You are on page 1of 1

Case Title Gan v.

Docket Number G.R. No. 145527
Date May 28, 2002
Digest by: Shanelle T. Napoles

Legal Maxim: Absoluta Sententia Expositore Non Indiget Augustus

Meaning of the Maxim: an absolute judgment needs no expositor

Relevant Facts of the Case

1. Bernadette S. Pondevida cannot afford to send her 3-year old daughter to school so she wrote to the petitioner Augustus R. Gan a
demand to give support for their love child. However, Gan denied paternity of the child which resulted to Pondevida filing a
complaint against Gan. Gan moved to dismiss the case invoking that there is no cause of action because the birth certificate of the
child indicated that the father is unknown but it was denied. Despite denial of his motion, petitioner failed to file his answer within
the reglementary period. Thus, on January 19, 2000 private respondent moved that petitioner be declared in default, which motion
was granted.
2. Petitioner's motion for reconsideration was also denied. Hence, the court received the evidence of private respondent ex parte. The
court ruled in favor of Pondevida and ordered Gan for support for his illegitimate child immediately.
3. Petitioner in his appeal argued that he shouldnt immediately provide for the child because
a. under the rules a judgment for support which is subject of an appeal cannot be executed absent any good reason for its
immediate execution
b. the writ is invalid because it was issued in violation of his right to notice and hearing
c. he should be allowed to prove his defense in adultery so that the claim for support would be denied
d. in an action by a child against his putative father, adultery of the child's mother would be a valid defense to show that the child is
a fruit of adulterous relations for, in such case, it would not be the child of the defendant and therefore not entitled to support
e. DNA testing should be allowed to prove paternity

Ambiguity Needing Statutory Construction/Interpretation:

1. Section 4, Rule 39, of the Rules of Court which provided that, unless ordered by the trial court, judgments in actions for support are
immediately executory and cannot be stayed by an appeal
1. Court applied the legal maxim of Absoluta Sententia Expositore Non Indiget Augustus and reminded the petitioner that the plain
words of the statute does not need further explanation. The court cannot wait for the result of the paternity in all cases involving a
child, his interest and welfare are always the paramount concerns because if it had to wait the final judgment, the children may in
the meantime have suffered because of lack of food or have missed and lost years in school because of lack of funds.
2. Petition is denied.