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PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 45264. May 26, 1939. ]

JOSEFA and CARMEN CASTELLTORT, Petitioners-Appellants, v. BALBINA PASION, Oppositor-Appellee.

Felipe Buencamino, jr., Apolonio Chaves, and Barrera Reyes for Appellants.

Ramon Diokno and Emilio de la Paz for Appellee.

SYLLABUS


1. PARENT AND CHILD; ACKNOWLEDGMENT OF NATURAL CHILD MADE IN PUBLIC DOCUMENTS WITH JUDICIAL APPROVAL. — The acknowledgment of oppositor and appellee B. P. was not made in a record of birth, which has never existed in this country, nor in a will, but is alleged to have been made in public documents with judicial approval. In Legare v. Cuerques (34 Phil., 221), and Samson v. Corrales Tan (48 Phil., 401), this court expressed the view that when an acknowledgment is made in a public document, judicial approval in a proceeding for that purpose is necessary. In the Instant case, there is a substantial compliance with the requirements of the law.

2. ID.; ID. — The status of acknowledged natural child of said B. P. has also been expressly and under oath recognized by present appellant herein in previous legal proceedings, and the court, in the course of and in the final adjudication of those proceedings, has actually, expressly and solemnly recognized such status. Since such records are public documents the court held that the acknowledgment thus made therein, mutually and indubitably, by mother and son with due, recognition thereof by the appellant and by the court, satisfied substantially the requirements of articles 131 and 133 of the Civil Code.

3. ID.; ID. — There was indeed, strictly speaking, no judicial approval given in a proceeding instituted for that purpose. However, considering the judicial recognition made under the peculiar
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