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Constantino v. Mendez
Constantino v. Mendez
mother, sought monthly support from Ivan Mendez including Amelia’s complaint on
damages. The latter and Amelita met in a restaurant in Manila where she was
working as a waitress. Ivan invited him at his hotel and through promise of
marriage succeeded in having sexual intercourse with Amelita; afterwards, he
admitted being a married man. In spite of that, they repeated their sexual contact.
Subsequently, she became pregnant and had to resign from work.
Trial court ruled in favor of Amelita providing actual and moral damages,
acknowledging Michael as Ivan’s illegitimate child and giving monthly support to the
latter which was set aside by CA.
ISSUE: WON the alleged illegitimate child is entitled for the monthly support.
RULING: No. The illegitimate child is not entitled for the monthly support since
Amelita Constantino has not proved by clear and convincing evidence her claim that
Ivan Mendez is the father of her son Michael Constantino.
Article 165. Children conceived and born outside a valid marriage are
illegitimate, unless otherwise provided in this Code.