Persons Digests A
Persons Digests A
FACTS:
1. Pablo Aguas, SSS member and pensioner,
died 12/8/96. Pablos surviving spouse,
respondent Rosanna filed a claim with SSS
for death benefits. She indicated in her claim
that Pablo was likewise survived by his
minor child, Jeylnn aka Jenelyn, born
10/29/91
2. 4/97, SSS received a sworn letter from
Pablos sister Letecia contesting Rosannas
claim for death benefits, alleged that
Rosanna abandoned the family abode more
than 6 years before the and lived w/ another
man, de la Pena; Pablo had no legal children
w/ Rosanna. Letecia enclosed birth cert of
Jefren born 11/15/96 to Rosanna and de la
Pena and that the 2 were married 11/1/90
3. Rosanna contends that Jeylnn was a
legitimate child of Pablo as evidenced by her
birth cert bearing Pablos signature as father
4. Janet, who also claimed to be the child of
deceased and Rosanna, joined as claimant. It
appears in her birth cert that her father was
Pablo and her mother was Rosanna.
5. SSS summoned several persons; some stated
that spouses real child was Jeylnn, Janet
was only an adopted child but there were no
legal papers.
6. SSS ruled that Rosanna was no longer
qualified as claimant. As for Jeylnn and
Janet, they were not Pablos legitimate
children.
ISSUE: WON Jeylynn ad Janet are legitimate
children of deceased (thus entitled to death benefits)
HELD:
- YES (Jeylnn); NO (Janet)
- Jeylnns claim is justified by her birth cert
w/c bears Pablos signature (showing she
was born 10/29/91; Rosanna and Pablo were
married 12/4/77 and marriage subsisted until
latters death on 12/8/96). Under A164, FC,
children conceived or born during the
marriage of parents are legitimate.
ISABEL
The paramount consideration in the
appointment of an administrator over the
estate of a decedent is the prospective
administrators interest in the estate. Interest
must be greater than any other candidate,
administrator must act to the benefit of the
estate.
The next of kin has been defined as those
persons who are entitled under the statute of
distribution to the decedents property. It is
generally said that the nearest of kin, whose
interest in the estate is more preponderant, is
preferred in the choice of
administrator.Among members of a class
the strongest ground for preference is the
amount or preponderance of interest. As
between next of kin, the nearest of kin is to
be preferred.
Silverio Sr. vs CA: the order of preference in
the appointment of an administrator depends
on the attendant facts and circumstances.
It does not follow that just because his first wife has
dies, a man is already conclusively married to the
woman who bore his children. A marriage certificate
or other generally accepted proof is necessary to
establish the marriage as an undisputable fact.
RESULT: PETITION DENIED. CA DECISION
AFFIRMED
ISSUES:
Rivera vs Ramirez
FACTS:
1.
2.
3.
4.
5.
2.
3.
2.
3.
Naldoza v. Republic
Facts:
1. Zosima Naldoza married Dionesio
Divinagracia on 5/30/70. They had 2
children: Jr. and Bombi Roberto. Dionesio
abandoned conjugal home after Zosima
confronted him about his previous marriage.
Also, he allegedly swindled 50k from Rep.
Maglana and 10k from a certain Galagar,
etc.
Ong vs CA
FACTS:
Held/Ratio:
10
11
12
a.
Affidavit of Acknowledgment
b.
AUTOBIOGRAPHY of
5.
Facts:
1.
2.
3.
13
MANUNGAS V LORETO
GOTARDO V BULING
F:
F:
1. Engracia Manungas was the wife of Florentino
Manungas. They had no children and
adopted Samuel Avila.
2. Florentino died in 1977. Avila predeceased his
mother.
3. Upon the death of Florentino, Engracia
motioned to partition the Estate, submitting
that the heirs are herself, Avila and Ramon
Manungas, the natural child of Florentino.
4. Avila's widow executed a waiver of rights.
5. October 1995- Engracia sued Diosdado
Manungas and Milagros Pacifico for illegal
detainer. They claimed that Diosdado is the
illegitimate son of Florentino. MTC
dismissed the case. RTC also dismissed the
same.
6. Diosdado instituted a petition for the issuance
of letters of administration over the Estate of
Engracia Manungas in his favor, alleging
that as he is the illegitimate child of
Manungas. Loreto opposed. Case was
dismissed.
14
Andal vs Macaraig
FACTS:
1.
Reyes v. Mauricio
F:
2.
3.
4.
5.
6.
wife during the first 120 days of the 300 days next
15
Concepcion vs. CA
Facts:
1. Ma. Theresa Almonte married Gerardo
Concepcion, they had a child named Jose
Gerardo.
2. Gerardo filed for annulment on the ground
that Ma. was still married to Mario Gopiao.
3. RTC ruled that Theresas marriage with
Mario Gopiao is still valid and subsisting
thus the marriage with Gerardo is bigamous
16
4.
5.
6.
The law and only the law determine, who are the
legitimate or illegitimate children, for ones
legitimacy or illegitimacy cannot ever be
compromised. Not even the birth certificate of the
minor can change his status for the information
contained therein is merely supplied by the mother
and/or the supposed father. It should be what the law
says and not what a parent says it is.
AGUSTIN V CA
Facts:
Respondents Fe Angela and her son Martin
Prollamante sued Martins alleged biological father,
petitioner Arnel Agustin, for support and
support pendente lite before the Quezon City RTC.
17
action.
stated, his argument that his right against selfincrimination is in jeopardy holds no water.
Issue:
W/N the respondent court erred in denying the
petitioners MTD
scientific grounds
Facts:
Held:
is 99.99% accurate
Issue:
18
testing DNA.
in a paternity suit
Held:
1.
19
***
resorted to
20
HELD:
FACTS:
reconsideration.
21
filing
FACTS:
Guan.
intestacy proceedings.
Chua Keng Giap was really her son? More than any
Guan.
has said these many years that Chua Keng Giap was
executory.
People vs Quitoriano:
FACTS:
1.
2.
22
3.
4.
appellant.
She gave birth on Oct. 31, 1993.
CONTENTIONS:
Accused: private complainant gave birth
more than 10 months after the alleged rape;
therefore, the child could not have been the
accuseds
Gaspay v. CA
238 SCRA 163
Facts:
Flaviano Gaspay died intestate on 10/14/83, then
married to Agueda Denoso (childless). On 7/6/88 priv
resp Guadalupe Gaspay Alfaro alleged @ TC that
shes acknowledged IC of Flaviano with Claudia
Pason, prayed for issuance of letters of admin of
Flavianos estate.
23
DISMISSED.
FACTS
October 1983 in Tacloban City. He was then married
OTHER ISSUES
of Flaviano, Sr
24
FACTS:
Facts:
legally or in fact.
deceased.
HELD:
25
such as legitimation
of alien parentage
O a sincere desire to adopt a Filipino name to erase
prejudicing anybody
mandated
26