Case Summary (G.R. No. 127578)
First Maintenance and Support Action (Q-88-935)
On October 14, 1988, the guardian filed before the Quezon City RTC a complaint for maintenance and support, alleging petitioner’s paternity and failure to provide for the minor. Petitioner denied filiation. By manifestation dated July 4, 1989, the parties agreed that pursuit of support and counterclaim was futile. Pursuant to their joint request, the RTC on August 8, 1989 dismissed the case with prejudice.
Second Maintenance and Support Action (C-16107)
On September 7, 1995, the guardian refiled a maintenance action for Glen Camil before the Kalookan RTC, seeking (a) P2,000 per month in arrears since June 1, 1987; (b) a P5,000 monthly allowance payable in advance; (c) P5,000 per month pendente lite support; and (d) costs.
Motion to Dismiss Based on Res Judicata
On October 8, 1993, petitioner moved to dismiss the second complaint, asserting that the first case’s dismissal with prejudice constituted res judicata. The trial court denied the motion on November 25, 1993, and again denied petitioner’s motion for reconsideration on February 4, 1994.
Court of Appeals and Supreme Court Proceedings
Petitioner filed a Rule 65 certiorari petition in the Court of Appeals, which on June 7, 1996 dismissed it for lack of merit. He then sought relief before the Supreme Court, arguing that the earlier dismissal and judicial admissions precluded any further support action.
Issue Framed
Whether the dismissal with prejudice of the initial maintenance action, together with admissions in that case, bars a subsequent claim for support by the same minor against the same putative parent.
Prohibition on Renunciation or Compromise of Support Rights
Civil Code Art. 301 provides that the right to receive support cannot be renounced, transmitted, or compensated. Art. 2035 prohibits compromise of future support. Public policy protects a child’s right to subsistence as fundamental and non-waivable.
Judicial Admissions and Compromise Invalidity
While petitioner’s denial of paternity and the guardian’s admission of futility serve as evidentiary matters, they cannot conclusively extinguish filiation by agreement. Only a judicial determination may establish or deny paternity. The joint agreement to dismiss the complaint and counterclaim amounted to an impermissible compromise
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Facts
- On October 14, 1988, Vircel D. Andres, as legal guardian of the minor Glen Camil Andres de Asis, filed Civil Case No. Q-88-935 in RTC Quezon City, Branch 94, seeking maintenance and support from Manuel de Asis, alleging his paternity and refusal to provide support.
- The petitioner, Manuel de Asis, in his Answer, denied paternity and, therefore, any obligation to support the minor.
- On July 4, 1989, private respondent manifested that, in petitioner’s proposed Amended Answer, he judicially admitted denying both paternity and any obligation to support, rendering further prosecution “futile and a useless exercise.” She proposed withdrawing the complaint if petitioner would likewise withdraw his counterclaim.
- Pursuant to the mutual manifestation, the RTC on August 8, 1989, dismissed Civil Case Q-88-935 with prejudice.
- On September 7, 1995, a new Complaint for maintenance and support was filed by Glen Camil, represented by her mother, docketed Civil Case No. C-16107 before RTC Kalookan City, Branch 130, demanding arrears from June 1, 1987, a monthly allowance of ₱5,000.00, support pendente lite, and costs.
- On October 8, 1993, petitioner moved to dismiss Civil Case C-16107 on grounds of res judicata, relying on the prior dismissal with prejudice of Q-88-935.
- The RTC, in an Order dated November 25, 1993, denied the motion to dismiss, holding that an action for support cannot be barred by res judicata because renunciation of future support is prohibited by law; a motion for reconsideration filed February 4, 1994, was also denied.
- The petitioner’s Petition for Certiorari under Rule 65 before the Co