Title Perla v Baring

Promulgation Nov 12 2012

Petitioner Antonio Perla
Respondent Mirasol baring, Randy Perla
Ponente Del Castillo
Facts
- Mirasol and Randy (her son) led !or s"##ort against Antonio
- Mirasol and Antonio lived together ($o%%on-la& s#o"ses) !or 2 years, then Randy
&as born (Nov 11 1'())*
- +hen Antonio got a ,ob as a sea%an, he abandoned his d"ties
- Antonio, no& %arried, denies that he !athered Randy
- Mirasol testied that Antonio, her neighbor be$a%e here rst boy!riend d"ring the
ti%e she lived at -ag"ig* .o&ever Antonio said that d"ring the allged ti%e he
$o"rted Mirasol, he &as st"dying in /loilo Mariti%e A$ade%y, as sho&n by his
di#lo%a*
- -he birth $erti$ate and ba#tis%al $erti$ate indi$ated that Antonio and Mirasol
&ere the #arents o! Randy* .o&ever the in!or%ation in these do$"%ents &ere
s"##lied by Antonio to 0rlinda 1the hilot1 &ho assisted Mirasol*
- 2"rther%ore he said that his %iddle initial &as 101 and not 1A1 as a##earing in the
birth $erti$ate*
- Randy also testied that he 3ne& Antonio to be his !ather and that he also $alled
hi% 1#a#a1 and Antonio #ro%ised to s"##ort hi%*
-R/A4 C56R- R64/N78 5rdered Antonio to s"##ort a!ter he ad%itted that he had se9
&ith Mirasol (:3;%onth)
C56R- 52 APP0A4<8 -he $erti$ates, even i! it does not bear the signat"re o!
Antonio are #roo! that he is 3no&n to be the !ather*
Issues
+;N the lo&er $o"rts $orre$tly ordered Antonio to <"##ort Randy (N5)
Held/Ratio
-he #etition is &ith %erit*
- 2or Randy to be entitled to s"##ort, his liation %"st be established &ith s"=$ient
$ertainty*
- -here %"st be a high standard o! #roo! to establish #aternity and liation*
- -he res#ondents !ailed to establish illegiti%ate liation to Antonio*
- Arti$le 1>2 and 1>: o! the 2C #rovides the s"=$ient #roo! that are ne$essary*
- -he $erti$ate o! live birth o! Randy /denti!ying Antonio as the 2ather has no
#robative val"e sin$e he had not signed the sa%e* /t is not $o%#etent eviden$e*
2"rther%ore, the dis$re#an$ies in the birth $erti$ate are #roo! that Antonio did not
#arti$i#ate in its #re#aration*
- -he 1 &ee3 stay o! Antonio d"ring their en$o"nter in 1''? $annot be said as o#en
and $ontin"o"s #ossession o! the stat"s o! an illegiti%ate $hild* -here %"st be
eviden$e o! the %ani!estation o! the #er%anent intention to $onsider the $hild as
his* -he !ather@s $ond"$t to&ard his son %"st be s#ontaneo"s and "ninterr"#ted
!or this gro"nd to e9ist*
-A ba#tis%al $erti$ates are #er se inad%issible eviden$e as #roo! o! liation and
they $annot be ad%itted indire$tly as $ir$"%stantial eviden$e to #rove the sa%e*
- Antonio@s ad%ission that he had se9 &ith Mirasol is not eno"gh eviden$e to #rove
liation* Mirasol has the b"rden o! #roo! to #rove that Antonio really is the !ather (in
her testi%ony, she $annot re$all &hat %onth she %et Antonio)*
P0-/-/5N 7RAN-0D* N5 <6PP5R-*