G.R. No. 104376 - Ilano vs. Court of Appeals

Background of the relationship between petitioner Artemio G. Ilano and respondent Leoncia de los Santos

Leoncia first met petitioner when she was a secretary to Atty. Mariano C. Virata, petitioner’s lawyer, and they met socially during lunch several times.
Leoncia later resigned, met petitioner again in 1957 as both were distributors of Namarco products, and he courted her for more than four years.
With a promise of marriage, they eloped in April 1962 to Guagua, Pampanga and lived together at La Mesa Apartment behind the Filipinas Telephone Company branch, where petitioner was president and general manager.
Melencio Reyes, Officer-in-Charge of the telephone company branch, procured the apartment in his name, paid bills, and provided a maid due to Leoncia’s lack of local dialect skills.
Petitioner gave Leoncia P700 monthly for household expenses and visited three to four times a week.

In June 1962, when Leoncia was pregnant, petitioner took her to live in San Juan St., Pasay City.
In October 1962, Leoncia delivered a still-born female child at Manila Sanitarium, with petitioner signing the death certificate.
On December 30, 1963, Leoncia delivered private respondent Merciditas S. Ilano (born as Merciditas de los Santos Ilano) at the Manila Sanitarium; birth certificates recorded Artemio G. Ilano as father.
Leoncia’s confinement at Manila Sanitarium from Dec 30, 1963 to Jan 2, 1964 under the name Mrs. Leoncia Ilano was supported by receipts.

Petitioner personally, through Melencio Reyes, niece Elynia Mabanglo, or Merciditas herself, gave financial support in cash or checks (including Manila Banking Corporation Check No. 81532).
Petitioner signed Merciditas’ grade school report cards for the fourth and fifth grading periods, acknowledged by both Leoncia and Merciditas.
Petitioner treated Merciditas as his daughter: bringing toys, candies, taking her out, cuddling her to sleep, and being recognized by Merciditas as “Daddy.”
Petitioner gave Leoncia a personal picture with dedication during his candidacy for the Cavite Provincial Board.
Supportive witnesses included Leoncia’s niece, who accompanied Leoncia in labor and visited the hospital with petitioner.

Petitioner denied any relationship or paternity, disowned signatures and handwritten answers on the death certificate, denied notes alleged delivered through Elynia, and denied signing Merciditas’ report cards.
Admitted only the signature on Check No. 81532; claimed to be sick on Dec 30, 1963, and hospitalized on Jan 7, 1964.
Family members, including petitioner’s wife and daughter, corroborated his illness, denied petitioner lived with Leoncia or frequented Guagua or Manila, asserting he resided in Imus, Cavite during the relevant years.

Trial court dismissed the complaint on April 24, 1981, reasoning: (a) no cohabitation during Merciditas’ conception; (b) Melencio’s testimony that he lived with Leoncia and shared the same bed; (c) birth certificate not signed by petitioner; (d) denial of signatures on Merciditas’ report cards; (e) no clear evidence of support to Merciditas.
Court of Appeals reversed on December 17, 1991, declaring Merciditas the duly recognized illegitimate child of petitioner and ordering support payments in graduated amounts from 1972 to her majority in 1984, including attorney’s fees and costs.
Motion for reconsideration was denied on February 26, 1992.

Whether petitioner is the father of private respondent Merciditas for purposes of recognition and support.
Whether an adulterous or spurious child can maintain an action for recognition and support.
Whether back support can be awarded in the absence of prior recognition or final judgment affirming paternity.
Whether the lower courts erred in factual and legal findings on the relationship and obligation to support.