Macadangdang vs.

Court of Appeals [September 12, 1980]

Petition for Review from the decision of the Court of Appeals

Facts:
Elizabeth Mejias is married to Crispin Anahaw. Sometime in Marcg 1967 she
allegedly had intercourse with Antonio Macadangdang. Elizabeth alleges that due
to the affair, she and her husband separated in 1967.
October 30, 1967 (7 months or 210 days after the illicit encounter) – she
gave birth to a baby boy who was named Rolando Macadangdang in baptismal rites
held on December 24, 1967.
April 25, 1972 – Elizabeth filed a complaint for recognition and support
against Rolando.
February 27, 1973 – lower court dismissed the complaint.
Court of Appeals reversed the decision of the lower court. They ruled that
minor Rolando to be an illegitimate son of Antonio Macadangdang. A motion for
reconsideration was filed but it was denied.

Issues:
1. WON the child Rolando is conclusively presumed the legitimate child of the
spouses Elizabeth Mejias and Crispin Anahaw. YES
The separation of Elizabeth and Crispin was not proven. The finding of the
court of appeals that Elizabeth and Crispin were separated was based solely on the
testimony of the wife which is self-serving. Her testimony is insufficient
without further evidence.
Tolentino vs. De Jesus – Court held that the findings of facts by the Court
of Appeals in conclusive on the Supreme Court, unless: (complete list see p. 80)
o Judgement is based on a misapprehension of facts
o The findings of fact of the Court of Appeals are contrary to those of the
trial court
o When the findings of facts of the Court of Appeals is premised on the
absence of evidence and is contradicted by evidence on record.
Art. 225 of the CC provides that : Children born after one hundred and
eighty days following the celebration of the marriage, and before three hundred
days following its dissolution or the separation of the spouses shall be presumed
to be legitimate.