Facts:

• The case involves The United States and Maria de Jesus vs. Gaspar Alvir.
• Gaspar Alvir was accused of seduction in Bulacan, Province of Bulacan.
• Alvir was found guilty and sentenced to three months of arresto mayor.
• He was ordered to pay P1,000 indemnity to Maria Sempia, acknowledge their child, and provide a monthly allowance of P15 until the child reached adulthood.
• Alvir appealed to the Court of First Instance, which upheld the conviction but reduced the indemnity to P500.
• After serving his sentence, Alvir sought to modify the support order, requesting to keep the child at his home instead of paying the monthly allowance.
• He based his motion on Article 149 of the Civil Code, claiming it allowed him to choose between paying support or keeping the child.
• The lower court denied his motion, stating the support obligation was a consequence of his conviction and could not be altered by the Civil Code.
• Alvir subsequently appealed this ruling.

Issue:

• (Unlock)

Ruling:

• The Supreme Court affirmed the lower court's decision, ruling that the defendant's request to keep the child in his home and be released fr...(Unlock)

Ratio:

• The Court's ruling was based on the obligations arising from the seduction conviction, as per Article 449 of the Penal Code, which mandates support for the offspring of the convicted individual.
• The Court noted that Article 149 of the Civil Code, which allows for the option to pay support or keep the beneficiary, is not absolute.
• Previous rulings from the Supreme Court of Spain were referenced, indicating that such options could be limited by circumstances related to parental aut...continue reading