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Enriquez (Short title) continued after complainant's marriage to one of the defendants had created
G.R. No. L-8371 | | June 30, 1955 such impediment and made continuance of sexual relations between the
Petitioner: NICANOR P. NICOLAS as Provincial Fiscal of Rizal, defendants a crime.
Respondents: HON. JUAN P. ENRIQUEZ, as Presiding Judge, JIMMY WILLIAM
NELSON and PRESCILLA FONTANOSA DISPOSITION
The writ prayed for is, therefore, denied, but without special pronouncement as to
DOCTRINE costs.
FACTS
1. Corazon Vizcarra filed a criminal case for concubinage against Jimmy
Nelson and Priscilla Fontanosa.
2. The lower court ruled out testimony of three prosecution witnesses tending
to show that a boy named Paul Nelson was the son of both defendants.
3. The said testimony was objected to as immaterial, but the objection was
sustained because inquiry into the paternity of a natural child is forbidden
except in actions for forcible acknowledgment.
4. Prosecutor Nicolas contends that prior sexual relations between the
defendants were admissible to show "propensity" to commit the offense
charged to maintain such relations even after the marriage of one of the
defendants to the complaint.
5. Hence, the prosecution brought the present action for mandamus to compel
the trial court to admit the preferred evidence.
ISSUE/S
1. W/N the preferred evidence should be admitted.
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