Case Digest (G.R. No. 145527) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Augustus Caesar R. Gan v. Hon. Antonio C. Reyes, petitioner Augustus Caesar R. Gan was sued by Bernadette C. Pondevida on behalf of her three-year-old daughter Francheska Joy S. Pondevida for recognition and support. After Bernadette sent a demand letter and Gan denied paternity, she filed a complaint for support with prayer for support pendente lite before the Regional Trial Court (RTC) of Baguio City, Branch 61. Gan moved to dismiss for failure to state a cause of action since the birth certificate named the father as “UNKNOWN,” but the motion was denied. He then failed to timely file an answer, was declared in default, and the court admitted evidence ex parte. On 12 May 2000 the RTC ordered Gan to recognize Francheska as his illegitimate child, pay ₱20,000 monthly support retroactive to the child’s birth, accumulated arrears, attorney’s fees and litigation expenses, and alimony pendente lite. Bernadette moved for immediate execution of judgment and a writ of execution issu Case Digest (G.R. No. 145527) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background and Parties
- Bernadette S. Pondevida, concerned for her three-year-old daughter Francheska Joy S. Pondevida’s schooling, wrote Augustus Caezar R. Gan demanding child support.
- Petitioner Gan denied paternity; Bernadette filed a complaint for support (with prayer for support pendente lite) on behalf of her daughter.
- Trial Court Proceedings
- Gan moved to dismiss for failure to state a cause of action, arguing the birth certificate listed the father as “UNKNOWN”; motion denied.
- Gan failed to file an answer within the reglementary period; on January 19, 2000, the RTC declared him in default and denied his reconsideration.
- After ex parte presentation of evidence, the RTC on May 12, 2000:
- Recognized Francheska Joy as petitioner’s illegitimate child;
- Ordered P20,000 monthly support (plus arrears from birth), P50,000 attorney’s fees, P25,000 litigation expenses, and P20,000 monthly alimony pendente lite.
- Writ of Execution and Levy
- Bernadette moved for immediate execution; the trial court granted, citing Francheska’s urgent need for schooling.
- The sheriff levied a Honda City (Plate No. UMT 884) registered to A.B. Leasing & Fin. Corp., located in petitioner’s warehouse.
- Court of Appeals Proceedings
- Gan filed a petition for certiorari and prohibition in the CA (June 9, 2000), claiming:
- No exceptional reason for immediate execution pending appeal;
- Lack of notice and hearing on the execution motion;
- Grave abuse in entering default and judgment despite his meritorious defense (adultery and DNA testing).
- On August 31, 2000, the CA dismissed the petition:
- Held that under Section 4, Rule 39 of the 1997 Rules of Civil Procedure, support judgments are immediately executory and not stayed by appeal;
- Found no due process violation in notice;
- Ruled petitioner’s excuse for late answer (miscommunication) failed to meet “fraud, accident, mistake or excusable negligence.”
- Petition to the Supreme Court
- Petitioner Gan elevated the CA decision to the Supreme Court, reasserting his three main arguments.
- He also sought nullification of the default judgment and proposed DNA testing to resolve paternity.
Issues:
- Whether the writ of execution of the support judgment is void for lack of an exceptional reason to enforce it immediately despite a pending appeal.
- Whether the issuance of the writ violated petitioner’s right to notice and hearing.
- Whether the default order and ensuing judgment should be set aside to allow petitioner’s defenses (e.g., mother’s adultery, DNA testing).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)