De Jesus v. Syquia (Case Digest)

De Jesus v. Syquia
G.R. No. L-39110
November 28, 1933

ANTONIA L. DE JESUS, ET AL., plaintiff-appellant,
vs.
CESAR SYQUIA, defendant-appellant.

Facts:
Antonia Loanco was hired as cashier in the barbershop of Vicente Mendoza, Cesar Syquia’s brother-in-law. Cesar then courted Antonia, and the latter became pregnant with a baby boy who was born on June 17, 1931. During Antonia’s pregnancy, Cesar was always visiting her. On February 1931, he wrote a letter to the priest who was to christen the baby boy, saying

Rev. Father,

The baby due in June is mine and I should like for my name to be given to it.

He wrote this on the eve of his departure on a trip to China and Japan. While he was abroad, Cesar wrote several letters to Antonia Loanco, showing paternal interest in the situation and cautioning her to keep in good condition in order that junior might be strong. The baby boy, however, was not named Cesar Syquia, Jr., but Ismael Loanco. After giving birth, Cesar took Antonia to a house in Manila, and they lived together for about a year in regular family style. Cesar paid for all the household expenses during their living together. Then Antonia became pregnant for the second time. However, Cesar got married to another woman.

The purpose of the petition filed by Antonia and her mother is to recover from Cesar Php30,000 as damages for the breach of promise to marry, to compel Syquia to recognize Ismael and Pacita (Antonia’s second child) as natural children, and to make him pay for the maintenance of the children worth Php500 per month.

Issues:
1. Is the note to the priest a proof of acknowledgment of paternity within the meaning of Article 135 (1) of the (Old) Civil Code?

2. Does the acknowledgment referred to in Article 135 of the Old Civil Code need to be made in a single document?

3. Can Antonia be granted payment for damages because of breach of promise to marry?

Ruling:
1. Yes. Article 135 (1) states

ART. 135. The father may be compelled to acknowledge his natural child in the following cases:

1. When an indisputable paper written by him, expressly acknowledging his paternity, is in existence

A child, upon being conceived, becomes a bearer of legal rights and capable of being dealt with as a living person. The problem of the recognition of the child even before he was born is no different from that when he is already born. The words used by Syquia in his letter are not capable of two constructions, and the identity of the baby was clear.

2. No. There is no requirement in the law that the writing shall be addressed to one or any particular individual. The only requirement is that the writing should be indubitable. Thus, the many letters Cesar Syquia wrote may be made proof to his acknowledgment of Ismael Loanco.

3. No. Such promise to marry was not satisfactorily proved and the action for breach of promise to marry has no standing in civil law apart from the right to recover money or property advanced by plaintiff upon the faith of such promise.