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Dela Puerta v. CA Digest
Dela Puerta v. CA Digest
CRUZ, J.:
When Isabel filed the petition for the probate of the will,
it was opposed by her brothers, who averred that their
mother was already senile at the time of the execution of the
will and did not fully comprehend its meaning. Moreover,
some of the properties listed in the inventory of her estate
belonged to them exclusively. 2
Art. 283. In any of the following cases, the father is obliged to recognize
the child as his natural child:
(3) When the child was conceived during the time when the mother
cohabited with the supposed father;
(4) When the child has in his favor any evidence or proof that the
defendant is his father. (n)
(2) When the birth and the identity of the child are clearly proved. (136a)
The reason for this rule was explained in the recent case
of Diaz v. Intermediate Appellate Court, 21 thus: