Gerardo Concepcion v. Court of Appeals and Ma. Theresa Almonte
G.R. No. 123450, August 31, 2005
FACTS:
Petitioner Gerardo Concepcion and private respondent Ma. Theresa Almontewere married in 1989. Almost a year later, Ma. Theresa gave birth to Jose Gerardo. In 1991, however, Gerardo filed a petition to have his marriage to Ma. Theresa annulled on the ground of bigamy. He alleged that 9 years before he married private respondent, the latter had married one Mario Gopiao, which marriage was never annulled. The trial court ruled that Ma. Theresa’s marriage to Mario was valid and subsisting when she married Gerardo and annulled her marriage to the latter for being bigamous. It declared Jose Gerardo to be an illegitimate child as a result. The custody of the child was awarded to Ma. Theresa while Gerardo was granted visitation rights. The Court of Appeals reversed the decision and held that Jose Gerardo was not the son of Ma. Theresa by Gerardo but by Mario during his first marriage.
ISSUE:
Whether or not the Court of Appeals correctly ruled that Jose Gerardo is a legitimate child of Mario and not petitioner Gerardo.
RULING:
Yes. Under Article 164 of the Family Code, a child who is conceived or born during the marriage of his parents is legitimate. In the present case, since the marriage between Gerardo and Ma. Theresa was void ab initio, the marriage between Mario and Ma. Theresa was still subsisting at the time Jose Gerardo was conceived, and thus the law presumes that Jose Gerardo was a legitimate child of private respondent and Mario. Also, Gerardo cannot impugn the legitimacy of the child because such right is strictly personal to the husband or, in exceptional cases, his heirs. Since the marriage of Gerardo and Ma. Theresa was void from the very beginning; he never became her husband and thus never acquired any right to impugn the legitimacy of her child.
The petition was denied.
