Title
Gotardo vs. Buling
Case
G.R. No. 165166
Decision Date
Aug 15, 2012
A woman sued for paternity recognition and child support, alleging a prior relationship with the defendant. Courts ruled in her favor, affirming filiation and ordering monthly support.

Case Summary (G.R. No. 177875)

Procedural History and Relevant Dates

  • September 6, 1995: Divina Buling filed a complaint for compulsory recognition and support pendente lite against Charles Gotardo.
  • March 9, 1995: Birth of Gliffze O. Buling.
  • June 25, 2002: RTC rendered a decision dismissing the complaint.
  • March 5, 2004: Court of Appeals (CA) reversed RTC decision and ordered the petitioner to recognize and support Gliffze.
  • July 27, 2004: CA denied petitioner’s motion for reconsideration.
  • August 15, 2012: Supreme Court decision affirming CA ruling.

Factual Background

The respondent met petitioner at the Philippine Commercial and Industrial Bank, Maasin branch, where she was a casual employee and he was an accounting supervisor. Their courtship began in December 1992, with a courtship established by January 1993. The petitioner and respondent engaged in intimate sexual relations starting September 1993, occurring approximately twice a month, becoming more frequent by June 1994. Respondent discovered her pregnancy on August 8, 1994. The petitioner was initially happy, planned to marry her, and even applied for a marriage license, but later withdrew from wedding plans. Respondent filed a breach of promise to marry complaint, which was later amicably settled. The petitioner failed to recognize or support the child after birth, prompting the filing of the paternity and support case.

Issues Presented

Whether the Court of Appeals committed a reversible error in overturning the RTC's dismissal of the compulsory recognition and support complaint, and whether there exists sufficient evidence to establish the petitioner’s paternity of Gliffze.

RTC’s Findings

The RTC dismissed the complaint due to alleged inconsistencies in the respondent’s testimony, particularly concerning the timing of their first sexual contact. The court also questioned the reasonableness of continuing sexual relations even after the respondent had refused the petitioner’s initial marriage proposal. The RTC ordered the return of support payments and awarded attorney’s fees against the respondent.

Court of Appeals Ruling

The CA set aside the RTC ruling, explaining that the supposed inconsistencies were due to the respondent’s misunderstanding of counsel’s questions rather than deliberate falsehoods. It found that the petitioner and respondent had an ongoing sexual relationship prior to August 1994, and there was no substantiation of the petitioner’s allegations that the respondent had relations with other men. The CA therefore ordered petitioner to recognize his son and provide monthly support of P2,000.00, reinstating the RTC’s prior child support order.

Supreme Court’s Analysis on Evidentiary and Legal Considerations

  • Prima Facie Case and Burden of Proof: The respondent successfully established a prima facie case by testifying that she engaged in sexual relations only with the petitioner during the period of conception. This shifted the burden to the petitioner to provide affirmative defenses such as impotence or the mother’s infidelity, which were not substantiated.
  • Proof of Filiation: Beyond the civil register or judicial declaration, filiation may be proven by various admissible evidence under the Rules of Court, including witness testimonies and other corroborative documents.
  • Credibility of Witness: The Court emphasized the importance of evaluating testimony in totality, not by isolated inconsistent parts. The respondent’s contradictions were found to be mostly apparent, explained as misunderstandings or transcription errors, and did not detract from the credibility of her testimony overall.
  • Support Obligation: Given the established filiation, the petitioner’s duty to provide support for the child is mandatory under the Family Code. The amount awarded—P2,000.00 monthly—was reasonable in view of the needs of the child and the petitioner’s capacity, subject to modification if circumstances change.

Final Ruling

The Supreme Court affirmed the Court of Appeals decision, denying the petitioner’s petition for review for lack of merit. The Court upheld the order for compulsory r

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