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Jison v. Court of Appeals (1998) Petition: Certiorari [Review decision of CA] Petitioner: Francisco Jison Respondents: Court of Appeals and Monina Jison Ponente: J. Davide, Jr. Date: 24 February 1998 Facts:
WHATS BEING CONTESTED: Status of Private Respondent, Monina, as the illegitimate child of Petitioner, Francisco According to Private Respondent: she is the illegitimate daughter of Francisco and his former employee (yaya of his legitimate daughter, Lourdes) Esperanza Amolar, aka Pansay o Francisco, and in one case his wife, Lilia, admitted Paternity (personally observed/witnessed) Lope Amolar (brother of Pansay, former employee of Francisco): personally told by Francisco that he was willing to support Inday Pansay and his child Adela Casabuena (yaya of Lourdes, after Pansay): overheard a quarrel between Pansay and Lilia, when the former went to ask Francisco for support Lilia angrily told Pansay, I did not tell you to make that baby so it is your fault, after being told that Francisco was the father Dominador Savariz (worked as a houseboy at Nelly Garden): while vacuuming, overheard conversation among Francisco, Pansay, and Monina (1) Pansay asked for sustenance of Franciscos child, Monina, (2) Francisco touched Moninas head and said, How are you Hija?, (3) Monina answered, Good morning Daddy. Other witnesses: testified having seen Francisco and Monina act affectionately towards one another, and addressing each other as Child/Hija-Daddy o Monina recognized as child of Francisco by Family (various witnesses, including Zafiro Ledesma, former Mayor of Iloilo City, and like Francisco, part of the Lopez Clan) Family of VP Lopez treated Monina very well, considered her a relative photographs presented showing Monina w/ VP Lopez, other Lopezes o Francisco gave financial support to Monina Directly, for example by paying for her education (up to Masters Degree, resulting in her employment at the Central Bank) Indirectly, by helping her secure various jobs
Usually, direct financial support given through Mr. Lagarto, who used to be Franciscos office manager Defense of Petitioner: o Denied (1) having had sexual relations with Pansay, (2) having paid for tuition fees, etc. (questioned lack of receipts as proof for such payments), (3) telling anybody that Monina was his daughter o Those who he said acted inappropriately (for ex. by disbursing money to Monina), he immediately fired o Presented a handful of witnesses who restated Franciscos defenses o Presented Affidavit signed by Monina, expressing that she was not a daughter of Francisco RTC: ruled in favor of Francisco. o No proof of sexual congress between Francisco and Pansay o Moninas evidence were of three categories Hearsay Incredulous Or, self-serving (Moninas own testimony) o Monina not barred by prescription or laches, but barred by estoppel by deed (by signing the affidavit) CA: reversed the decision of the RTC, ruled in favor of Monina
Pertinent laws/provisions/concepts: FAMILY CODE Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.
Art. 172. The filiation of legitimate children is established by any of the following: (1) The record of birth appearing in the civil register or a final judgment; or (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. In the absence of the foregoing evidence, the legitimate filiation shall be proved by: (1) The open and continuous possession of the status of a legitimate child; or (2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)
RULES OF COURT [Rule 130] Sec. 39. Act or declaration about pedigree. The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in evidence where it occurred before the controversy, and the relationship between the two persons is shown by evidence other than such act or declaration. The word pedigree includes relationship, family genealogy, birth, marriage, death, the dates
3.
NO.
2. 3.
4. 5.
Ruling/Ratio: 1. NO. Like rape, only witnesses are the alleged parties to the sexual act but one of the parties, Pansay, is already deceased But, fact of Moninas birth and her parentage may be established by evidence apart from mothers testimony Allegation: carnal knowledge by about the end of 1945 broad enough to cover the fourth quarter, thus, Moninas birth on August of the next could be attributed to sexual relations between Francisco and her mother Pansay was employed by Francisco, and a live-in at his house sex was NOT impossible SC: Francisco recognized Monina as his child through his overt acts and conduct consistently shown and manifested publicly throughout the years [in accordance with Art. 175, FC]: Giving financial support, ex. education, board and lodging, hospitalization expenses, monthly allowance, paying for long distance calls, funeral expenses of Pansay Giving other kinds of support, ex. helping her secure jobs Allowing Monina to stay in residential house in Bacolod, apartment in Manila, house in Forbes Park Acknowledging paternal greetings (Daddy); calling Monina Hija or child
4.
NO.
2.
YES.
5.
NO.
Opinions: No separate opinions Disposition: Petition Denied for lack of merit. Principles: Paternity and Filiation Illegitimate Children