel the defendant CESAR SYQUIA          
It is contended however, in the present case that the words of
with that idea in mind to press either the administrative or to recognize Ismael and Pacita as natural
description used in the writings before us are not legally
the criminal cases he had filed, or both, instead of children begotten by him with Antonia, and to The occasion for writing this note was that the sufficient to indemnify the child now suing as Ismael Loanco.
abandoning them in favor of a civil action for damages of pay for the maintenance of the three the defendant was on the eve of his departure on a trip to This contention is not, in our opinion, well founded. The words
which not only he, but also his wife, would be the amount of five hundred pesos per month, China and Japan; and while he was abroad on this visit of recognition contained in the note to the padre are not
beneficiaries. together with costs. Upon hearing the cause, he wrote several letters to Antonia showing a paternal capable of two constructions. They refer to a baby then
after answer of the defendant, the trial court interest in the situation that had developed with her, conceived which was expected to be born in June and which
erred a decree requiring the defendant to and cautioning her to keep in good condition in order
It is unquestionable that the appellant's act in provoking would thereafter be presented for christening. The baby came,
recognize Ismael Loanco as his natural child that "junior" (meaning the baby to be, "Syquia, Jr.")
the abortion of appellee's wife, without medical necessity and though it was in the end given the name of Ismael Loanco
and to pay maintenance for him at the rate of might be strong, and promising to return to them soon.
to warrant it, was a criminal and morally reprehensible act, instead of Cesar Syquia, Jr., its identity as the child which the
fifty pesos per month, with costs, dismissing The baby arrived at the time expected, and all
that can not be too severely condemned; and the consent defendant intended to acknowledge is clear. Any doubt that
the action in other respects. From this necessary anticipatory preparations were made by the
of the woman or that of her husband does not excuse it. might arise on this point is removed by the letters Exhibit F, G,
judgment both parties appealed, the plaintiffs defendant. To this he employed his friend Dr.
But the immorality or illegality of the act does not justify H, and J. In these letters the defendant makes repeated
from so much of the decision as denied part Crescenciano Talavera to attend at the birth, and made
an award of damage that, under the circumstances on reference to junior as the baby which Antonia, to whom the
of the relief sought by them, and the arrangements for the hospitalization of the mother in
record, have no factual or legal basis. letters were addressed, was then carrying in her womb, and the
defendant from that feature of the decision Saint Joseph's Hospital of the City of Manila, where she writer urged Antonia to eat with good appetite in order
which required him to recognize Ismael was cared for during confinement.
The decision appealed from is reversed, and the complaint Loanco and to pay for his maintenance. that junior might be vigorous. In the last letter (Exhibit J)
ordered dismissed. Without costs. written only a few days before the birth of the child, the
When Antonio was able to leave the hospital, Syquia defendant urged her to take good care of herself and
At the time with which we are here took her, with her mother and the baby, to a house at of junior also.
Let a copy of this decision be furnished to the Department concerned, the defendant, Cesar Syquia was
No. 551 Camarines Street, Manila, where they lived
of Justice and the Board of Medical Examiners for their of the age of twenty-three years, and an
together for about a year in regular family style, all It seems to us that the only legal question that can here arise as
information and such investigation and action against the unmarried scion of the prominent family in
household expenses, including gas and electric light, to the sufficiency of acknowledgment is whether the
appellee Antonio Geluz as the facts may warrant. Manila, being possessed of a considerable being defrayed by Syquia. In course of time, however, acknowledgment contemplated in subsection 1 of article 135 of
property in his own right. His brother-in-law, the defendant's ardor abated and, when Antonia began the Civil Code must be made in a single document or may be
Vicente Mendoza is the owner of a barber to show signs of a second pregnancy the defendant made in more than one document, of indubitable authenticity,
shop in Tondo, where the defendant was decamped, and he is now married to another woman. A written by the recognizing father. Upon this point we are of the
accustomed to go for tonsorial attention. In point that should here be noted is that when the time
G.R. No. L-39110             November 28, 1933 opinion that the recognition can be made out by putting
the month of June Antonia Loanco, a likely came for christening the child, the defendant, who had together the admissions of more than one document,
unmarried girl of the age of twenty years, was charge of the arrangement for this ceremony, caused supplementing the admission made in one letter by an
ANTONIA L. DE JESUS, ET AL., plaintiff-appellant, taken on as cashier in this barber shop. Syquia the name Ismael Loanco to be given to him, instead of admission or admissions made in another. In the case before us
vs. was not long in making her acquaintance and Cesar Syquia, Jr., as was at first planned. the admission of paternity is contained in the note to
CESAR SYQUIA, defendant-appellant. amorous relations resulted, as a consequence
the padre and the other letters suffice to connect that
of which Antonia was gotten with child and a
The first question that is presented in the case is admission with the child then being carried by Antonia L. de
baby boy was born on June 17, 1931. The
Jose Sotelo for plaintiffs-appellants. whether the note to the padre, quoted above, in Jesus. There is no requirement in the law that the writing shall
defendant was a constant visitor at the home
Vicente J. Francisco for defendant-appellant. connection with the letters written by the defendant to be addressed to one, or any particular individual. It is merely
of Antonia in the early months of her
the mother during pregnancy, proves an required that the writing shall be indubitable.
pregnancy, and in February, 1931, he wrote
 16

The second question that presents itself in this case is The judgment appealed from is in all respects to plaintiff-appellee Antonia L. de Jesus prior to the otra prueba que la conducente a justificar que el escrito es
whether the trial court erred in holding that Ismael Loanco affirmed, without costs. So ordered. birth of the child contain the following expressions: indubitadamente del padre que en el reconozca su paternidad,
had been in the uninterrupted possession of the status of a o la relativa a los actos directos del mismo padre o de su
natural child, justified by the conduct of the father himself, familia, que demuestren la posesion continua de dicho estado.
Malcolm, Abad Santos, Hull, Vickers, and Exhibit F, Feb. 18, 1931: "No hagas nada malo; ni
and that as a consequence, the defendant in this case Para la prueba de estos dos hechos podran utilizarse todos los
butte, JJ., concur. manches mi nombre y el de junior tambien no lo
should be compelled to acknowledge the said Ismael medios que permite la Ley de Enjuiciamiento Civil, debiendo el
manches. A cuerdate muy bien Toni que es por ti y
Loanco, under No. 2 of article 135 of the Civil Code. The juez rechazar la que por cualquier otro concepto se dirija a la
por junior volvere alli pronto. ..."
facts already stated are sufficient, in our opinion, to justify investigacion de la paternidad.
the conclusion of the trial court on this point, and we may
add here that our conclusion upon the first branch of the Exhibit G. Feb. 24, 1931: "Toni por favor cuida bien
xxx     xxx     xxx
case that the defendant had acknowledged this child in a junior eh? . ..."
Separate Opinions
writings above referred to must be taken in connection
with the facts found by the court upon the second point. It En cuanto al otro requisito de ser expreso el reconocimiento,
Exhibit H, March 25, 1931: "Toni, cuida tu bien
is undeniable that from the birth of this child the tengase presente que no basta hacerlo por incidencia; es
a junior y cuidate bien, y come tu mucho. ... ."
defendant supplied a home for it and the mother, in which indespensable que se consigne en el escrito la voluntad
they lived together with the defendant. This situation indubitada, clara y terminante del padre, de reconocer por suyo
VILLA-REAL, J., dissenting: Exhibit J, June 1, 1931: "Cuidate bien al hijo, deliberadamente expresada con este fin, como se
continued for about a year, and until Antonia
became enciente a second time, when the idea entered y junior tambien . ..." ordena an la base 5.a antes citada, de las aprobadas por la Ley
the defendant's head of abandoning her. The law fixes no The majority opinion is predicated on two de 11 de mayo de 1888; de suerte que el escrito, aunque
period during which a child must be in the continuous grounds: First, that the defendant-appellant Article 135, number 1, provides as follows: contenga otros particulares, como sucede en los testamentos,
possession of the status of a natural child; and the period Cesar Syquia has expressly acknowledged his ha de tener por objecto el reconocimiento deliberado y expreso
in this case was long enough to evince the father's paternity of the child Ismael Loanco in an del hijo natural. No llena, pues, ese objecto la manifestacion
resolution to concede the status. The circumstance that he indubitable writing of his; and secondly, that ART. 135. The father may be compelled to acknowledge que incidentalmente haga el padre de ser hijo natural suyo la
abandoned the mother and child shortly before this action said child has enjoyed the uninterrupted his natural child in the following cases: persona a quien se refiera, y mucho menos el dar a una
was started is unimportant. The word "continuous" in possession of the status of a natural son of persona el titulo y tratamiento de hijo en cartas familiares. Sin
subsection 2 of article 135 of the Civil Code does not mean said defendant-appellant Cesar Syquia, 1. When an indisputable paper written by him, embrago, en cada caso decidiran los un modo suficientemente
that the concession of status shall continue forever, but justified by his acts, as required by article 135 expressly acknowledging his paternity, is in existence. expresivo la paternidad, servira de base para acreditar, en
only that it shall not be of an intermittent character while of the Civil Code. union con otros datos, la posesion contante del estado del hijo
it continues. a los efectos de este articulo, y con arreglo a su numero 2.º
Maresa (Codigo Civil, Vol. 1, page 596, 4th ed.)
The first conclusion is drawn from Exhibits C, commenting on said article, says:
What has been said disposes of the principal feature of the F, G, H, and J. Let it first be noted that the law prohibits the investigation of
defendant's appeal. With respect to the appeal of the paternity (Borres and Barza vs. Municipality of Panay, 42 Phil.,
Con arreglo al articulo que comentamos, no puede 643; Donado vs. Menendez Donado, 55 Phil., 861). The only
plaintiffs, we are of the opinion that the trial court was Exhibit C, which is in the handwriting of any haber cuestion acerca de si es posible admitir por otro exceptions to this rule are those established in article 135 of
right in refusing to give damages to the plaintiff, Antonia signed by the defendant-appellant Cesar medio la prueba de la paternidad natural. Entendemos the Civil Code quoted above, the first of which is that the father
Loanco, for supposed breach of promise to marry. Such Syquia, reads as follows: que no, porquel el articulo es terminante y la intencion may be compelled to acknowledge his paternity, "When an
promise is not satisfactorily proved, and we may add that
de la ley mas terminante aun. Se establecio en la base indubitable writing of his exists in which he expressly
the action for breach of promise to marry has no standing
Sabado, 1.30 p. m. — 5.a que "no se admitira investigacion de la paternidad acknowledge his paternity." The writing that is required by said
in the civil law, apart from the right to recover money or
14 febrero, 1931           sino en los casos de delito, o cuando exista escrito del provision must be complete in itself and by itself, and must
property advanced by the plaintiff upon the faith of such
padre en el que conste su voluntad indubitada de contain all the statements that are necessary to constitute a full
promise. This case exhibits none of the features necessary
reconocer por suyo al hijo, deliberadamente expresada and clear acknowledgment by a father of his paternity of a
to maintain such an action. Furthermore, there is no proof Rev. PADRE: con ese fin, o cuando medie posesion de estado", y child, in order that it may serve as a basis for compelling him to
upon which a judgment could be based requiring the
esto mismo es lo que se ordena en el presente articulo. acknowledge said child should be afterwards deny his paternity.
defendant to recognize the second baby, Pacita Loanco.
La criatura que vendra If several writings put together, each not being complete in
el junio es mio y que yo No puede, pues, prosperar la demanda para obligar itself, should be necessary in order to obtain a full and
Finally, we see no necessity or propriety in modifying the quisiera mi nombre que al padre al reconocimiento de un hijo natural, aunque complete expression of acknowledgment by a father of his
judgment as to the amount of the maintenance which the se de a la criatura. solo se limite a pedir alimentos, si no se funda en el paternity of a child, the general prohibition to investigate
trial court allowed to Ismael Loanco. And in this connection
reconocimiento expreso del padre hecho por escrito, paternity would be violated.
we merely point out that, as conditions change, the Court
(Fdo.) CESAR SYQUIA           en la posesion constante de estado de hijo natural o en
of First Instance will have jurisdiction to modify the order
sentencia firme recaida en causa por de delito violacin, By the mere reading of all said letters, the one addressed to a
as to the amount of the pension as circumstances will
estupro o rapto. El escrito y la sentencia habran de priest and the others to the herein plaintiff-appellee, Antonia L.
require. Exhibit F, G, H, and j, which are letters written
acompañarse a la demandada, y no puede admitirse de Jesus, the reader cannot ascertain which is the "creature
by the said defendant-appellant Cesar Syquia
 17

that is coming on June", which the defendant- appellant, Despues del nacimiento del demandante Telesforo wrote letters to him; that he paid his fees for puedan revelar mas o menos la presuncion o convencimiento
Cesar Syquia, says in the said letter addressed to the priest Ismael Loanco, el demandado estuvo viviendo instruction in school, and secured him a position in a en que una persona este de su paternidad con relacion a hijos
is his, nor who is the "junior" that he recommends to said con este y con la demandante Antonio L. de commercial house. naturales, con los que demuestren su proposito de poner a
Antonia L. de Jesus to take good care of, as there is nothing Jesus en la casa No. 551 de la Calle Camarines, estos hijos en la posesion de tal estado.
in anyone of said letters from which it may be inferred that Manila, entregando a dicha demandante el
xxx     xxx     xxx
Antonia L. de Jesus was enciente at the time, that dinero para los gastos de casa y el pago del
It will thus be seen from the foregoing discussion and
the "junior" was the being she was carrying in her womb, consumo de gas y luz electrica, habiendo
authorities that the herein defendant-appellant Cesar Syquia
and that it was the "creature that is coming in June." To firmado el contrato para el suministro del All these facts taken together are not sufficient to show
cannot be compelled to acknowledge the child Ismael Loanco
connect all these facts it was necessary to prove that Cesar fluido electrico en dicha casa. that plaintiff possesses continuously the status of a
as his natural son because there exists not an indubitable
Syquia had had illicit relations with Antonia L. de Jesus, natural child. They may have a tendency to show that
writing of his in which he expressly acknowledges his paternity
that as a result of such relations the woman became Don Telesforo was the father of the child, but that it is
Exhibit, C, F, G, H, and J, are inadmissible in of said child, and because the said child has not enjoyed the
pregnant, and that she gave birth to a boy in June 1931. All not sufficient. It is not sufficient that the father
evidence the purpose of showing that Ismael uninterrupted possession of the status of a natural child of the
this certainly constitutes an investigation of the paternity recognize the child as his. By the express terms of
Loanco has enjoyed the continuous said
of Cesar Syquia of said child outside of the documents, article 135 that recognition must appear either in
possession of the status of a natural child, defendant-appellant, justified by his own conduct or that of his
which is prohibited by law. writing, made by the father, or it must appear in acts
because being of prior date to the birth of family, as required by article 135 of the Civil Code.
which show that the son has possessed continuously
said child they can not be considered as direct
the status of a natural child. No recognition by the
Either taken alone therefore, or in connection with Exhibits acts of Cesar Syquia showing possession of
father of the child which comes short of the The decision appealed from should, therefore, be reversed and
F, G, H, and J, Exhibit C is insufficient to constitute a the status of natural child, as no human being
requirements of these two paragraphs is sufficient. It the complaint dismissed.
"indubitable writing of Cesar Syquia, in which he expressly can enjoy such possession until he be born
must appear that it was the intention of the father to
acknowledges his paternity of the child Ismael Loanco," as with legal capacity for acquiring civil rights
recognize the child as to give him that status, and that
required by number 1 of article 135 of the Civil Code. (Infante vs. Figueras, 4 Phil., 738; Granados vs.
the acts performed by him were done with that
Leynes, G.R. No. 31224, promulgated
intention.
September 9, 1929, not reported).
As to the second ground of the decision of the majority,
number 2 of article 135 of the Civil Code provides:
Manresa (Codigo Civil, Vol. 1, page 602, 4th ed.) in
It must also be stated that Cesar Syquia
citing some decisions of the Supreme Court of Spain
refused to allow his name to be given to the
ART. 135. The father may be compelled to acknowledge his says:
child Ismael when it was baptized, so that the
natural child in the following cases:
name of its mother, Loanco, had to be given
to it. En la sentencia de 5 de junio de 1906 declarase que
xxx     xxx     xxx para justificar la posesion de estado de hijo natural se G.R. No. 182836               October 13, 2009
requiere que los actos sean de tal naturaleza que
The facts which were found by the court
revelen, a la vez que el convencimiento de la
2. When the child has been in the uninterrupted below to have been proved by the testimony CONTINENTAL STEEL MANUFACTURING
paternidad, la voluntad ostensible de tener y tratar al
possession of the status of a natural child of the defendant of the witnesses during the trial, are not CORPORATION, Petitioner,
hijo como tal en las relaciones sociales y de la vida, y
father, justified by the conduct of the father himself or sufficient to constitute the uninterrupted vs.
esto no accidentalmente, sino continuedamente,
that of his family. possession of the status of Ismael Loanco as HON. ACCREDITED VOLUNTARY ARBITRATOR ALLAN S.
porque en tal supuesto los actos tiene el mismo valor
natural child of said Cesar Syquia, in the light MONTAÑO and NAGKAKAISANG MANGGAGAWA NG CENTRO
que el reconocimiento expreso.lawphil.net
The majority decision bases its connection on the second of the following authorities: STEEL CORPORATION-SOLIDARITY OF UNIONS IN THE
point on Exhibits C, F, G, H, and J and the following facts, PHILIPPINES FOR EMPOWERMENT AND REFORMS (NMCSC-
En el mismo criterio restrictivo se inspira la de 12 de SUPER), Respondents.
as found by the lower court in its decision: In the case of Buenaventura vs. Urbano (5
octubre de 1907, que estima que el hecho de que dos
Phil., 1, 9), this court said:
nodrizas criaron a otros tantos niños, sufragando el
Cuando la demandante Antonia L. de Jesus estaba para dar gasto el demandado, quien ademas iba a casa de la DECISION
a luz, el demandado Cesar Syquia llamo a su . . . Confining ourselves to the acts proved to demandante, los besada, los llamaba hijos y encargaba
comprovinciano Dr. Crescenciano Talavera, medico que have been performed by Don Telesforo, we para los mismos el mayor cuidado; el de que subvenia a CHICO-NAZARIO, J.:
entonces ejercia su profesion en la Ciudad de Manila, para find that he visited the mother of the plaintiff; las necesidades de la madre y de los seis hijos que la
que asistiera a aquella en su parto y a ese efecto llevo a la that he paid money for her support; that he nacieron, el primero de los cuales se llamaba como el
demandante Antonia L. de Jesus acompañado del Dr. paid money for the support of the plaintiff; padre; y el de que los porteros de la casa donde vivio la Before Us is a Petition for Review on Certiorari, under Rule 45
Talavera al Hospital San Jose, de esta Ciudad, donde ella that he hold one witness that the plaintiff was actora sabian que el finado visitaba a esta, se of the Rules of Court, assailing the Decision 1 dated 27 February
dio a luz el 17 de junio de 1931 asistida por dicho Dr. his son; that the plaintiff called him "Papa," lamentaba de la mucha familia que tenia y era tenido 2008 and the Resolution2 dated 9 May 2008 of the Court of
Talavera, que firmo el certificado de necimiento Exhibit E. Appeals in CA-G.R. SP No. 101697, affirming the
and that Don Telesforo answered to this en el concepto publico como padre de los menores, no
Resolution3 dated 20 November 2007 of respondent Accredited
designation; that when the plaintiff visited son suficientes para fundar la declaracion de
Voluntary Arbitrator Atty. Allan S. Montaño (Montaño) granting
Don Telesforo he kissed his hand; that Don paternidad, pues no es legal confundir actos que
 18

bereavement leave and other death benefits to Rolando P. legitimate parents, brothers and sisters only The Union argued that Hortillano was entitled to person at all. Hence, the term dependent could not be applied
Hortillano (Hortillano), grounded on the death of his with proper legal document to be presented bereavement leave and other death benefits pursuant to a fetus that never acquired juridical personality. A fetus that
unborn child. (e.g. death certificate).4 to the CBA. The Union maintained that Article X, was delivered dead could not be considered a dependent, since
Section 2 and Article XVIII, Section 4.3 of the CBA did it never needed any support, nor did it ever acquire the right to
not specifically state that the dependent should have be supported.
The antecedent facts of the case are as follows: The claim was based on the death of
first been born alive or must have acquired juridical
Hortillano’s unborn child. Hortillano’s wife,
personality so that his/her subsequent death could be
Marife V. Hortillano, had a premature delivery Continental Steel maintained that the wording of the CBA was
Hortillano, an employee of petitioner Continental Steel covered by the CBA death benefits. The Union cited
on 5 January 2006 while she was in the 38th clear and unambiguous. Since neither of the parties qualified
Manufacturing Corporation (Continental Steel) and a cases wherein employees of MKK Steel Corporation
week of pregnancy.5 According to the the terms used in the CBA, the legally accepted definitions
member of respondent Nagkakaisang Manggagawa ng (MKK Steel) and Mayer Steel Pipe Corporation (Mayer
Certificate of Fetal Death dated 7 January thereof were deemed automatically accepted by both parties.
Centro Steel Corporation-Solidarity of Trade Unions in the Steel), sister companies of Continental Steel, in similar
2006, the female fetus died during labor due The failure of the Union to have unborn child included in the
Philippines for Empowerment and Reforms (Union) filed on situations as Hortillano were able to receive death
to fetal Anoxia secondary to uteroplacental definition of dependent, as used in the CBA – the death of
9 January 2006, a claim for Paternity Leave, Bereavement 6 benefits under similar provisions of their CBAs.
insufficiency. whom would have qualified the parent-employee for
Leave and Death and Accident Insurance for dependent,
bereavement leave and other death benefits – bound the
pursuant to the Collective Bargaining Agreement (CBA)
The Union mentioned in particular the case of Steve L. Union to the legally accepted definition of the latter term.
concluded between Continental and the Union, which Continental Steel immediately granted
Dugan (Dugan), an employee of Mayer Steel, whose
reads: Hortillano’s claim for paternity leave but
wife also prematurely delivered a fetus, which had
denied his claims for bereavement leave and Continental Steel, lastly, averred that similar cases involving the
already died prior to the delivery. Dugan was able to
other death benefits, consisting of the death employees of its sister companies, MKK Steel and Mayer Steel,
ARTICLE X: LEAVE OF ABSENCE receive paternity leave, bereavement leave, and
and accident insurance.7 referred to by the Union, were irrelevant and incompetent
voluntary contribution under the CBA between his
evidence, given the separate and distinct personalities of the
xxxx union and Mayer Steel.15 Dugan’s child was only 24
companies. Neither could the Union sustain its claim that the
Seeking the reversal of the denial by weeks in the womb and died before labor, as opposed
grant of bereavement leave and other death benefits to the
Continental Steel of Hortillano’s claims for to Hortillano’s child who was already 37-38 weeks in
Section 2. BEREAVEMENT LEAVE—The Company agrees to bereavement and other death benefits, the the womb and only died during labor. parent-employee for the loss of an unborn child constituted
grant a bereavement leave with pay to any employee in Union resorted to the grievance machinery "company practice."
case of death of the employee’s legitimate dependent provided in the CBA. Despite the series of
(parents, spouse, children, brothers and sisters) based on conferences held, the parties still failed to The Union called attention to the fact that MKK Steel On 20 November 2007, Atty. Montaño, the appointed
the following: and Mayer Steel are located in the same compound as
settle their dispute,8 prompting the Union to Accredited Voluntary Arbitrator, issued a Resolution17 ruling
Continental Steel; and the representatives of MKK Steel
file a Notice to Arbitrate before the National that Hortillano was entitled to bereavement leave with pay and
and Mayer Steel who signed the CBA with their
2.1 Within Metro Manila up to Marilao, Bulacan - 7 days Conciliation and Mediation Board (NCMB) of death benefits.
respective employees’ unions were the same as the
the Department of Labor and Employment
9 representatives of Continental Steel who signed the
(DOLE), National Capital Region (NCR).  In a
2.2 Provincial/Outside Metro Manila - 11 days existing CBA with the Union. Atty. Montaño identified the elements for entitlement to said
Submission Agreement dated 9 October 2006,
benefits, thus:
the Union and Continental Steel submitted for
xxxx voluntary arbitration the sole issue of Finally, the Union invoked Article 1702 of the Civil
whether Hortillano was entitled to Code, which provides that all doubts in labor This Office declares that for the entitlement of the benefit of
bereavement leave and other death benefits legislations and labor contracts shall be construed in bereavement leave with pay by the covered employees as
ARTICLE XVIII: OTHER BENEFITS pursuant to Article X, Section 2 favor of the safety of and decent living for the laborer. provided under Article X, Section 2 of the parties’ CBA, three (3)
indispensable elements must be present: (1) there is "death";
xxxx (2) such death must be of employee’s "dependent"; and (3)
and Article XVIII, Section 4.3 of the CBA.10 The On the other hand, Continental Steel posited that the
such dependent must be "legitimate".
parties mutually chose Atty. Montaño, an express provision of the CBA did not contemplate the
Section 4. DEATH AND ACCIDENT INSURANCE—The Accredited Voluntary Arbitrator, to resolve death of an unborn child, a fetus, without legal
Company shall grant death and accidental insurance to the said issue.11 personality. It claimed that there are two elements for On the otherhand, for the entitlement to benefit for death and
employee or his family in the following manner: the entitlement to the benefits, namely: (1) death and accident insurance as provided under Article XVIII, Section 4,
(2) status as legitimate dependent, none of which paragraph (4.3) of the parties’ CBA, four (4) indispensable
When the preliminary conferences again
existed in Hortillano’s case. Continental Steel, relying elements must be present: (a) there is "death"; (b) such death
xxxx proved futile in amicably settling the dispute,
on Articles 40, 41 and 4216 of the Civil Code, contended must be of employee’s "dependent"; (c) such dependent must
the parties proceeded to submit their
that only one with civil personality could die. Hence, be "legitimate"; and (d) proper legal document to be
respective Position Papers, 12 Replies,13 and 18
4.3 DEPENDENTS—Eleven Thousand Five Hundred Fifty the unborn child never died because it never acquired presented.
Rejoinders14 to Atty. Montaño.
Pesos (Php11,550.00) in case of death of the employees juridical personality. Proceeding from the same line of
legitimate dependents (parents, spouse, and children). In thought, Continental Steel reasoned that a fetus that Atty. Montaño found that there was no dispute that the death
case the employee is single, this benefit covers the was dead from the moment of delivery was not a of an employee’s legitimate dependent occurred. The fetus had
 19

the right to be supported by the parents from the very The Court of Appeals, in its Decision dated 27 With costs against [herein petitioner Continental defines when a child is considered born. Article 42 plainly states
moment he/she was conceived. The fetus had to rely on February 2008, affirmed Atty. Montaño’s Steel].21 that civil personality is extinguished by death.
another for support; he/she could not have existed or Resolution dated 20 November 2007. The
sustained himself/herself without the power or aid of appellate court interpreted death to mean as
In a Resolution22 dated 9 May 2008, the Court of First, the issue of civil personality is not relevant herein. Articles
someone else, specifically, his/her mother. Therefore, the follows:
Appeals denied the Motion for Reconsideration 23 of 40, 41 and 42 of the Civil Code on natural persons, must be
fetus was already a dependent, although he/she died
Continental Steel. applied in relation to Article 37 of the same Code, the very first
during the labor or delivery. There was also no question
[Herein petitioner Continental Steel’s] of the general provisions on civil personality, which reads:
that Hortillano and his wife were lawfully married, making
exposition on the legal sense in which the
their dependent, unborn child, legitimate. Hence, this Petition, in which Continental Steel
term "death" is used in the CBA fails to
persistently argues that the CBA is clear and Art. 37. Juridical capacity, which is the fitness to be the subject
impress the Court, and the same is irrelevant
unambiguous, so that the literal and legal meaning of of legal relations, is inherent in every natural person and is lost
In the end, Atty. Montaño decreed: for ascertaining the purpose, which the grant
death should be applied. Only one with juridical only through death. Capacity to act, which is the power to do
of bereavement leave and death benefits
personality can die and a dead fetus never acquired a acts with legal effect, is acquired and may be lost.
thereunder, is intended to serve. While there
WHEREFORE, premises considered, a resolution is hereby juridical personality.
is no arguing with [Continental Steel] that the
rendered ORDERING [herein petitioner Continental Steel]
acquisition of civil personality of a child or We need not establish civil personality of the unborn child
to pay Rolando P. Hortillano the amount of Four Thousand
fetus is conditioned on being born alive upon We are not persuaded. herein since his/her juridical capacity and capacity to act as a
Nine Hundred Thirty-Nine Pesos (₱4,939.00), representing
delivery, it does not follow that such event of person are not in issue. It is not a question before us whether
his bereavement leave pay and the amount of Eleven
premature delivery of a fetus could never be As Atty. Montaño identified, the elements for the unborn child acquired any rights or incurred any obligations
Thousand Five Hundred Fifty Pesos (₱11,550.00)
contemplated as a "death" as to be covered bereavement leave under Article X, Section 2 of the prior to his/her death that were passed on to or assumed by
representing death benefits, or a total amount of
by the CBA provision, undoubtedly an event CBA are: (1) death; (2) the death must be of a the child’s parents. The rights to bereavement leave and other
₱16,489.00
causing loss and grief to the affected dependent, i.e., parent, spouse, child, brother, or sister, death benefits in the instant case pertain directly to the parents
employee, with whom the dead fetus stands of an employee; and (3) legitimate relations of the of the unborn child upon the latter’s death.
The complaint against Manuel Sy, however, is ORDERED in a legitimate relation. [Continental Steel] dependent to the employee. The requisites for death
DISMISSED for lack of merit. has proposed a narrow and technical and accident insurance under Article XVIII, Section 4(3) Second, Sections 40, 41 and 42 of the Civil Code do not provide
significance to the term "death of a legitimate of the CBA are: (1) death; (2) the death must be of a at all a definition of death. Moreover, while the Civil Code
All other claims are DISMISSED for lack of merit. dependent" as condition for granting dependent, who could be a parent, spouse, or child of a expressly provides that civil personality may be extinguished by
bereavement leave and death benefits under married employee; or a parent, brother, or sister of a death, it does not explicitly state that only those who have
the CBA. Following [Continental Steel’s] single employee; and (4) presentation of the proper acquired juridical personality could die.
Further, parties are hereby ORDERED to faithfully abide theory, there can be no experience of "death" legal document to prove such death, e.g., death
with the herein dispositions. to speak of. The Court, however, does not certificate.
share this view. A dead fetus simply cannot be And third, death has been defined as the cessation of life. 24 Life
equated with anything less than "loss of is not synonymous with civil personality. One need not acquire
Aggrieved, Continental Steel filed with the Court of
Appeals a Petition for Review on Certiorari, 19 under Section human life", especially for the expectant It is worthy to note that despite the repeated assertion civil personality first before he/she could die. Even a child
1, Rule 43 of the Rules of Court, docketed as CA-G.R. SP parents. In this light, bereavement leave and of Continental Steel that the provisions of the CBA are inside the womb already has life. No less than the Constitution
death benefits are meant to assuage the clear and unambiguous, its fundamental argument for recognizes the life of the unborn from conception, 25 that the
No. 101697.
employee and the latter’s immediate family, denying Hortillano’s claim for bereavement leave and State must protect equally with the life of the mother. If the
extend to them solace and support, rather other death benefits rests on the purportedly proper unborn already has life, then the cessation thereof even prior
Continental Steel claimed that Atty. Montaño erred in than an act conferring legal status or interpretation of the terms "death" and "dependent" as to the child being delivered, qualifies as death.
granting Hortillano’s claims for bereavement leave with personality upon the unborn child. used in the CBA. If the provisions of the CBA are indeed
pay and other death benefits because no death of an [Continental Steel’s] insistence that the clear and unambiguous, then there is no need to resort Likewise, the unborn child can be considered a dependent
employee’s dependent had occurred. The death of a fetus, certificate of fetal death is for statistical to the interpretation or construction of the same. under the CBA. As Continental Steel itself defines, a dependent
at whatever stage of pregnancy, was excluded from the purposes only sadly misses this crucial point.20 Moreover, Continental Steel itself admitted that neither is "one who relies on another for support; one not able to exist
coverage of the CBA since what was contemplated by the management nor the Union sought to define the
or sustain oneself without the power or aid of someone else."
CBA was the death of a legal person, and not that of a pertinent terms for bereavement leave and other death
Accordingly, the fallo of the 27 February 2008 benefits during the negotiation of the CBA. Under said general definition,26 even an unborn child is a
fetus, which did not acquire any juridical personality.
Decision of the Court of Appeals reads: dependent of its parents. Hortillano’s child could not have
Continental Steel pointed out that its contention was
reached 38-39 weeks of its gestational life without depending
bolstered by the fact that the term death was qualified by
The reliance of Continental Steel on Articles 40, 41 and upon its mother, Hortillano’s wife, for sustenance. Additionally,
the phrase legitimate dependent. It asserted that the WHEREFORE, premises considered, the 42 of the Civil Code for the legal definition of death is it is explicit in the CBA provisions in question that
status of a child could only be determined upon said child’s present petition is hereby DENIED for lack of misplaced. Article 40 provides that a conceived child the dependent may be the parent, spouse, or child of a married
birth, otherwise, no such appellation can be had. Hence, merit. The assailed Resolution dated acquires personality only when it is born, and Article 41 employee; or the parent, brother, or sister of a single
the conditions sine qua non for Hortillano’s entitlement to November 20, 2007 of Accredited Voluntary employee. The CBA did not provide a qualification for the child
bereavement leave and other death benefits under the Arbitrator Atty. Allan S. Montaño is hereby dependent, such that the child must have been born or must
CBA were lacking. AFFIRMED and UPHELD.
 20

have acquired civil personality, as Continental Steel avers. We emphasize that bereavement leave and compassion the law must accord the underprivileged Citizen at the time of his death; and that his intestate estate is
Without such qualification, then child shall be understood other death benefits are granted to an worker. financially capable of maintaining the proposed service". The
in its more general sense, which includes the unborn fetus employee to give aid to, and if possible, lessen commission, therefore, overruled the opposition filed in the
in the mother’s womb. the grief of, the said employee and his family case and ordered "that under the provisions of section 15 of
Likewise, in Terminal Facilities and Services Corporation
who suffered the loss of a loved one. It cannot Commonwealth Act No. 146, as amended a certificate of public
v. NLRC [199 SCRA 265 (1991)], we declared:
be said that the parents’ grief and sense of convenience be issued to the Intestate Estate of the deceased
The term legitimate merely addresses the dependent
loss arising from the death of their unborn Pedro Fragante, authorizing said Intestate Estate through its
child’s status in relation to his/her parents. In Angeles v.
27 child, who, in this case, had a gestational life Any doubt concerning the rights of labor should be Special or Judicial Administrator, appointed by the proper court
Maglaya,  we have expounded on who is a legitimate
of 38-39 weeks but died during delivery, is resolved in its favor pursuant to the social justice policy. of competent jurisdiction, to maintain and operate an ice plant
child, viz:
any less than that of parents whose child was with a daily productive capacity of two and one-half (2-1/2)
born alive but died subsequently. IN VIEW WHEREOF, the Petition is DENIED. The tons in the Municipality of San Juan and to sell the ice produced
A legitimate child is a product of, and, therefore, implies a
Decision dated 27 February 2008 and Resolution dated from said plant in the said Municipality of San Juan and in the
valid and lawful marriage. Remove the element of lawful
Being for the benefit of the employee, CBA 9 May 2008 of the Court of Appeals in CA-G.R. SP No. Municipality of Mandaluyong, Rizal, and in Quezon City",
union and there is strictly no legitimate filiation between
provisions on bereavement leave and other 101697, affirming the Resolution dated 20 November subject to the conditions therein set forth in detail (petitioner's
parents and child. Article 164 of the Family Code cannot be
death benefits should be interpreted liberally 2007 of Accredited Voluntary Arbitrator Atty. Allan S. brief, pp. 33-34).ch
more emphatic on the matter: "Children conceived or born
to give life to the intentions thereof. Time and Montaño, which granted to Rolando P. Hortillano
during the marriage of the parents are legitimate."
again, the Labor Code is specific in bereavement leave pay and other death benefits in the Petitioner makes four assignments of error in his brief as
(Emphasis ours.)
enunciating that in case of doubt in the amounts of Four Thousand Nine Hundred Thirty-Nine follows:
interpretation of any law or provision Pesos (₱4,939.00) and Eleven Thousand Five Hundred
Conversely, in Briones v. Miguel,28 we identified an affecting labor, such should be interpreted in Fifty Pesos (₱11,550.00), respectively, grounded on the
1. The decision of the Public Service
illegitimate child to be as follows: favor of labor.29 In the same way, the CBA and death of his unborn child, are AFFIRMED. Costs against
Commission is not in accordance with
CBA provisions should be interpreted in favor Continental Steel Manufacturing Corporation.
law.
The fine distinctions among the various types of of labor. In Marcopper Mining v. National
illegitimate children have been eliminated in the Family Labor Relations Commission,30 we SO ORDERED.
pronounced: 2. The decision of the Public Service
Code. Now, there are only two classes of children --
Commission is not reasonably supported
legitimate (and those who, like the legally adopted, have
by evidence.cha
the rights of legitimate children) and illegitimate. All Finally, petitioner misinterprets the
children conceived and born outside a valid marriage are declaration of the Labor Arbiter in the
illegitimate, unless the law itself gives them legitimate assailed decision that "when the pendulum of G.R. No. L-770 April 27, 1948 3. The Public Service Commission erred in
status. (Emphasis ours.) judgment swings to and fro and the forces are not giving petitioner and the Ice and Cold
equal on both sides, the same must be stilled ANGEL T. LIMJOCO, Petitioner, vs. INTESTATE ESTATE Storage Industries of the Philippines, Inc.,
in favor of labor." While petitioner OF PEDRO O. FRAGRANTE, deceased, Respondent. as existing operators, a reasonable
It is apparent that according to the Family Code and the
acknowledges that all doubts in the opportunity to meet the increased
afore-cited jurisprudence, the legitimacy or illegitimacy of
interpretation of the Labor Code shall be demand.ch
a child attaches upon his/her conception. In the present Angel Limjoco, Jr. and Delfin L. Gonzales for petitioner.
case, it was not disputed that Hortillano and his wife were resolved in favor of labor, it insists that what
is involved-here is the amended CBA which is Bienvenido A. Tan for respondent.
validly married and that their child was conceived during 4. The decision of the Public Service
said marriage, hence, making said child legitimate upon essentially a contract between private Commission is an unwarranted departure
her conception.1avvphi1 persons. What petitioner has lost sight of is HILADO, J.: from its announced policy with respect to
the avowed policy of the State, enshrined in the establishment and operation of ice
our Constitution, to accord utmost protection plant. (Pp. 1-2, petitioner's brief.)
Also incontestable is the fact that Hortillano was able to Under date of May 21, 1946, the Public Service
and justice to labor, a policy, we are, likewise,
comply with the fourth element entitling him to death and Commission, through Deputy Commissioner Fidel
sworn to uphold.
accident insurance under the CBA, i.e., presentation of the Ibañez, rendered its decision in case No. 4572 of Pedro In his argument petitioner contends that it was error on the
death certificate of his unborn child. O. Fragante, as applicant for a certificate of public part of the commission to allow the substitution of the legal
In Philippine Telegraph & Telephone convenience to install, maintain and operate an ice representative of the estate of Pedro O. Fragante for the latter
Corporation v. NLRC [183 SCRA 451 (1990)], plant in San Juan, Rizal, whereby said commission held as party applicant in the case then pending before the
Given the existence of all the requisites for bereavement we categorically stated that: that the evidence therein showed that the public commission, and in subsequently granting to said estate the
leave and other death benefits under the CBA, Hortillano’s interest and convenience will be promoted in a proper certificate applied for, which is said to be in contravention of
claims for the same should have been granted by and suitable manner "by authorizing the operation and
When conflicting interests of labor and capital law.c
Continental Steel. maintenance of another ice plant of two and one-half
are to be weighed on the scales of social
justice, the heavier influence of the latter (2-�) tons in the municipality of San Juan; that the
original applicant Pedro O. Fragante was a Filipino If Pedro O. Fragante had not died, there can be no question
should be counter-balanced by sympathy and that he would have had the right to prosecute his application
 21

before the commission to its final conclusion. No one Rule 88, section 2, provides that the executor that the decedent's rights which by their nature are not forgery committed after the death of the
would have denied him that right. As declared by the or administrator may bring or defend actions, extinguished by death go to make up a part and parcel man whose name purports to be signed
commission in its decision, he had invested in the ice plant among other cases, for the protection of the of the assets of his estate which, being placed under to the instrument may be prosecuted as
in question P 35,000, and from what the commission said property or rights of the deceased which the control and management of the executor or with the intent to defraud the estate.
regarding his other properties and business, he would survive, and it says that such actions may be administrator, can not be exercised but by him in Billings vs. State, 107 Ind., 54, 55, 6 N. E.
certainly have been financially able to maintain and brought or defended "in the right of the representation of the estate for the benefit of the 914, 7 N. E. 763, 57 Am. Rep. 77.
operate said plant had he not died. His transportation deceased".chanrobl creditors, devisees or legatees, if any, and the heirs of
business alone was netting him about P1,440 a month. He the decedent. And if the right involved happens to
The Supreme Court of Indiana in the decision cited above had
was a Filipino citizen and continued to be such till his consist in the prosecution of an unfinished proceeding
Rule 82, section 1, paragraph (a), mentions before it a case of forgery committed after the death of one
demise. The commission declared in its decision, in view of upon an application for a certificate of public
among the duties of the executor or Morgan for the purpose of defrauding his estate. The objection
the evidence before it, that his estate was financially able convenience of the deceased before the Public Service
administrator, the making of an inventory of was urged that the information did not aver that the forgery
to maintain and operate the ice plant. The aforesaid right Commission, it is but logical that the legal
all goods, chattels, rights, credits, and estate was committed with the intent to defraud any person. The
of Pedro O. Fragante to prosecute said application to its representative be empowered and entitled in behalf of
of the deceased which shall come to his Court, per Elliott, J., disposed of this objection as follows:
conclusion was one which by its nature did not lapse the estate to make the right effective in that
possession or knowledge, or to the possession
through his death. Hence, it constitutes a part of the assets proceeding.ch
of any other person for him.cha
of his estate, for which a right was property despite the . . . The reason advanced in support of
possibility that in the end the commission might have this proposition is that the law does not
Manresa (Vol. III, 6th ed., p. 11) says that No. 10 of
denied application, although under the facts of the case, In his commentaries on the Rules of Court regard the estate of a decedent as a
article 334 and article 336 of the Civil Code,
the commission granted the application in view of the (Volume II, 2nd ed., pages 366, 367) the person. This intention (contention)
respectively, consider as immovable and movable
financial ability of the estate to maintain and operate the present chief Justice of this Court draws the cannot prevail. The estate of the
things rights which are not material. The same eminent
ice plant. Petitioner, in his memorandum of March 19, following conclusion from the decisions cited decedent is a person in legal
commentator says in the cited volume (p. 45) that
1947, admits (page 3) that the certificate of public by him: contemplation. "The word "person" says
article 336 of the Civil Code has been deficiently drafted
convenience once granted "as a rule, should descend to his Mr. Abbot, "in its legal signification, is a
in that it is not sufficiently expressive of all incorporeal
estate as an asset". Such certificate would certainly be generic term, and includes artificial as
Therefore, unless rights which are also property for juridical purposes.cha
property, and the right to acquire such a certificate, by well as natural persons," 2 Abb. Dict. 271;
otherwise expressly
complying with the requisites of the law, belonged to the Douglas vs. Pacific, etc. Co., 4 Cal. 304;
provided by law, any
decedent in his lifetime, and survived to his estate and Corpus Juris (Vol. 50, p. 737) states that in the broad Planters', etc., Bank vs. Andrews, 8 Port.
action affecting the
judicial administrator after his death.ch sense of the term, property includes, among other (Ala.) 404. It said in another work that
property
things, "an option", and "the certificate of the railroad 'persons are of two kinds: natural and
or rights (emphasis
commission permitting the operation of a bus line", and artificial. A natural person is a human
If Pedro O. Fragrante had in his lifetime secured an option supplied) of a deceased
on page 748 of the same volume we read: being. Artificial persons include (1) a
to buy a piece of land and during the life of the option he person which may be
collection or succession of natural
died, if the option had been given him in the ordinary brought by or against
persons forming a corporation; (2) a
course of business and not out of special consideration for him if he were alive, However, these terms (real
collection of property to which the law
his person, there would be no doubt that said option and may likewise be property, as estate or interest)
attributes the capacity of having rights
the right to exercise it would have survived to his estate instituted and have also been declared to
and duties. The latter class of artificial
and legal representatives. In such a case there would also prosecuted by or include every species of
persons is recognized only to a limited
be the possibility of failure to acquire the property should against the title, inchoate or complete, and
extent in our law. "Examples are the
he or his estate or legal representative fail to comply with administrator, unless embrace rights which lie in
estate of a bankrupt or deceased
the conditions of the option. In the case at bar Pedro O. the action is for contract, whether executory or
person." 2 Rapalje & L. Law Dict. 954. Our
Fragrante's undoubted right to apply for and acquire the recovery of money, executed. (Emphasis supplied.)
own cases inferentially recognize the
desired certificate of public convenience - the evidence debt or interest
correctness of the definition given by the
established that the public needed the ice plant - was thereon, or unless, by
Another important question raised by petitioner is authors from whom we have quoted, for
under the law conditioned only upon the requisite its very nature, it
whether the estate of Pedro O. Fragrante is a "person" they declare that it is sufficient, in
citizenship and economic ability to maintain and operate cannot survive, because
within the meaning of the Public Service Act.chanr pleading a claim against a decedent's
the service. Of course, such right to acquire or obtain such death extinguishes the
estate, to designate the defendant as the
certificate of public convenience was subject to failure to right . . . .
Words and Phrases, First Series, (Vol. 6, p, 5325), states estate of the deceased person, naming
secure its objective through nonfulfillment of the legal
the following doctrine in the jurisdiction of the State of him. Ginn vs. Collins, 43 Ind. 271. Unless
conditions, but the situation here is no different from the It is true that a proceeding upon the
Indiana: we accept this definition as correct, there
legal standpoint from that of the option in the illustration application for a certificate of public
would be a failure of justice in cases
just given.c convenience before the Public Service where, as here, the forgery is committed
Commission is not an "action". But the As the estate of the decedent is after the death of a person whose name
foregoing provisions and citations go to prove in law regarded as a person, a is forged; and this is a result to be
 22

avoided if it can be done consistent . . . the judgment in both cases. This is why according to the Supreme persons, for otherwise these latter would be without the
with principle. We perceive no appealed from must be Court of Indiana in Billings vs. State, supra, citing 2 constitutional guarantee against being deprived of property
difficulty in avoiding such a result; affirmed so far as it Rapalje & L. Dictionary, 954, among the artificial without due process of law, or the immunity from
for, to our minds, it seems holds that defendants persons recognized by law figures "a collection of unreasonable searches and seizures. We take it that it was the
reasonable that the estate of a Concepcion and property to which the law attributes the capacity of intendment of the framers to include artificial or juridical, no
decedent should be regarded as an Whitaker are indebted having rights and duties", as for instance, the estate of less than natural, persons in these constitutional immunities
artificial person. It is the creation of to he plaintiffs in the a bankrupt or deceased person.chan and in others of similar nature. Among these artificial or
law for the purpose of enabling a amount of juridical persons figure estates of deceased persons. Hence, we
disposition of the assets to be P245,804.69 . . . . hold that within the framework of the Constitution, the estate
Petitioner raises the decisive question of whether or
properly made, and, although of Pedro O. Fragrante should be considered an artificial or
not the estate of Pedro O. Fragrante can be considered
natural persons as heirs, devises, or juridical person for the purposes of the settlement and
Under the regime of the Civil Code and before a "citizen of the Philippines" within the meaning of
creditors, have an interest in the distribution of his estate which, of course, include the exercise
the enactment of the Code of Civil Procedure, section 16 of the Public Service Act, as amended,
property, the artificial creature is a during the judicial administration thereof of those rights and
the heirs of a deceased person were particularly the proviso thereof expressly and
distinct legal entity. The interest the fulfillment of those obligations of his which survived after
considered in contemplation of law as the categorically limiting the power of the commission to
which natural persons have in it is his death. One of those rights was the one involved in his
continuation of his personality by virtue of the issue certificates of public convenience or certificates of
not complete until there has been a pending application before the Public Service Commission in
provision of article 661 of the first Code that public convenience and necessity "only to citizens of
due administration; and one who the instant case, consisting in the prosecution of said
the heirs succeed to all the rights and the Philippines or of the United States or to
forges the name of the decedent to application to its final conclusion. As stated above, an injustice
obligations of the decedent by the mere fact corporations, copartnerships, associations, or joint-
an instrument purporting to be a would ensue from the opposite course.c
of his death. It was so held by this Court stock companies constituted and organized under the
promissory note must be regarded
in Barrios vs. Dolor, 2 Phil., 44, 46. However, laws of the Philippines", and the further proviso that
as having intended to defraud the
after the enactment of the Code of Civil sixty per centum of the stock or paid-up capital of such How about the point of citizenship? If by legal fiction his
estate of the decedent, and not the
Procedure, article 661 of the Civil Code was entities must belong entirely to citizens of the personality is considered extended so that any debts or
natural persons having diverse
abrogated, as held in Suiliong & Co. vs. Chio- Philippines or of the United States. obligations left by, and surviving, him may be paid, and any
interests in it, since ha cannot be
Taysan, 12 Phil., 13, 22. In that case, as well as surviving rights may be exercised for the benefit of his creditors
presumed to have known who those
in many others decided by this Court after the and heirs, respectively, we find no sound and cogent reason for
persons were, or what was the Within the Philosophy of the present legal system, the
innovations introduced by the Code of Civil denying the application of the same fiction to his citizenship,
nature of their respective interest. underlying reason for the legal fiction by which, for
Procedure in the matter of estates of and for not considering it as likewise extended for the purposes
The fraudulent intent is against the certain purposes, the estate of the deceased person is
deceased persons, it has been the constant of the aforesaid unfinished proceeding before the Public
artificial person, - the estate - and considered a "person" is the avoidance of injustice or
doctrine that it is the estate or the mass of Service Commission. The outcome of said proceeding, if
not the natural persons who have prejudice resulting from the impossibility of exercising
property, rights and assets left by the successful, would in the end inure to the benefit of the same
direct or contingent interest in it. such legal rights and fulfilling such legal obligations of
decedent, instead of the heirs directly, that creditors and the heirs. Even in that event petitioner could not
(107 Ind. 54, 55, 6 N.E. 914-915.) the decedent as survived after his death unless the
becomes vested and charged with his rights allege any prejudice in the legal sense, any more than he could
fiction is indulged. Substantially the same reason is
and obligations which survive after his have done if Fragrante had lived longer and obtained the
assigned to support the same rule in the jurisdiction of
In the instant case there would also be a failure of justice demise.chanr desired certificate. The fiction of such extension of his
the State of Indiana, as announced in Billings vs.
unless the estate of Pedro O. Fragrante is considered a citizenship is grounded upon the same principle, and motivated
State, supra, when the Supreme Court of said State
"person", for quashing of the proceedings for no other by the same reason, as the fiction of the extension of
The heirs were formerly considered as the said:
reason than his death would entail prejudicial results to his personality. The fiction is made necessary to avoid the injustice
continuation of the decedent's personality
investment amounting to P35,000.00 as found by the of subjecting his estate, creditors and heirs, solely by reason of
simply by legal fiction, for they might not have
commission, not counting the expenses and disbursements . . . It seems reasonable that the his death to the loss of the investment amounting to P35,000,
been flesh and blood - the reason was one in
which the proceeding can be presumed to have estate of a decedent should be which he has already made in the ice plant, not counting the
the nature of a legal exigency derived from
occasioned him during his lifetime, let alone those regarded as an artificial person. it other expenses occasioned by the instant proceeding, from the
the principle that the heirs succeeded to the
defrayed by the estate thereafter. In this jurisdiction there is the creation of law for the Public Service Commission of this Court.c
rights and obligations of the decedent. Under
are ample precedents to show that the estate of a purpose of enabling a disposition
the present legal system, such rights and
deceased person is also considered as having legal of the assets to be properly made
obligations as survive after death have to be We can perceive no valid reason for holding that within the
personality independent of their heirs. Among the most ....
exercised and fulfilled only by the estate of intent of the constitution (Article IV), its provisions on
recent cases may be mentioned that of "Estate of Mota vs.
the deceased. And if the same legal fiction Philippine citizenship exclude the legal principle of extension
Concepcion, 56 Phil., 712, 717, wherein the principal Within the framework and principles of the constitution above adverted to. If for reasons already stated our law
were not indulged, there would be no juridical
plaintiff was the estate of the deceased Lazaro Mota, and itself, to cite just one example, under the bill of rights it indulges the fiction of extension of personality, if for such
basis for the estate, represented by the
this Court gave judgment in favor of said estate along with seems clear that while the civil rights guaranteed reasons the estate of Pedro O. Fragrante should be considered
executor or administrator, to exercise those
the other plaintiffs in these words: therein in the majority of cases relate to natural an artificial or juridical person herein, we can find no
rights and to fulfill those obligations of the
deceased. The reason and purpose for persons, the term "person" used in section 1 (1) and (2) justification for refusing to declare a like fiction as to the
indulging the fiction is identical and the same must be deemed to include artificial or juridical
 23

extension of his citizenship for the purposes of this authorization be Petitioner alleges that the estate is just a front or The marriage of Atty. Adriano and Rosario, however, turned
proceeding.c exclusive in character or dummy for aliens to go around the citizenship sour and they were eventually separated-in-fact. Years later,
for a longer period than constitutional provision. It is alleged that Gaw Suy, the Atty. Adriano courted Valino, one of his clients, until they
fifty years. No franchise special administrator of the estate, is an alien.c decided to live together as husband and wife. Despite such
Pedro O. Fragrante was a Filipino citizen, and as such, if he
granted to any arrangement, he continued to provide financial support to
had lived, in view of the evidence of record, he would have
individual, firm or Rosario and their children (respondents).
obtained from the commission the certificate for which he We are of the opinion that the citizenship of the heirs
corporation, except
was applying. The situation has suffered but one change, of Fragrante should be determined by the Commission
under the condition
and that is, his death. His estate was that of a Filipino upon evidence that the party should be present. It In 1992, Atty. Adriano died of acute emphysema. At that time,
that it shall be subject
citizen. And its economic ability to appropriately and should also determine the dummy question raised by Rosario was in the United States spending Christmas with her
to amendment,
adequately operate and maintain the service of an ice the petitioner.c children. As none of the family members was around, Valino
alteration, or repeal by
plant was the same that it received from the decedent took it upon herself to shoulder the funeral and burial expenses
Congress when the
himself. In the absence of a contrary showing, which does for Atty. Adriano. When Rosario learned about the death of her
public interest so We are of opinion and so vote that the decision of the
not exist here, his heirs may be assumed to be also Filipino husband, she immediately called Valino and requested that she
requires. Public Service Commission of May 21, 1946, be set
citizens; and if they are not, there is the simple expedient delay the interment for a few days but her request was not
aside and that the Commission be instructed to receive
of revoking the certificate or enjoining them from heeded. The remains of Atty. Adriano were then interred at the
evidence of the above factual questions and render a
inheriting it.c The main question in this case is whether the mausoleum of the family of Valino at the Manila Memorial
new decision accordingly.
estate of Pedro O. Fragrante fulfills the Park. Respondents were not able to attend the interment.
citizenship requirement. To our mind, the
Upon the whole, we are of the opinion that for the
question can be restated by asking whether G.R. No. 182894               April 22, 2014
purposes of the prosecution of said case No. 4572 of the Claiming that they were deprived of the chance to view the
the heirs of Pedro O. Fragrante fulfill the
Public Service Commission to its final conclusion, both the remains of Atty. Adriano before he was buried and that his
citizenship requirement of the law.cha FE FLORO VALINO, Petitioner,
personality and citizenship of Pedro O. Fragrante must be burial at the Manila Memorial Park was contrary to his wishes,
deemed extended, within the meaning and intent of the vs. respondents commenced suit against Valino praying that they
Public Service Act, as amended, in harmony with the The estate is an abstract entity. As such, its ROSARIO D. ADRIANO, FLORANTE D. ADRIANO, be indemnified for actual, moral and exemplary damages and
constitution: it is so adjudged and decreed. legal value depends on what it represents. It RUBEN D. ADRIANO, MARIA TERESA ADRIANO attorney’s fees and that the remains of Atty. Adriano be
is a device by which the law gives a kind of ONGOCO, VICTORIA ADRIANO BAYONA, and LEAH exhumed and transferred to the family plot at the Holy Cross
personality and unity to undetermined ANTONETTE D. ADRIANO, Respondents. Memorial Cemetery in Novaliches, Quezon City.
Decision affirmed, without costs. So ordered.
tangible persons, the heirs. They inherit and
replace the deceased at the very moment of DECISION In her defense, Valino countered that Rosario and Atty. Adriano
Moran, C.J., Pablo, Bengzon, Briones, Padilla and Tuason, his death. As there are procedural requisites
had been separated for more than twenty (20) years before he
JJ., concur. for their identification and determination that
MENDOZA, J.: courted her. Valino claimed that throughout the time they were
Paras, J., I hereby certify that Mr. Justice Feria voted with need time for their compliance, a legal fiction
together, he had introduced her to his friends and associates as
the majority. has been devised to represent them. That
his wife. Although they were living together, Valino admitted
legal fiction is the estate, a liquid condition in Challenged in this petition is the October 2, 2006 that he never forgot his obligation to support the respondents.
Separate Opinions  process of Decision1 and the May 9, 2008 Resolution2 of the Court She contended that, unlike Rosario, she took good care of Atty.
solidification.chanroblesvirtualawlibrary  of Appeals (CA) in CA-G.R. CV No. 61613, which Adriano and paid for all his medical expenses when he got
reversed the October 1, 1998 Decision3 of the Regional seriously ill. She also claimed that despite knowing that Atty.
PERFECTO, J., dissenting:Commonwealth Act No. 146
reserves to Filipino citizens the right to obtain a certificate The estate, therefore, has only a Trial Court, Branch 77, Quezon City (RTC) which ruled Adriano was in a coma and dying, Rosario still left for the
of public convenience to operate an ice plant in San Juan, representative value. What the law calls that petitioner Fe Floro Valino (Valino) was entitled to United States. According to Valino, it was Atty. Adriano’s last
Rizal. The limitation is in accordance with section 8 of estate is, a matter of fact, intended to the remains of the decedent. wish that his remains be interred in the Valino family
Article XIV of the Constitution which provides designate the heirs of the deceased. The mausoleum at the Manila Memorial Park.
question, therefore, in this case, boils down to The Facts:
the citizenship of the heirs of Fragrante.ch
No franchise, certificate, or any Valino further claimed that she had suffered damages as result
other form of authorization for the Atty. Adriano Adriano (Atty. Adriano), a partner in the of the suit brought by respondents. Thus, she prayed that she
operation of a public utility shall be There is nothing in the record to show Pelaez Adriano and Gregorio Law Office, married be awarded moral and exemplary damages and attorney’s fees.
granted except to citizens of the conclusively the citizenship of the heirs of respondent Rosario Adriano (Rosario) on November 15,
Philippines or to corporations or Fragrante. If they are Filipino citizens, the 1955. The couple had two (2) sons, Florante and Ruben Decision of the RTC
other entities organized under the action taken by the Public Service Commission Adriano; three (3) daughters, Rosario, Victoria and
laws of the Philippines, sixty per should be affirmed. If they are not, it should Maria Teresa; and one (1) adopted daughter, Leah
be reversed Antonette. The RTC dismissed the complaint of respondents for lack of
centum of the capital of which is
merit as well as the counterclaim of Valino after it found them
owned by citizens of the Philippines,
to have not been sufficiently proven.
nor such franchise, certificate or
 24

The RTC opined that because Valino lived with Atty. Article 305 of the Civil Code, in relation to (a) If the deceased was a married man or woman, the Inventoried Property) stated: "Be it noted, however, that with
Adriano for a very long time, she knew very well that it was what is now Article 1996 of the Family Code, duty of the burial shall devolve upon the surviving respect to 'spouse,' the same must be the legitimate 'spouse'
his wish to be buried at the Manila Memorial Park. Taking specifies the persons who have the right and spouse if he or she possesses sufficient means to pay (not common-law spouses)."
into consideration the fact that Rosario left for the United duty to make funeral arrangements for the the necessary expenses;
States at the time that he was fighting his illness, the trial deceased. Thus:
There is a view that under Article 332 of the Revised Penal
court concluded that Rosario did not show love and care
x x x x. [Emphases supplied] Code, the term "spouse" embraces common law relation for
for him. Considering also that it was Valino who performed
Art. 305. The duty and the right to make purposes of exemption from criminal liability in cases of theft,
all the duties and responsibilities of a wife, the RTC wrote
arrangements for the funeral of a relative swindling and malicious mischief committed or caused mutually
that it could be reasonably presumed that he wished to be From the aforecited provisions, it is undeniable that the
shall be in accordance with the order by spouses. The Penal Code article, it is said, makes no
buried in the Valino family mausoleum.4 law simply confines the right and duty to make funeral
established for support, under Article 294. In distinction between a couple whose cohabitation is sanctioned
arrangements to the members of the family to the
case of descendants of the same degree, or of by a sacrament or legal tie and another who are husband and
exclusion of one’s common law partner. In Tomas
In disposing of the case, the RTC noted that the brothers and sisters, the oldest shall be wife de facto. But this view cannot even apply to the facts of
Eugenio, Sr. v. Velez,7 a petition for habeas corpus was
exhumation and the transfer of the body of Atty. Adriano preferred. In case of ascendants, the paternal the case at bar. We hold that the provisions of the Civil Code,
filed by the brothers and sisters of the late Vitaliana
to the Adriano family plot at the Holy Cross Memorial shall have a better right. [Emphases supplied] unless expressly providing to the contrary as in Article 144,
Vargas against her lover, Tomas Eugenio, Sr., alleging
Cemetery in Novaliches, Quezon City, would not serve any when referring to a "spouse" contemplate a lawfully wedded
that the latter forcibly took her and confined her in his
useful purpose and so he should be spared and spouse. Petitioner vis-a-vis Vitaliana was not a lawfully-wedded
Art. 199. Whenever two or more persons are residence. It appearing that she already died of heart
respected.5 Decision of the CA spouse to her; in fact, he was not legally capacitated to marry
obliged to give support, the liability shall failure due to toxemia of pregnancy, Tomas Eugenio, Sr.
her in her lifetime.8 [Emphases supplied]
devolve upon the following persons in the sought the dismissal of the petition for lack of
On appeal, the CA reversed and set aside the RTC decision order herein provided: jurisdiction and claimed the right to bury the deceased,
and directed Valino to have the remains of Atty. Adriano as the common-law husband. As applied to this case, it is clear that the law gives the right and
exhumed at the expense of respondents. It likewise duty to make funeral arrangements to Rosario, she being the
(1) The spouse;
directed respondents, at their expense, to transfer, surviving legal wife of Atty. Adriano. The fact that she was living
In its decision, the Court resolved that the trial court
transport and inter the remains of the decedent in the separately from her husband and was in the United States
continued to have jurisdiction over the case
family plot at the Holy Cross Memorial Park in Novaliches, (2) The descendants in the nearest degree; when he died has no controlling significance. To say that
notwithstanding the death of Vitaliana Vargas. As to
Quezon City. Rosario had, in effect, waived or renounced, expressly or
the claim of Tomas Eugenio, Sr. that he should be
(3) The ascendants in the nearest degree; and impliedly, her right and duty to make arrangements for the
considered a "spouse" having the right and duty to
funeral of her deceased husband is baseless. The right and duty
In reaching said determination, the CA explained that make funeral arrangements for his common-law wife,
to make funeral arrangements, like any other right, will not be
Rosario, being the legal wife, was entitled to the custody of (4) The brothers and sisters. (294a) the Court ruled:
considered as having been waived or renounced, except upon
the remains of her deceased husband. Citing Article 305 of
clear and satisfactory proof of conduct indicative of a free and
the New Civil Code in relation to Article 199 of the Family
[Emphasis supplied] x x x Indeed, Philippine Law does not recognize voluntary intent to that end.9 While there was disaffection
Code, it was the considered view of the appellate court
common law marriages. A man and woman not legally between Atty. Adriano and Rosario and their children when he
that the law gave the surviving spouse not only the duty
married who cohabit for many years as husband and was still alive, the Court also recognizes that human
but also the right to make arrangements for the funeral of Further, Article 308 of the Civil Code provides: wife, who represent themselves to the public as compassion, more often than not, opens the door to mercy and
her husband. For the CA, Rosario was still entitled to such
husband and wife, and who are reputed to be husband forgiveness once a family member joins his Creator. Notably, it
right on the ground of her subsisting marriage with Atty.
Art. 308. No human remains shall be retained, and wife in the community where they live may be is an undisputed fact that the respondents wasted no time in
Adriano at the time of the latter’s death, notwithstanding
interred, disposed of or exhumed without the considered legally married in common law jurisdictions making frantic pleas to Valino for the delay of the interment for
their 30-year separation in fact.
consent of the persons mentioned in Articles but not in the Philippines. a few days so they could attend the service and view the
294 and 305. [Emphases supplied] remains of the deceased. As soon as they came to know about
Like the RTC, however, the CA did not award damages in
While it is true that our laws do not just brush aside the Atty. Adriano’s death in the morning of December 19, 1992
favor of respondents due to the good intentions shown by
fact that such relationships are present in our society, (December 20, 1992 in the Philippines), the respondents
Valino in giving the deceased a decent burial when the In this connection, Section 1103 of the
and that they produce a community of properties and immediately contacted Valino and the Arlington Memorial
wife and the family were in the United States. All other Revised Administrative Code provides:
interests which is governed by law, authority exists in Chapel to express their request, but to no avail.
claims for damages were similarly dismissed.
case law to the effect that such form of co-ownership
Section 1103. Persons charged with the duty requires that the man and woman living together must Valino insists that the expressed wishes of the deceased should
The Sole Issue of burial. – The immediate duty of burying the not in any way be incapacitated to contract marriage. In nevertheless prevail pursuant to Article 307 of the Civil Code.
body of a deceased person, regardless of the any case, herein petitioner has a subsisting marriage Valino’s own testimony that it was Atty. Adriano’s wish to be
ultimate liability for the expense thereof, shall with another woman, a legal impediment which
The lone legal issue in this petition is who between Rosario devolve upon the persons herein below buried in their family plot is being relied upon heavily. It should
disqualified him from even legally marrying Vitaliana. In be noted, however, that other than Valino’s claim that Atty.
and Valino is entitled to the remains of Atty. Adriano. specified: Santero vs. CFI of Cavite, the Court, thru Mr. Justice Adriano wished to be buried at the Manila Memorial Park, no
Paras, interpreting Art. 188 of the Civil Code (Support of other evidence was presented to corroborate such claim.
The Court’s Ruling Surviving Spouse and Children During Liquidation of Considering that Rosario equally claims that Atty. Adriano
 25

wished to be buried in the Adriano family plot in the wishes of the deceased must be expressly been separated-in-fact and had been living apart for reasonable degree of certainty. In this case at bench, there was
Novaliches, it becomes apparent that the supposed burial provided. It cannot be inferred lightly, such as more than 30 years.12 no iota of evidence presented to justify award of actual
wish of Atty. Adriano was unclear and undefinite. from the circumstance that Atty. Adriano damages.
Considering this ambiguity as to the true wishes of the spent his last remaining days with Valino. It
As for Valino’s contention that there is no point in
deceased, it is the law that supplies the presumption as to bears stressing once more that other than
exhuming and transferring the remains of Atty. Plaintiffs-appellants are not also entitled to moral and
his intent. No presumption can be said to have been Valino’s claim that Atty. Adriano wished to be
Adriano, it should be said that the burial of his remains exemplary damages.1âwphi1 Moral damages may be recovered
created in Valino’s favor, solely on account of a long-time buried at the Valino family plot, no other
in a place other than the Adriano family plot in only if the plaintiff is able to satisfactorily prove the existence of
relationship with Atty. Adriano. evidence was presented to corroborate it.
Novaliches runs counter to the wishes of his family. It the factual basis for the damages and its causal connection with
does not only violate their right provided by law, but it the acts complained of because moral damages although
Moreover, it cannot be surmised that just because Rosario At any rate, it should be remembered that the also disrespects the family because the remains of the incapable of pecuniary estimation are designed not to impose a
was unavailable to bury her husband when she died, she wishes of the decedent with respect to his patriarch are buried in the family plot of his live-in penalty but to compensate for injury sustained and actual
had already renounced her right to do so. Verily, in the funeral are not absolute. As Dr. Tolentino partner. damages suffered. No injury was caused to plaintiffs-appellants,
same vein that the right and duty to make funeral further wrote: nor was any intended by anyone in this case. Exemplary
arrangements will not be considered as having been damages, on the other hand, may only be awarded if claimant
It is generally recognized that the corpse of an
waived or renounced, the right to deprive a legitimate is able to establish his right to moral, temperate, liquidated or
The dispositions or wishes of the deceased in individual is outside the commerce of man. However,
spouse of her legal right to bury the remains of her compensatory damages. Unfortunately, neither of the
relation to his funeral, must not be contrary the law recognizes that a certain right of possession
deceased husband should not be readily presumed to have requirements to sustain an award for either of these damages
to law. They must not violate the legal and over the corpse exists, for the purpose of a decent
been exercised, except upon clear and satisfactory proof of would appear to have been adequately established by
reglamentary provisions concerning funerals burial, and for the exclusion of the intrusion by third
conduct indicative of a free and voluntary intent of the plaintiffs-appellants.
and the disposition of the remains, whether persons who have no legitimate interest in it. This
deceased to that end. Should there be any doubt as to the
as regards the time and manner of quasi-property right, arising out of the duty of those
true intent of the deceased, the law favors the legitimate
disposition, or the place of burial, or the obligated by law to bury their dead, also authorizes As regards the award of attorney's fees, it is an accepted
family. Here, Rosario’s keenness to exercise the rights and
ceremony to be observed.11 [Emphases them to take possession of the dead body for purposes doctrine that the award thereof as an item of damages is the
obligations accorded to the legal wife was even bolstered
supplied] of burial to have it remain in its final resting place, or to exception rather than the rule, and counsel's fees are not to be
by the fact that she was joined by the children in this case.
even transfer it to a proper place where the memory of awarded every time a party wins a suit. The power of the court
the dead may receive the respect of the living. This is a to award attorney's fees under Article 2208 of the New Civil
In this case, the wishes of the deceased with
Even assuming, ex gratia argumenti, that Atty. Adriano family right. There can be no doubt that persons having Code demands factual, legal and equitable justification, without
respect to his funeral are limited by Article
truly wished to be buried in the Valino family plot at the this right may recover the corpse from third persons.13 which the award is a conclusion without a premise, its basis
305 of the Civil Code in relation to Article 199
Manila Memorial Park, the result remains the same. Article being improperly left to speculation and conjecture. In this
of the Family Code, and subject the same to
307 of the Civil Code provides: case, we have searched but found nothing in plaintiffs-
those charged with the right and duty to All this notwithstanding, the Court finds laudable the
appellants' suit that justifies the award of attorney's fees.14
make the proper arrangements to bury the acts of Valino in taking care of Atty. Adriano during his
Art. 307. The funeral shall be in accordance with the remains of their loved-one. As aptly explained final moments and giving him a proper burial. For her
expressed wishes of the deceased. In the absence of such by the appellate court in its disquisition: sacrifices, it would indeed be unkind to assess actual or Finally, it should be said that controversies as to who should
expression, his religious beliefs or affiliation shall moral damages against her. As aptly explained by the make arrangements for the funeral of a deceased have often
determine the funeral rites. In case of doubt, the form of CA: aggravated the bereavement of the family and disturbed the
The testimony of defendant-appellee Fe Floro
the funeral shall be decided upon by the person obliged to proper solemnity which should prevail at every funeral. It is for
Valino that it was the oral wish of Atty.
make arrangements for the same, after consulting the the purpose of preventing such controversies that the Code
Adriano Adriano that he be interred at the The trial court found that there was good faith on the
other members of the family. Commission saw it best to include the provisions on
Floro family’s mausoleum at the Manila part of defendant-appellee Fe Floro Valino, who, having
"Funerals."15
Memorial Park, must bend to the provisions lived with Atty. Adriano after he was separated in fact
From its terms, it is apparent that Article 307 simply seeks of the law. Even assuming arguendo that it from his wife, lovingly and caringly took care of the
to prescribe the "form of the funeral rites" that should was the express wish of the deceased to be well-being of Atty. Adriano Adriano while he was alive WHEREFORE, the petition is DENIED.
govern in the burial of the deceased. As thoroughly interred at the Manila Memorial Park, still, and even took care of his remains when he had died.
explained earlier, the right and duty to make funeral the law grants the duty and the right to
SO ORDERED.
arrangements reside in the persons specified in Article 305 decide what to do with the remains to the
On the issue of damages, plaintiffs-appellants are not
in relation to Article 199 of the Family Code. Even if Article wife, in this case, plaintiff-appellant Rosario D.
entitled to actual damages. Defendant-appellee Fe
307 were to be interpreted to include the place of burial Adriano, as the surviving spouse, and not to
Floro Valino had all the good intentions in giving the
among those on which the wishes of the deceased shall be defendant-appellee Fe Floro Valino, who is
remains of Atty. Adriano a decent burial when the wife
followed, Dr. Arturo M. Tolentino (Dr. Tolentino), an not even in the list of those legally preferred,
and family were all in the United States and could not
eminent authority on civil law, commented that it is despite the fact that her intentions may have
attend to his burial. Actual damages are those awarded
generally recognized that any inferences as to the wishes been very commendable. The law does not
in satisfaction of, or in recompense for, loss or injury
of the deceased should be established by some form of even consider the emotional fact that
sustained. To be recoverable, they must not only be
testamentary disposition.10 As Article 307 itself provides, husband and wife had, in this case at bench,
capable of proof but must actually be proven with a
 26

(c) That a person intends the ordinary submitted for arbitration were laid before the (3) A person who has been in danger of death under other
consequences of his voluntary act; arbitrators and passed upon by them; circumstances and whose existence has not been known for
four years;

Article 43. If there is a doubt, as between two or more (d) That a person takes ordinary care of his (p) That private transactions have been fair and regular;
persons who are called to succeed each other, as to which concerns; (4) If a married person has been absent for four consecutive
of them died first, whoever alleges the death of one prior years, the spouse present may contract a subsequent marriage
(q) That the ordinary course of business has been
to the other, shall prove the same; in the absence of proof, if he or she has well-founded belief that the absent spouse is
(e) That evidence willfully suppressed would followed;
it is presumed that they died at the same time and there already death. In case of disappearance, where there is a
be adverse if produced;
shall be no transmission of rights from one to the other. danger of death the circumstances hereinabove provided, an
(33) (r) That there was a sufficient consideration for a absence of only two years shall be sufficient for the purpose of
(f) That money paid by one to another was contract; contracting a subsequent marriage. However, in any case,
due to the latter; before marrying again, the spouse present must institute a
(s) That a negotiable instrument was given or indorsed summary proceedings as provided in the Family Code and in
(g) That a thing delivered by one to another for a sufficient consideration; the rules for declaration of presumptive death of the absentee,
belonged to the latter; without prejudice to the effect of reappearance of the absent
spouse.
(t) That an endorsement of negotiable instrument was
RULE 131 (h) That an obligation delivered up to the made before the instrument was overdue and at the
debtor has been paid; place where the instrument is dated; (x) That acquiescence resulted from a belief that the thing
acquiesced in was conformable to the law or fact;
Burden of Proof and Presumptions
(i) That prior rents or installments had been (u) That a writing is truly dated;
paid when a receipt for the later one is (y) That things have happened according to the ordinary course
Section 1. Burden of proof. — Burden of proof is the duty produced; of nature and ordinary nature habits of life;
of a party to present evidence on the facts in issue (v) That a letter duly directed and mailed was received
necessary to establish his claim or defense by the amount in the regular course of the mail;
(j) That a person found in possession of a (z) That persons acting as copartners have entered into a
of evidence required by law. (1a, 2a) contract of copartneship;
thing taken in the doing of a recent wrongful
(w) That after an absence of seven years, it being
act is the taker and the doer of the whole act;
Section 2. Conclusive presumptions. — The following are otherwise, that things which a person unknown whether or not the absentee still lives, he is
instances of conclusive presumptions: considered dead for all purposes, except for those of (aa) That a man and woman deporting themselves as husband
possess, or exercises acts of ownership over, and wife have entered into a lawful contract of marriage;
succession.
are owned by him;
(a) Whenever a party has, by his own declaration, act, or (bb) That property acquired by a man and a woman who are
omission, intentionally and deliberately led to another to (k) That a person in possession of an order on The absentee shall not be considered dead for the
purpose of opening his succession till after an absence capacitated to marry each other and who live exclusively with
believe a particular thing true, and to act upon such belief, himself for the payment of the money, or the each other as husband and wife without the benefit of
he cannot, in any litigation arising out of such declaration, delivery of anything, has paid the money or of ten years. If he disappeared after the age of seventy-
five years, an absence of five years shall be sufficient in marriage or under void marriage, has been obtained by their
act or omission, be permitted to falsify it: delivered the thing accordingly; joint efforts, work or industry.
order that his succession may be opened.

(b) The tenant is not permitted to deny the title of his (l) That a person acting in a public office was
landlord at the time of commencement of the relation of regularly appointed or elected to it; The following shall be considered dead for all purposes (cc) That in cases of cohabitation by a man and a woman who
including the division of the estate among the heirs: are not capacitated to marry each other and who have acquire
landlord and tenant between them. (3a) properly through their actual joint contribution of money,
(m) That official duty has been regularly property or industry, such contributions and their
Section 3. Disputable presumptions. — The following performed; (1) A person on board a vessel lost during a sea voyage, corresponding shares including joint deposits of money and
presumptions are satisfactory if uncontradicted, but may or an aircraft with is missing, who has not been heard evidences of credit are equal.
be contradicted and overcome by other evidence: of for four years since the loss of the vessel or aircraft;
(n) That a court, or judge acting as such,
whether in the Philippines or elsewhere, was (dd) That if the marriage is terminated and the mother
(a) That a person is innocent of crime or wrong; (2) A member of the armed forces who has taken part contracted another marriage within three hundred days after
acting in the lawful exercise of jurisdiction;
in armed hostilities, and has been missing for four such termination of the former marriage, these rules shall
years; govern in the absence of proof to the contrary:
(b) That an unlawful act was done with an unlawful intent; (o) That all the matters within an issue raised
in a case were laid before the court and
passed upon by it; and in like manner that all (1) A child born before one hundred eighty days after the
matters within an issue raised in a dispute solemnization of the subsequent marriage is considered to
 27

have been conceived during such marriage, even though it 4. If both be over fifteen and under sixty, and
be born within the three hundred days after the the sex be different, the male is deemed to
termination of the former marriage. have survived, if the sex be the same, the
older;
(2) A child born after one hundred eighty days following
the celebration of the subsequent marriage is considered 5. If one be under fifteen or over sixty, and
to have been conceived during such marriage, even though the other between those ages, the latter is
it be born within the three hundred days after the deemed to have survived.
termination of the former marriage.
(kk) That if there is a doubt, as between two
(ee) That a thing once proved to exist continues as long as or more persons who are called to succeed
is usual with things of the nature; each other, as to which of them died first,
whoever alleges the death of one prior to the
other, shall prove the same; in the absence of
(ff) That the law has been obeyed;
proof, they shall be considered to have died
at the same time. (5a)
(gg) That a printed or published book, purporting to be
printed or published by public authority, was so printed or
Section 4. No presumption of legitimacy or
published;
illegitimacy. — There is no presumption of
legitimacy of a child born after three hundred
(hh) That a printed or published book, purporting contain days following the dissolution of the marriage
reports of cases adjudged in tribunals of the country where or the separation of the spouses. Whoever
the book is published, contains correct reports of such alleges the legitimacy or illegitimacy of such
cases; child must prove his allegation. (6)

(ii) That a trustee or other person whose duty it was to

(jj) That except for purposes of succession, when two

1. If both were under the age of fifteen years, the older is

2. If both were above the age sixty, the younger is deemed

3. If one is under fifteen and the other above sixty, the