Case Digest (G.R. No. 124814)
Facts:
Camelo Cabatania v. Court of Appeals and Camelo Regodos, G.R. No. 124814, October 21, 2004, Supreme Court Third Division, Corona, J., writing for the Court. Petitioner Camelo Cabatania sought review under Rule 45 of the March 15, 1996 decision of the Court of Appeals in CA-G.R. 36708, which had affirmed the Regional Trial Court (RTC) of Cadiz City, Branch 60 in Special Procedure No. 88‑C. The RTC had ordered petitioner to acknowledge private respondent Camelo Regodos as his illegitimate son and to pay support of P500 per month; the CA affirmed that judgment.The controversy began with a petition for recognition and support filed by Florencia Regodos on behalf of her minor son, private respondent Camelo Regodos. At trial Florencia testified she was the child’s mother, that she worked for petitioner as household help, and recounted sexual relations with petitioner on January 2, 1982 (and again in March 1982). She said petitioner promised support if she became pregnant, that she later gave birth on September 9, 1982, and that she supported the child thereafter.
Petitioner testified he had sexual intercourse with Florencia on a single occasion during New Year’s time while she was already pregnant by her husband; he denied the specific incidents Florencia narrated (e.g., the Visayan Motel trip, renting a house in Singcang, or repeated intercourse) and denied paternity.
The RTC credited Florencia’s testimony and the child’s personal appearance, found paternity established, and ordered recognition and P500 monthly support. The CA (Fifth Division, penned by Associate Justice Alicia Austria‑Martinez) affirmed on March 15, 1996 i...(Subscriber-Only)
Issues:
- May the Supreme Court review and reverse the factual findings of the RTC and the Court of Appeals in this case?
- Was paternity and filiation of private respondent established by the clear and convincing evidence required to compel recognit...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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