Andal v Macaraig Case Digest. GR No. 2474, May 30, 1951.
BAUTISTA ANGELO, J.:
- Mariano Andal, herein petitioner, a minor, filed a complaint for the recovery of the ownership and possession of a parcel of land owned by Emiliano Andal and Maria Duenas.
- Eduvigis Macaraig, herein defendant, donated the land by virtue of donation propter nuptias in favor of Emiliano.
- The latter has an illness of tuberculosis and was living with his wife Maria and his brother Felix. On Sept. 10, 1942, Emiliano’s disease worsen and he become bedridden.
- Sometime in September 1942, the wife eloped with Felix. Accordingly, Felix and Maria had a sexual relationship since May 1942 and treating each other as husband and wife.
- Emiliano died in January 1, 1943. On June 17, 1943, Maria gave birth to a boy who was, herein petitioner.
- Whether or not Mariano Andal is the legitimate child of the deceased?
- Yes, Mariano Andal is the legitimate child of the deceased.
- Children born after the one hundred and eighty (180) days next following that of the celebration of marriage or within the three hundred (300) days next following its dissolution or the separation of the spouses shall be presumed to be legitimate.
Provision – Article 166 (1) Family Code of the Philippines
“This presumption may be rebutted only by proof that it was physically impossible for the husband to have had access to his wife during the first one hundred and twenty days of the three hundred next preceding the birth of the child.”
- The boy was born on June 17, 1943, and;
- Emiliano Andal died on January 1, 1943,
- The boy is presumed to be the legitimate son of Emiliano and his wife, he having been born within three hundred (300) days following the dissolution of the marriage.
- There is no evidence presented that Emiliano Andal was absent during the period which is included in the 120 days of the 300 days preceding the birth of the child nor there is evidence to show that Emiliano was suffering from impotency.
- The presumption under the Civil Code in favor of the child was not therefore been overcome.
Hence, Mariano Andal is the legitimate child of the deceased.