Unwholesome situation

A high standard of proof is necessary to establish the paternity and filiation of a child. This is the rule applied in this case of Laura.

Laura was a 24 years old overseas Filipino worker (OFW) who used to work in Italy. During her stint as an OFW, she had a boyfriend and bore a child with him. When her employment in Italy ended, she returned to the Philippines, still quite attractive but a single mother and jobless. She used to hang around the house of Flora, a real estate agent and her kumadre, in the Barangay of their town.

It was while in Flora’s house when she met Mang Cardo, a 56-year-old businessman in their province who owns a rice mill, a construction business and a family subdivision. Apparently Mang Cardo fell for Laura’s charm and beauty and returned to Flora’s house again for a tryst with her. In their subsequent meeting, Cardo told Laura that he is already a widower and he has no more companions in life because his children are all grown-up, even if in fact his wife was still alive and staying with one of her children in a city up north.

Thereafter, Cardo and Laura met almost every week and became more intimate. In fact Laura already told Mang Cardo about her past escapades and that she was already a single mother. But Mang Cardo was not deterred in visiting Laura until such visits ended up in a motel. Mang Cardo then promised Laura that he would take care of her and eventually marry her. And during his weekly visits he even gave money for Laura’s child with another man.

Eventually, Laura got pregnant. Mang Cardo was quite shocked when he learned about this because he believed he was already impotent. He then revealed to Laura that he was not really a widower as his wife was still alive. But he still promised to shoulder the expenses for the delivery of Laura’s child. In fact on the fourth month of her pregnancy, Mang Cardo even rented an apartment where Laura stayed with a housemaid shouldering all their expenses.

When Laura finally gave birth Mang Cardo was also present at the hospital. Before delivery he even comforted and caressed Laura in her hospital room telling her that he had done these also to his wife. After delivery, Laura filled out the form for the child’s birth certificate and wrote all information supplied by Mang Cardo. It was also Mang Cardo who paid for the hospital bills and drove mother and child home. In the apartment they even had pictures taken witnessed by the apartment owner and visitors

On the 18th day after the baby’s birth, Mang Cardo felt ill and was hospitalized for a medical check-up. He then confessed to his daughter and eventually to his wife about Laura and the help he was giving her and the child. Cardo’s family then asked Laura to give custody of the child to them and they would take care of the baby and just give Laura some money so she can go abroad again. But Laura refused. Thereafter, the ailing Mang Cardo stopped seeing her and giving her money.

Despondent and depressed, Laura even tried to commit suicide with drug overdose. Eventually she was forced to file a complaint against Mang Cardo for support and damages after nothing happened at the police station where the investigation into the suicide was conducted and where meeting was set between Laura and Cardo. In fact only Cardo’s wife showed up and uttered bad and unsavory words against Laura.

In his answer Cardo denied paternity of the baby boy. He claimed that he was not the father as Laura was a woman of loose morals dating and having affairs with other men. In fact Laura already had a child with another man before he met her. He said he was only motivated by altruism when he shouldered expenses for the delivery and care of the boy because of Laura’s plea for charity

During the trial, only Laura and the apartment owner appeared and testified reiterating the above story. Also presented were the birth and baptismal certificates where Mang Cardo’s name was listed as the father although he did not sign them. Likewise submitted as evidence were pictures taken of Laura and Cardo with the child inside the apartment, their handwritten notes containing exchange of affectionate words and romantic trysts although not signed by Cardo nor does it contain admission of paternity of the boy.

The RTC granted Laura’s petition ordering Cardo to support the child at the rate of P2000 a month through her mother, and to pay P20,000 as expenses of litigation. On appeal to the Court of Appeals, said decision was affirmed. On further appeal to the Supreme Court, (SC) Cardo already died pending decision of the case.

Eventually, however the SC reversed the rulings of the RTC and the CA and ruled in favor of Cardo’s heirs. According to the SC, the totality of the evidence presented by Laura both testimonial and documentary failed to establish the child’s filiation to Cardo. The birth and baptismal certificates are not competent evidence of the veracities of the entries therein especially because Cardo had no hand in their preparation and had not signed them. The same is true with the pictures which had scant evidentiary value; so with the handwritten notes which were not signed by him nor do they contain his admission of being the father. The hospital bills also have no probative value notwithstanding Cardo’s admission that he shoulder the expenses of the child’ delivery as an act of charity.

An order for recognition and support may create an unwholesome situation or may be an irritant to the family or the lives of parties. So it must be issued only if paternity and filiation is established by clear and convincing evidence (Salas vs. Matusalem, G.R. 180284, September 11, 2013).

At present, this case would have been more definitely resolved with the recognition of DNA evidence to prove filiation.

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