Charles Gotardo, petitioner v. Divina Buling, respondent G.R. No.

165166, August 15, 2012 Nature: Petition for review on certiorari questioning the CA decision ordering the etitioner to recogni!e and rovide "ega" su ort to his #inor son, G"iff!e $u"ing. Topic: %i"iation& 'u Facts: Char"es Gotardo and (ivina $u"ing )eca#e sweethearts in the "ast wee* of +anuar, 1--. and started inti#ate se/ua" re"ations so#eti#e in 'e te#)er 1--.. 0he se/ua" encounters occurred twice a #onth and )eca#e #ore frequent in +une 1--1. (ivina eventua"", got regnant which she found out on August 2, 1--1. 3hen to"d of the regnanc,, Char"es was ha , and #ade "ans to #arr, (ivina. 4owever, Char"es )ac*ed out of the wedding "ans. (ivina de#anded recognition and su ort of the chi"d )orn on 5arch -, 1--5. 3hen Char"es did not answer the de#and, (ivina fi"ed her co# "aint for co# u"sor, recognition and su ort endent "ite. Char"es denied the i# uted aternit,, c"ai#ing that he first had se/ua" contact with (ivina in the first wee* of August 1--1 and she cou"d not have )een regnant for 12 wee*s when he was infor#ed of the regnanc,. R0C dis#issed the co# "aint for insufficienc, of evidence roving G"iff!e6s fi"iation. 0he CA however, set aside the R0C decision and ordered the etitioner to recogni!e his #inor son. Issue: 3as CA correct in setting aside the R0C findings and ordered Char"es to recogni!e and rovide "ega" su ort to his #inor son7 Ruling: 3e do not find an, reversi)"e error in the CA6s ru"ing. 3e have recogni!ed that 89f:i"iation roceedings are usua"", fi"ed not ;ust to ad;udicate aternit, )ut a"so to secure a "ega" right associated with aternit,, such as citi!enshi , su ort <as in this case= or inheritance. 9>n aternit, cases, the )urden of roof: is on the erson who a""eges that the utative father is the )io"ogica" father of the chi"d.8 ?ne can rove fi"iation, either "egiti#ate or i""egiti#ate, through the record of )irth a earing in the civi" register or a fina" ;udg#ent, an ad#ission of fi"iation in a u)"ic docu#ent or a rivate handwritten instru#ent and signed ), the arent concerned, or the o en and continuous ossession of the status of a "egiti#ate or i""egiti#ate chi"d, or an, other #eans a""owed ), the Ru"es of Court and s ecia" "aws. 3e have he"d that such other roof of one@s fi"iation #a, )e a 8)a tis#a" certificate, a ;udicia" ad#ission, a fa#i", )i)"e in which 9his: na#e has )een entered, co##on re utation res ecting 9his: edigree, ad#ission ), si"ence, the 9testi#onies: of witnesses, and other *inds of roof 9ad#issi)"e: under Ru"e 1.0 of the Ru"es of Court. >n this case, the res ondent esta)"ished a prima facie case that the etitioner is the utative father of G"iff!e through testi#on, that she had )een se/ua"", invo"ved on", with one #an, the etitioner, at the ti#e of her conce tion. Rodu"fo corro)orated her testi#on, that the etitioner and the res ondent had inti#ate re"ationshi . 0he etitioner did not den, that he had se/ua" encounters with the res ondent, on", that it occurred on a #uch "ater date than the res ondent asserted, such that it was h,sica"", i# ossi)"e for the res ondent to have )een three <.= #onths regnant a"read, in 'e te#)er 1--1 when he was infor#ed of the regnanc,. 4owever, the etitioner fai"ed to su)stantiate his a""egations of infide"it, and insinuations of ro#iscuit,. 4is a""egations, therefore, cannot )e given credence for "ac* of evidentiar, su ort. 0he etitioner6s denia" cannot overco#e the res ondent6s c"ear and categorica" assertions. ort

Avident",, the tota"it, of the res ondent@s testi#on, ositive", and convincing", shows that no rea" inconsistenc, e/ists. 0he res ondent has consistent", asserted that she started inti#ate se/ua" re"ations with the etitioner so#eti#e in 'e te#)er 1--.. 'ince fi"iation is )e,ond question, su ort fo""ows as a #atter of o)"igation& a arent is o)"iged to su ort his chi"d, whether "egiti#ate or i""egiti#ate. 'u ort consists of ever,thing indis ensa)"e for sustenance, dwe""ing, c"othing, #edica" attendance, education and trans ortation, in *ee ing with the financia" ca acit, of the fa#i",. 0hus, the a#ount of su ort is varia)"e and, for this reason, no fina" ;udg#ent on the a#ount of su ort is #ade as the a#ount sha"" )e in ro ortion to the resources or #eans of the giver and the necessities of the reci ient. >t #a, )e reduced or increased ro ortionate", according to the reduction or increase of the necessities of the reci ient and the resources or #eans of the erson o)"iged to su ort.