Liyao Vs Liyao

in continuous possession and enjoyment of the status
WILLIAM LIYAO, JR., represented by his mother of a recognized and/or acknowledged child of William
Corazon Garcia, petitioner, vs. JUANITA TANHOTI- by the latter’s direct and overt acts. William
LIYAO, PEARL MARGARET L. TAN, TITA ROSE L. TAN supported Billy and paid for his food, clothing and
AND LINDA CHRISTINA LIYAO, respondents. other material needs. However, after his death, it was
G.R. No. 138961 | 2002-03-07 Corazon who provided sole support to Billy and took
care of his tuition fees at La Salle Greenhills.
FACTS: Petitioner, represented by his mother
Corazon, filed an action for compulsory recognition as Respondent’s Contention/ Version
the illegitimate (spurious) son of the late William
Liyao against herein respondents, the legitimate wife Basically, they denied the allegations and said that
and children of the deceased. their parents were never separated.
Corazon is legally married but living separately from ISSUE: WON petitioner impugn his own legitimacy to
her husband allegedly for more than ten years at the be able to claim from the estate of his supposed
time of the institution of this civil case. She cohabited father, William Liyao.
with the late William until his death. Petitioner
alleged that he “was in continuous possession and RULING
enjoyment of the status of the child of said William
Liyao,” having been “recognized and acknowledged NO.
as such child by the decedent during his lifetime and
presented witnesses and evidence to prove his Under the New Civil Code, a child born and conceived
allegations. On the other hand, respondents painted during a valid marriage is presumed to be legitimate.
a different picture of the story. The presumption of legitimacy of children does not
only flow out from a declaration contained in the
RTC rendered judgment in favour of petitioner. statute but is based on the broad principles of natural
justice and the supposed virtue of the mother. The
CA reversed the ruling of RTC, favoured the presumption is grounded in a policy to protect
presumption of legitimacy of the child and gave innocent offspring from the odium of illegitimacy.
weight to the testimonies of the witnesses of the This presumption is, however, not conclusive. Article
respondents that Corazon and her husband were 255 of the NCC provides:
seen together during the period she cohabited with
the deceased. “Article 255. Children born after one
hundred and eighty days following the
Petitioner’s Contention/ Version (William Liyao, Jr.) celebration of the marriage, and before
three hundred days following its
On June 9, 1975, Corazon gave birth to William Liyao, dissolution or the separation of the
Jr. at the Cardinal Santos Memorial Hospital. During spouses shall be presumed to be
her three (3) day stay at the hospital, William Liyao legitimate.
visited and stayed with her and the new born baby,
William, Jr. (Billy). All the medical and hospital Against this presumption no evidence
expenses, food and clothing were paid under the shall be admitted other than that of the
account of William Liyao. He even opened a bank physical impossibility of the husband
account in his favor, and introduced him in his office having access to his wife within the first
as his good looking son. one hundred and twenty days of the
three hundred which preceded the birth
Several pictures were presented showing that William of the child.
and his alleged son were together in different
occasions. During the occasion of William’s last This physical impossibility may be
birthday, he expressly acknowledged Billy as his son caused:
in the presence of Fr. Ruiz, Maurita Pasion and other
friends and said, “Hey, look I am still young, I can still 1) By the impotence of the
make a good looking son." Since birth, Billy had been husband;
2) By the fact that husband and
wife were living separately in
such a way that access was not
possible;
3) By the serious illness of the
husband.”
Petitioner contends that Corazon had been living

separately for 10 years from her husband at the time
that she cohabited with the late William Liyao and it
was physically impossible for her to have sexual
relations with Ramon Yulo when petitioner was
conceived and born (i.e presented a document
entitled, Contract of Separation)
However, SC ruled that the fact that Corazon Garcia

had been living separately from her husband at the
time petitioner was conceived and born is of no
moment. While physical impossibility for the husband
to have sexual intercourse with his wife is one of the
grounds for impugning the legitimacy of the child, it
bears emphasis that the grounds for impugning the
legitimacy of the child mentioned in Article 255 of the
Civil Code may only be invoked by the husband, or in
proper cases, his heirs under the conditions set forth
under Article 262 of the Civil Code.
It is therefore clear that the present petition initiated

by Corazon G. Garcia as guardian ad litem of herein
petitioner, to compel recognition by respondents of
petitioner as the illegitimate son of the late William
Liyao cannot prosper. It is settled that a child born
within a valid marriage is presumed legitimate even
though the mother may have declared against its
legitimacy or may have been sentenced as an
adulteress. Even the acts of Enrique and Bernadette
Yulo, the undisputed children of Corazon Garcia with
Ramon Yulo, in testifying for petitioner does not
amount to impugnation of the legitimacy of the latter.

Liyao Vs Liyao

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Liyao Vs Liyao

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in continuous possession and enjoyment of the status

Petitioner contends that Corazon had been living

However, SC ruled that the fact that Corazon Garcia

It is therefore clear that the present petition initiated

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