32 de Jesus v Syquia

G.R. No. L-39110 RULING:

Nov. 28, 1933 The judgment appealed from is in all respects affirmed, without costs. So ordered.
By: Calaguas
Topic: Natural Persons
Petitioner: Antonia L. De Jesus et al.
Respondent: Cesar Syquia
Ponente: Street, J.

DOCTRINE:
A child upon being conceived, becomes a bearer of legal rights and is capable of being dealt with as a
living person.

FACTS:
Defendant was a 23-year old unmarried scion of a prominent family in Manila. His brother-in-law owned
a barber shop in Tondo where he would customarily get his hair cut. Plaintiff (then Antonia Loanco) was
a 20-year old taken on as cashier in the same barber shop. Defendant and Plaintiff had an amorous
relationship which resulted in the birth of a baby boy (Ismael Loanco). Defendant was a constant visitor
at the Plaintiff’s home during the early months of her pregnancy. He even wrote a letter directed to the
priest expected to christen the baby which read: “The baby due in June is mine and I should like for my
name to be given to it.” Defendant gave this letter to Plaintiff on the eve of his departure for his China
and Japan trips. While abroad, Defendant continued to write to Petitioner letters which showed paternal
interest in the baby boy.

When the baby boy arrived, all arrangements and expenses were made and defrayed by Defendant. He
housed the Plaintiff and the baby boy where they all lived together as a family for about a year. However,
when Plaintiff began to show signs of second pregnancy, Defendant decamped and eventually married
another woman.

During the time when the baby boy was to be christened, Defendant caused the baby boy’s name to be
Ismael Loanco instead of Cesar Syquia, Jr., as was originally planned.

Plaintiff instituted an action in the CFI of Manila to compel Defendant to recognize the baby boy (Ismael)
and a baby girl (Pacita) as his natural children with her, and to pay for the maintenance of the three
(plaintiff and the 2 infants), together with costs.

CFI entered a decree requiring Defendant to recognize Ismael as his natural child and to pay
maintenance for him at the rate of P50/month, with costs. However, the CFI dismissed the action in
other respects.

Both parties appealed from this decision; Plaintiff sought for the grant of the other reliefs prayed for and
Defendant sought for the reversal of the decision requiring him to recognize Ismael and to pay for his
maintenance.

ISSUE:
Whether an unborn child may acquire legal rights? (Yes)

HELD:
Yes, a child acquires legal rights upon his/her conception.

A child upon being conceived, becomes a bearer of legal rights and is capable of being dealt with as a
living person. The fact that it is yet unborn is no impediment to the acquisition of rights. In this case, the
problem of the recognition of a then unborn child should not be different from an ordinary case of
recognition of a child already born and bearing a specific name, except only with regard the means and
resources of identification.