Topic: III.

CONTRUCTION AND INTERPRETATION

6. Cases on the power to construe

Crisolo v. Macadaeg, 94 scra 862 (1954)

Facts: Marieta Villa filed a complaint for support for her daughter. She alleged that Maria Erlinda Crisolo
is the natural daughter of Pedro Crisolo and was therefore entitled for support pendente lite. The court
ordered that support be given after the judge was shown a birth certificate and a medical certificate
showing that the child had been suffering from little's disease and had been confined at a hospital for
three years.

Issue: whether or not Maria Erlinda Crisolo, as a natural but unrecognized daughter of Pedro Crisolo, is
entitled for support pendente lite.

Ruling/held:

No, Maria Erlinda Crisolo is not entitled for support pendente lite. The court stated that the complaint
merely averred that the child was a natural daughter, not a recognized natural daughter. Under the Civil
Code, a natural daughter has no right to maintenance unless she has been recognized. Though it is
earnestly urged that under said law an unrecognized child would be in worse condition than an
illegitimate child who is entitled to support, it is not the duty or the power of the courts to amend the
statute or make "judge-made innovations."

STAT CON ^^