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Digest Author: Dodot

Cabtbat-Lim v. Intermediate Appellate Court (1988) Petition: Certiorari [Review decision of the then IAC] Petitioner: Violeta Cabatbat Lim, Lim Biak Chiao and Calasiao Bijon Factory Respondents: Intermediate Appellate Court, Consorcia Frianeza Golea, et al. Ponente: J. Grino-Aquino Date: 18 October 1988 Facts:

Intermediate Appellate Court affirmed the decision of the Trial Court: o Motion for recon. also denied

Pertinent laws/provisions/concepts: CIVIL CODE [Supplanted by the relevant provision/s in the FC] Art. 263. The action to impugn the legitimacy of the child shall be brought within one year from the recording of the birth in the Civil Register, if the husband should be in the same place, or in a proper case, any of his heirs. Issues: 1. 2. 3. ** TRY TO SKIP THIS ISSUE ** Can the SC review the factual errors alleged by the private petitioner? [NO] Is Violeta a legitimate child of Proceso and Esperanza, and thus entitled to inherit from Esperanzas estate? [NO] Petitioners cite Art. 263, CC is it a valid recourse? [NO]

WHATS BEING CONTESTED: Estate of the late Dra. Esperanza Cabatbat o Sisters, children of her deceased brothers o Violeta Cabatbat Lim (claims to be only child of Esperanza) According to private respondents: Violeta is NOT a child of Esperanza only a ward (ampon) of Esperanza and her husband, Proceso Cabatbat o Evidence:
No record that Esperanza had EVER been admitted to the hospital where Violata was born; ALTHOUGH, she gave birth to Violeta on the day that the latter was born Absence of the birth certificate of Violeta [in: files of certificates of live births of Pangasinan Provincial Hospital, for the years 1947 and 1948 (the years when Violeta was supposedly born Certification [fr. Office of the Civil Registry Coordinatior] that his office had no birth record of Violeta, in Calasiao Pangasinan Certification [fr. Principal] that, when Violeta studied, Esperanza and Proceso were listed as her GUARDIANS only Testimony of Amparo Reside: (1) Present in Pangasinan Provincial Hospital, (2) became acquainted with a woman, Benita Lastimosa, about to deliver her baby, (3) baby girl, grew up to be known as Violeta Cabatbat

Ruling/Ratio: 1. NO. Factual finding of the trial court, based on evidence presented at the trial, is conclusive on the SC. Factual findings are the trial court and the CA are entitled to great respect (Vda. De Roxas v. IAC) Proof of birth [birth registry record, where Proceso and Esperanza are listed as parents] presented by Violeta conflicts with other, established facts That Esperanza had never been admitted to the Hospital where Violeta was born [accdg. to hospitals REGISTRY BOOK OF ADMISSION] On the day Violeta was born, only one woman was recorded as having given birth [not Esperanza] Hospitals file does not carry the birth certificate of Violeta No record of birth of Violeta in the Office of the Civil Registrar General Art. 263 applies to cases where the LEGITIMACY of a child is being impunged. In the present case, the respondents do not claim that Violeta is an illegitimate child the claim is that Violeta is NOT a child of Esperanza in the first place.

2.

NO.

According to Violeta: o Evidence


Violeta own birth record stating that she was the legitimate child of Proceso and Esperanza Testimony of Proceso: Violeta is his child w/ Esperanza Testimony of Benita Lastimosa: delivered a chils in Pangasinan Provincial Hospital, who grew up to be Violeta Marriage contract of Violeta and Lim Biak Chiao: Esperanza appeared as the mother of the bride Deeds of Sale wherein Violeta [a minor at the time] was represented and/or assisted by her mother or father (Esperanza or Proceso]

3.

NO.

Trial Court: Violeta is not a child by nature of the spouses, Esperanza and Violeta o THUS, Violeta is not a compulsory heir of Esperanza [private respondents declared legal heirs] Partitioned property, as per law, among private respondents

Opinions: No separate opinions Disposition: Petition Denied for lack of merit. Principles: Paternity and Filiation Legitimate Children