Andal v. Macaraig

<Paternity
and Filiation> <Andal v. Macaraig> <Hinanay>

<G.R. No. L-2474> <May 30, 1951> <Bautista Angelo, J.>
KEY TAKE-AWAY OR DOCTRINE TO REMEMBER

Impossibility of access by husband to wife would include (1) absence during the initial period of conception, (2) impotence which is
patent, continuing and incurable, and (3) imprisonment, unless it can be shown that cohabitation took place through corrupt violation of
prison regulations. Manresa, 492-500, Vol. I, cited by Dr. Arturo Tolentino in his book "Commentaries and Jurisprudence on the Civil Code,
Vol. 1, p.90)."
RECIT-READY / SUMMARY

Mariano Andal, a minor, assisted by his mother Maria Dueas, as guardian ad litem, brought an action in the Court of First Instance of
Camarines Sur for the recovery of the ownership and possession of a parcel of land situated in the barrio of Talacop, Calabanga,
Camarines Sur.
FACTS
It is alleged that Mariano Andal is the surviving son of Emiliano Andal and Maria Dueas; that Emiliano Andal died on September
24, 1942; that Emiliano Andal was the owner of the parcel of land in question having acquired it from his mother Eduvigis
Macaraig by virtue of a donation propter nuptias executed by the latter in favor of the former; that Emiliano Andal had been in
possession of the land from 1938 up to 1942, when Eduvigis Macaraig, taking advantage of the abnormal situation then
prevailing, entered the land in question.
The lower court rendered judgment in favor of the plaintiffs (a) declaring Mariano Andal the legitimate son of Emiliano
Andal and such entitled to inherit the land in question; (b) declaring Mariano Andal owner of said land; and (c) ordering the
defendant to pay the costs of suit. Defendant took the case to this Court upon the plea that only question of law are involved.
It was proven that Emiliano Andal became sick of tuberculosis. Sometime thereafter, his brother, Felix, went to live in his house
to help him work his house to help him work his farm. His sickness became worse, he became so weak that he could hardly
move and get up from his bed.
On September 10, 1942, Maria Duenas, his wife, eloped with Felix, and both went to live in the house of Maria's father, until the
middle of 1943. Since May, 1942, Felix and Maria had sexual intercourse and treated each other as husband and wife.
On January 1, 1943, Emiliano died without the presence of his wife, who did not even attend his funeral.
On June 17, 1943, Maria Dueas gave birth to a boy, who was given the name of Mariano Andal.

ISSUES / RATIO ARTICLES/LAWS INVOLVED
1. Whether or not the child is considered as the
legitimate son of Emiliano. Art 108 Civil Code
Sec 68, par (c) of Rule 123, RoC

HELD

The lower court did not err in declaring Mariano Andal as the legitimate son of the spouses Emiliano Andal and Maria Dueas.

Since the boy was born on June 17, 1943, and Emiliano Andal died on January 1, 1943, that boy is presumed to be the legitimate son of
Emiliano and his wife, he having been born within three hundred (300) days following the dissolution of the marriage. This presumption
can only be rebutted by proof that it was physically impossible for the husband to have had access to his wife during the first 120 days of
the 300 next preceding the birth of the child.

There was no evidence presented that Emiliano Andal was absent during the initial period of conception, specially during the period
comprised between August 21, 1942 and September 10, 1942, which is included in the 120 days of the 300 next preceding the birth of the
child Mariano Andal. On the contrary, there is enough evidence to show that during that initial period, Emiliano Andal and his wife were
still living under the marital roof. Even if Felix, the brother, was living in the same house, and he and the wife were indulging in illicit
intercourse since May, 1942, that does not preclude cohabitation between Emiliano and his wife.

We admit that Emiliano was already suffering from tuberculosis and his condition then was so serious that he could hardly move and get
up from bed, his feet were swollen and his voice hoarse. But experience shows that this does not prevent carnal intercourse. There is
neither evidence to show that Emiliano was suffering from impotency, patent, continuous and incurable, nor was there evidence that he
was imprisoned. The presumption of legitimacy under the Civil Code in favor of the child has not, therefore, been overcome.
OPINION (CONCURRING) OPINION (DISSENTING)

<Paternity and Filiation> <Andal v. Macaraig> <Hinanay>
<G.R. No. L-2474> <May 30, 1951> <Bautista Angelo, J.>

Andal v. Macaraig

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<Paternity

and Filiation> <Andal v. Macaraig> <Hinanay>

OPINION (CONCURRING) OPINION (DISSENTING)

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