Lazatin V Campos
Lazatin V Campos
Facts:
During her lifetime, Margarita de Asis kept a safety deposit box at the bank
which either she or respondent Nora de Leon (adopted daughter) could open.
5 days after her death, Nora opened the safety deposit box and removed its
contents: (a) shares of stock; (b) her adoption papers and those of her sister,
respondent Irma L. Veloso; and (c) jewelry belonging to her and to her
mother. Nora claims that she opened the safety deposit box in good faith,
believing that it was held jointly by her and her deceased mother.
Respondents filed a petition to probate (establish the validity) the will. After
having learned that the safety box was opened, petitioner's son, Ramon Sta.
Clara, filed a motion in the probate court, claiming that the deceased had
executed a will subsequent to that submitted for probate and demanding its
production.
Petitioner Renato to Lazatin alias Renato Sta. Clara filed a motion to intervene
in the estate of Margarita de Asis as an adopted child, on the basis of an
affidavit executed by Benjamin Lazatin (brother of the deceased Dr. Mariano
M. Lazatin), the petitioner was an "illegitimate son" of Dr. Lazatin and was
later adopted by him. This affidavit was later modified to state that petitioner
was adopted by both Mariano M. Lazatin and his wife Margarita de Asis.
Respondent court first reserved its ruling when petitioner could not present
evidence on the issue of his alleged legal adoption, respondent court
discontinued the hearing and gave the parties time to file memoranda on the
question of the admissibility of the evidence sought to be introduced by
petitioner.
Issue: Whether or not renato has established his status as an adopted child.
Held:
NO.
On the contrary, the absence of a record of adoption has been said to evolve
a presumption of its non-existence. The absence of proof of such order of
adoption by the court, as provided by the statute, cannot be substituted by
parol evidence that a child has lived with a person, not his parent, and has
been treated as a child to establish such adoption.