Professional Documents
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Verceles vs. Posada
Verceles vs. Posada
SUPREMECOURTREPORTSANNOTATED
Verceles vs. Posada
*
G.R.No.159785.April27,2007.
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SUPREMECOURTREPORTSANNOTATED
Verceles vs. Posada
seminarontownplanning.TheystayedattheMayonHotel.
OnNovember11,1986,ataround11:00a.m.,petitioner
fetched Clarissa from My Brothers Place where the
seminarwasbeingheld.Clarissaaversthathetoldherthat
they would have lunch at Mayon Hotel with their
companions who had gone ahead. When they reached the
place her companions were nowhere. After petitioner
orderedfood,hestartedmakingamorousadvancesonher.
Shepanicked,ranandclosetedherselfinsideacomfortroom
where she stayed until someone knocked. She said she
hurriedlyexitedandleftthehotel.Afraidofthemayor,she
kepttheincidenttoherself.Shewentonascasualemployee.
One of her tasks was followingup barangay road and
maintenanceprojects.
OnDecember22,1986,onordersofpetitioner,shewent
to Virac, Catanduanes, to follow up funds for barangay
projects. At around 11:00 a.m. the same day, she went to
CatanduanesHoteloninstructionsofpetitionerwhoasked
tobebriefedontheprogressofhermission.Theymetatthe
lobbyandheledherupstairsbecausehesaidhewantedthe
briefingdoneattherestaurantattheupperfloor.
Instead, however, petitioner opened a hotel room door,
ledherin,andsuddenlyembracedher,ashetoldherthat
he was unhappy with his wife and would divorce her
anytime. He also claimed he could appoint her as a
municipal development coordinator. She succumbed to his
advances.Butagainshekepttheincidenttoherself.
Sometime in January 1987, when she missed her
menstruation,shesaidshewrotepetitionerthatshefeared
shewaspregnant.InanotherletterinFebruary1987,she
told him she was pregnant. In a handwritten letter dated
February4,1987,hereplied:
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ClarissaexplainedpetitionerusedanaliasNinoyandad
dressedherasChris,probablybecauseoftheirtwentyfive
(25)year age gap. In court, she identified petitioners
penmanship which she claims she was familiar with as an
employeeinhisoffice.
5
Clarissapresentedthreeotherhandwrittenletters sent
toherbypetitioner,twoofwhichwereinhisletterheadas6
mayor of Pandan. She also presented the pictures
petitionergaveherofhisyouthandasapublicservant,all
bearinghishandwrittennotationsattheback.
ClarissaaversthatonMarch3,1987,petitioner,awareof
her pregnancy, handed her a letter and P2,000 pocket
moneytogotoManilaandtotellherparentsthatshewould
enroll in a CPA review course or look for a job. In June
1987, petitioner went to see her in Manila and gave her
anotherP2,000forherdelivery.Whenherparentslearned
ofherpregnancy,sometimeinJuly,herfatherfetchedher7
andbroughtherbacktoPandan.OnSeptember23,1987,
shegavebirthtoababygirl,VernaAizaPosada.
Clarissas mother, Francisca, corroborated Clarissas
story. She said they learned of their daughters pregnancy
through
_______________
4ExhibitA,Records,p.75.
5ExhibitsB,C,andD,Records,pp.7678.
6ExhibitsEtoR,Records,pp.7992.
7ExhibitU,Records,p.95.
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SUPREMECOURTREPORTSANNOTATED
Verceles vs. Posada
SOORDERED.
PosadafromherbirthonSeptember23,1987.
2. To pay [respondent] Maria Clarissa Posada the sum of
P15,000.00 as moral damages and [P]15,000.00 as
exemplary damages.
_______________
8Records,pp.17.
9CARollo,p.31.
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SOORDERED.
Hence,thispetition.
Petitioner now presents the following issues for
resolution:
I.
WAS THERE ANY EVIDENCE ON RECORD TO PROVE THAT
APPELLANTVERCELESWASTHEFATHEROFTHECHILD?
II.
WOULDTHISACTIONFORDAMAGESPROSPER?
III.
WOULDTHERTCCOURTHAVEACQUIREDJURISDICTION
OVER THIS ISSUE OF APPELLANTS PATERNITY OF THE
CHILD,WHICHISMADECOLLATERALTOTHISACTIONFOR
11
DAMAGES?
Insum,thepertinentissuesinthiscaseare:(1)whetheror
notpaternityandfiliationcanberesolvedinanactionfor
damageswithsupportpendente lite;(2)whetherornotthe
filiation of Verna Aiza Posada as the illegitimate child of
petitioner was proven; and (3) whether or not respondents
areentitledtodamages.
In his Memorandum, petitioner asserts that the fact of
paternity and filiation of Verna Aiza Posada has not been
duly established or proved in the proceedings; that the
award for damages and attorneys fees has no basis; and
thattheissueoffiliationshouldberesolvedinadirectand
notacollateralaction.
_______________
10Rollo,pp.3738.
11Id.,atp.179.
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Verceles vs. Posada
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formandgointothesubstancethereof. Indeterminingthe
natureofanaction,itisnotthecaption,buttheaverments
in the petition20and the character of the relief sought, that
arecontrolling.
A perusal of the Complaint before the RTC shows that
althoughitscaptionstatesDamagescoupledwithSupport
Pendente Lite, Clarissas averments therein, her meeting
withpetitioner,hisofferofajob,hisamorousadvances,her
seduction,theirtrysts,herpregnancy,birthofherchild,his
letters, her demand for support for her child, all clearly
establish a case for recognition of paternity. We have held
thattheduerecognitionofanillegitimatechildinarecord
ofbirth,awill,a statement before a court of record,orinany
authentic writing is, in itself, a consummated act of
acknowledgementofthechild,andnofurthercourtactionis
required.Infact,anyauthenticwritingistreatednotjusta
groundforcompulsoryrecognition;itisinitselfavoluntary
recognition that21does not require a separate action for
judicialapproval.
The letters of petitioner marked as Exhibits A to D
are declarations that lead nowhere but to the conclusion
thathesiredVernaAiza.Althoughpetitionerusedanalias
in these letters, the similarity of the penmanship in these
lettersvis the annotation at the back of petitioners fading
photograph as a youth is unmistakable. Even an
inexperiencedeyewillcometotheconclusionthattheywere
allwrittenbyoneandthesameperson,petitioner,asfound
bythecourtsa quo.
_______________
19IO.Herrera,REMEDIAL
20 Flores
LAW495(2000Edition).
17,2000,389SCRA127,132.
21Eceta
v. Eceta,G.R.No.157037,May20,2004,428SCRA782, 786,
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Verceles vs. Posada
WealsonotethatinhisMemorandum,petitioneradmitted
hisaffairwithClarissa,theexchangeoflovelettersbetween
22
them,andhisgivinghermoneyduringherpregnancy.
Articles172and175oftheFamilyCodearetherulesfor
establishingfiliation.Theyareasfollows:
Art. 172.Thefiliationoflegitimatechildrenisestablishedbyanyof
thefollowing:
(1) Therecordofbirthappearinginthecivilregisterorafinal
judgment;or
(2) Anadmissionoflegitimatefiliationinapublicdocumentor
aprivatehandwritteninstrumentandsignedbytheparent
concerned.
Intheabsenceoftheforegoingevidence,thelegitimatefiliation
shallbeprovedby:
(1) The open and continuous possession of the status of a
legitimatechild;or
(2) AnyothermeansallowedbytheRulesofCourtandspecial
laws.
Art. 175. Illegitimate children may establish their illegitimate
filiation in the same way and on the same evidence as legitimate
children.
The action must be brought within the same period specified in
Article 173, except when the action is based on the second
paragraphofArticle172,inwhichcasetheactionmaybebrought
duringthelifetimeoftheallegedparent.
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SCRA38,4344.
24 Art. 2219. Moral damages may be recovered in the following and
analogouscases:
(1) Acriminaloffenseresultinginphysicalinjuries;
(2) Quasidelictscausingphysicalinjuries;
(3) Seduction,abduction,rape,orotherlasciviousacts;
(4) Adulteryorconcubinage;
(5) Illegalorarbitrarydetentionorarrest;
(6) Illegalsearch;
(7) Libel,slanderoranyotherformofdefamation;
(8) Maliciousprosecution;
(9) ActsmentionedinArticle309;
(10) ActsandactionsreferredtoinArticles21,26,27,28,29,30,32,
34,and35.
The parents of the female seduced, abducted, raped, or abused,
referredtoinNo.3ofthisarticle,mayalsorecovermoraldamages.
The spouse, descendants, ascendants, and brother and sisters may
bringtheactionmentionedinNo.9ofthisarticle,intheordernamed.
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SUPREMECOURTREPORTSANNOTATED
Verceles vs. Posada
and
resolution
affirmed
with
(11) In any other case where the court deems it just and equitable that
attorneysfeesandexpensesoflitigationshouldberecovered.
In all cases, the attorneys fees and expenses of litigation must be
reasonable.
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