Andal vs.

Macaraig
G.R. no. L-2474 May 30, 1951
Bautisa Angelo, J.:
Facts:
Petitioner is Mariano Andal (a minor) assisted by his mother Maria Duenas in the
Court of First Instance by Camarines Sur for the recovery of the ownership of a
parcel of land in Talacop, Calabanga, Camarines Sur. Mariano is the son of Emiliano
and Maria. The land in question was a land that Emilianos mother, Eduvigis
Macaraig, which he owned from 1938-1942 until he died that year. Eduvigis then
took advantage of that and entered the land in question. The lower court ruled:
Mariano Andal is the legitimate son of Emiliano and thus entitled to inherit
the land
Orders Eduvigis Macaraig to pay the costs of the suit
Macaraig took the case to the Supreme Court. Proven facts:
Emiliano became sick in 1941 and his brother Felix came to his house to help him
work his farm. In 1942 his sickness became worse and Maria eloped with this
brother and lived instead with Marias father. Since May 1942 Maria and Felix have
been having sexual intercourse and in January 1, 1943 Emiliano died without the
presence of Maria. On June 1943 Maria gave birth to a boy named Mariano Andal.
Can he be considered the legitimate son of Emiliano?
Issue:
Whether or not the trial court was right in granting the land to Mariano Andal and whether in fact he
was the legitimate son of Emiliano and Maria thereby giving him the right
Ruling:
The decision of the Supreme Court ruled that Mariano is a legitimate son of Emiliano
Art 108 of the Civil Code
-children born 180 after marriage, or within 300 days after separation shall be presumed to
be legitimate, not unless there is proof that the husband physically could not have access to
his wife during the first 120 days of the 300 days before the birth of the child.
-Mariano was born on June 17, 1943 and Emiliano died in January 1, 1943, this makes him
legitimate because he was born within 300 days following the dissolution of their marriage.
- was it impossible for the husband to have had access to Maria at this time? Impossibility
requires: 1) absence during the initial period 2) Impotence which is incurable 3)
imprisonment, unless shown proof that cohabitation happened illegally.
-There is no evidence that Emiliano Andal was absent during this time. In fact there is
evidence that they were still living together during this time even if Felix and Maria were
having an affair secretly. Adultery does not overcome presumption
-Furthermore tuberculosis does not prevent intercourse
-No evidence that Emiliano was incurably impotent
-There is presumption of legitimacy under Art 108
Sec 68 par ( c ) of Rule 123 of the Rules of the Court
-child born is indisputably presumed to be legitimate if there is cohabitation between wife
and non-impotent husband within 180 days after marriage or 300 days after dissolution