518

SUPREMECOURTREPORTSANNOTATED
Verceles vs. Posada
*

G.R.No.159785.April27,2007.

TEOFISTO I. VERCELES, petitioner, vs. MARIA

CLARISSAPOSADA,inherownbehalf,andasmotherof
minorVERNAAIZAPOSADA,CONSTANTINOPOSADA
andFRANCISCAPOSADA,respondents.
Remedial Law; Actions; In determining the nature of an action,
it is not the caption but the averments in the petition and the
character of the relief sought that are controlling.Couldpaternity
andfiliationberesolvedinanactionfordamages?Onthisscore,we
find petitioners stance unmeritorious. The caption is not
determinative of the nature of a pleading. In a string of cases we
madethefollowingrulings.Itisnotthecaptionbutthefactsalleged
whichgivemeaningtoapleading.Courtsarecalledupontopierce
the form and go into the substance thereof. In determining the
nature of an action, it is not the caption, but the averments in the
petitionandthecharacterofthereliefsought,thatarecontrolling.
Civil Law; Paternity and Filiation; Any authentic writing is
treated not just a ground for compulsory recognition, it is in itself a
voluntary recognition that does not require a separate action for
judicial approval.A perusal of the Complaint before the RTC
shows that although its caption states Damages coupled with
Support Pendente Lite, Clarissas averments therein, her meeting
with petitioner, his offer of a job, his amorous advances, her
seduction,theirtrysts,herpregnancy,birthofherchild,hisletters,
herdemandforsupportforherchild,allclearlyestablishacasefor
recognition of paternity. We have held that the due recognition of
anillegitimatechildinarecordofbirth,awill,a statement before a
court of record, or in any authentic writing is, in itself, a
consummated act of acknowledgement of the child, and no further
courtactionisrequired.Infact,anyauthenticwritingistreatednot
just a ground for compulsory recognition; it is in itself a voluntary
recognition that does not require a separate action for judicial
approval.
Same; Same; Damages; There is nothing in law or
jurisprudence that entitles the parents of a consenting adult who
begets a love child to damages.We, however, cannot rule that
respondentsare
_______________
* SECONDDIVISION.

519

VOL.522,APRIL27,2007

519

Verceles vs. Posada

entitled to damages. Article 2219 of the Civil Code which states
moral damages may be recovered in cases of seduction is
inapplicable in this case because Clarissa was already an adult at
thetimeshehadanaffairwithpetitioner.Neithercanherparents
be entitled to damages. Besides, there is nothing in law or
jurisprudence that entitles the parents of a consenting adult who
begets a love child to damages. Respondents Constantino and
FranciscaPosadahavenotcitedanylaworjurisprudencetojustify
awardingdamagestothem.

PETITION for review on certiorari of the decision and

resolutionoftheCourtofAppeals.
ThefactsarestatedintheopinionoftheCourt.
Ceferino Padua Law Officeforpetitioner.
Merito R. Fernandezforrespondents.
QUISUMBING,J.:
1

This petition for review seeks the reversal

of the Decision
2
dated May 30, 2003 and the Resolution dated August 27,
2003oftheCourtofAppealsinCAG.R.CVNo.50557.The
appellate 3 court had affirmed with modification the
Judgment dated January 4, 1995 of the Regional Trial
Court (RTC) of Virac, Catanduanes, Branch 42, in Civil
Case No. 1401. The RTC held petitioner liable to pay
monthly support to Verna Aiza Posada since her birth on
September 23, 1987 as well as moral and exemplary
damages,attorneysfeesandcostsofsuit.
Thefactsinthiscaseasfoundbythelowercourtsareas
follows:
Respondent Maria Clarissa Posada (Clarissa), a young
lassfromthebarrioofPandan,Catanduanes,sometimein
1986 met a close family friend, petitioner Teofisto I.
Verceles,mayorofPandan.HethencalledonthePosadas
andattheendofthevisit,offeredClarissaajob.
_______________
1Rollo,pp.2238.
2Id.,atp.41.
3CARollo,pp.2731.

520

520

SUPREMECOURTREPORTSANNOTATED
Verceles vs. Posada

Clarissa accepted petitioners offer and worked as a casual

employee in the mayors office starting on September 1,
1986. From November 10 to 15 in 1986, with companions
Aster de Quiros, Pat del Valle, Jaime and Jocelyn Vargas,
she accompanied petitioner to Legaspi City to attend a

seminarontownplanning.TheystayedattheMayonHotel.
OnNovember11,1986,ataround11:00a.m.,petitioner
fetched Clarissa from My Brothers Place where the
seminarwasbeingheld.Clarissaaversthathetoldherthat
they would have lunch at Mayon Hotel with their
companions who had gone ahead. When they reached the
place her companions were nowhere. After petitioner
orderedfood,hestartedmakingamorousadvancesonher.
Shepanicked,ranandclosetedherselfinsideacomfortroom
where she stayed until someone knocked. She said she
hurriedlyexitedandleftthehotel.Afraidofthemayor,she
kepttheincidenttoherself.Shewentonascasualemployee.
One of her tasks was followingup barangay road and
maintenanceprojects.
OnDecember22,1986,onordersofpetitioner,shewent
to Virac, Catanduanes, to follow up funds for barangay
projects. At around 11:00 a.m. the same day, she went to
CatanduanesHoteloninstructionsofpetitionerwhoasked
tobebriefedontheprogressofhermission.Theymetatthe
lobbyandheledherupstairsbecausehesaidhewantedthe
briefingdoneattherestaurantattheupperfloor.
Instead, however, petitioner opened a hotel room door,
ledherin,andsuddenlyembracedher,ashetoldherthat
he was unhappy with his wife and would divorce her
anytime. He also claimed he could appoint her as a
municipal development coordinator. She succumbed to his
advances.Butagainshekepttheincidenttoherself.
Sometime in January 1987, when she missed her
menstruation,shesaidshewrotepetitionerthatshefeared
shewaspregnant.InanotherletterinFebruary1987,she
told him she was pregnant. In a handwritten letter dated
February4,1987,hereplied:
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VOL.522,APRIL27,2007

521

Verceles vs. Posada

MydarlingChris,
Shouldyoubecomepregnantevenunexpectedly,Ishouldhaveno
regret,becauseIloveyouandyouloveme.
LetusrejoiceacommonresponsibilityyouandIshalltakecare
ofitandlethim/herseethelightofthisbeautifulworld.
Weknowwhattodotoprotectourhonorandintegrity.
Justrelaxandbehappy,iftrue.
Withallmylove,
Ninoy
4
2/4/87

ClarissaexplainedpetitionerusedanaliasNinoyandad
dressedherasChris,probablybecauseoftheirtwentyfive
(25)year age gap. In court, she identified petitioners
penmanship which she claims she was familiar with as an
employeeinhisoffice.
5
Clarissapresentedthreeotherhandwrittenletters sent
toherbypetitioner,twoofwhichwereinhisletterheadas6
mayor of Pandan. She also presented the pictures

petitionergaveherofhisyouthandasapublicservant,all
bearinghishandwrittennotationsattheback.
ClarissaaversthatonMarch3,1987,petitioner,awareof
her pregnancy, handed her a letter and P2,000 pocket
moneytogotoManilaandtotellherparentsthatshewould
enroll in a CPA review course or look for a job. In June
1987, petitioner went to see her in Manila and gave her
anotherP2,000forherdelivery.Whenherparentslearned
ofherpregnancy,sometimeinJuly,herfatherfetchedher7
andbroughtherbacktoPandan.OnSeptember23,1987,
shegavebirthtoababygirl,VernaAizaPosada.
Clarissas mother, Francisca, corroborated Clarissas
story. She said they learned of their daughters pregnancy
through
_______________
4ExhibitA,Records,p.75.
5ExhibitsB,C,andD,Records,pp.7678.
6ExhibitsEtoR,Records,pp.7992.
7ExhibitU,Records,p.95.

522

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SUPREMECOURTREPORTSANNOTATED
Verceles vs. Posada

her husbands cousin. She added that she felt betrayed by

petitionerandshamedbyherdaughterspregnancy.
ThePosadasfiledaComplaintforDamagescoupledwith
SupportPendente LitebeforetheRTC,Virac,Catanduanes
8
againstpetitioneronOctober23,1987.
OnJanuary4,1995,thetrialcourtissuedajudgmentin
theirfavor,thedispositiveportionofwhichreadsasfollows:
WHEREFORE, in view of the foregoing, judgment is hereby
rendered in favor of the [respondents] and against the [petitioner]
andorderingthelatter:
1. topayamonthlysupportofP2,000.00toVernaAizaPosada
sinceherbirthonSeptember23,1987ashewasprovedto
be the natural father of the abovenamed minor as shown
bytheexhibitsandtestimoniesofthe[respondents];
2. topaytheamountofP30,000.00asmoraldamages;
3. topaytheamountofP30,000.00asexemplarydamages;
4. topaythesumofP10,000.00asattorneysfees;and
5. topaythecostsofthesuit.
9

SOORDERED.

Verceles appealed to the Court of Appeals which affirmed

the judgment with modification, specifying the party to
whomthedamageswasawarded.Thedispositiveportionof
theCourtofAppealsdecisionreads:
WHEREFORE, the appealed judgment is AFFIRMED with
modificationbyordering[petitioner]TeofistoI.Verceles:
1. To pay a monthly support of P2,000.00 to Verna Aiza

PosadafromherbirthonSeptember23,1987.
2. To pay [respondent] Maria Clarissa Posada the sum of
P15,000.00 as moral damages and [P]15,000.00 as
exemplary damages.
_______________
8Records,pp.17.
9CARollo,p.31.

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VOL.522,APRIL27,2007

523

Verceles vs. Posada

3. To pay [respondents] spouses Constantino and Francisca
Posada the sum of P15,000.00 as moral damages and
P15,000.00 as exemplary damages.
4. To pay each of the said three [respondents] P10,000.00 as
attorneys fees;and
5. Topaythecostsofsuit.
10

SOORDERED.

Hence,thispetition.
Petitioner now presents the following issues for
resolution:
I.
WAS THERE ANY EVIDENCE ON RECORD TO PROVE THAT
APPELLANTVERCELESWASTHEFATHEROFTHECHILD?
II.
WOULDTHISACTIONFORDAMAGESPROSPER?
III.
WOULDTHERTCCOURTHAVEACQUIREDJURISDICTION
OVER THIS ISSUE OF APPELLANTS PATERNITY OF THE
CHILD,WHICHISMADECOLLATERALTOTHISACTIONFOR
11
DAMAGES?

Insum,thepertinentissuesinthiscaseare:(1)whetheror
notpaternityandfiliationcanberesolvedinanactionfor
damageswithsupportpendente lite;(2)whetherornotthe
filiation of Verna Aiza Posada as the illegitimate child of
petitioner was proven; and (3) whether or not respondents
areentitledtodamages.
In his Memorandum, petitioner asserts that the fact of
paternity and filiation of Verna Aiza Posada has not been
duly established or proved in the proceedings; that the
award for damages and attorneys fees has no basis; and
thattheissueoffiliationshouldberesolvedinadirectand
notacollateralaction.
_______________
10Rollo,pp.3738.

11Id.,atp.179.

524

524

SUPREMECOURTREPORTSANNOTATED
Verceles vs. Posada

Petitioner argues he never signed the birth certificate of

Verna Aiza Posada as father and that it was respondent
Clarissa who placed his name on the birth certificate as
fatherwithouthisconsent.Hefurthercontendsthealleged
love letters he sent to Clarissa are not admissions
of
12
paternitybutmereexpressionsofconcernandadvice. As
totheawardfordamages,petitionerarguesClarissacould
not have suffered moral damages because she was in pari
delicto,beingawillingparticipantintheconsensualcarnal
13
act between them. In support of his argument that the
issue on filiation should have been resolved in a separate
action, 14petitioner cited the case of Rosales v. Castillo
Rosales whereweheldthatthelegitimacyofachildwhich
15
iscontroversialcanonlyberesolvedinadirectaction.
On the other hand, respondents in their Memorandum
maintain that the Court of Appeals committed no error in
itsdecision.TheyreiteratethatClarissasclearnarrationof
the circumstances on how she was deflowered by
petitioner,thelovelettersandpicturesgivenbypetitioner
to Clarissa, the corroborating testimony of Clarissas
mother,thefactthatpetitionerprofferednocountervailing
evidence, are preponderant evidence
of paternity. They
16
citedthecaseofDe Jesus v. Syquia whereweheldthata
conceivedchildcanbeacknowledgedbecausethisisanact
17
favorable to the child. They also argue that damages
shouldbeawardedbecausepetitionerinveigledClarissato
18
succumbtohissexualadvances.
Couldpaternityandfiliationberesolvedinanactionfor
damages? On this score, we find petitioners stance
unmerito
_______________
12Id.,atpp.181183.
13Id.,atpp.189190.
14No.L31712,September28,1984,132SCRA132.
15Id.,atp.141.
1658Phil.866(1933).
17Id.,atp.868.
18Rollo,p.169.

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VOL.522,APRIL27,2007

525

Verceles vs. Posada

rious. The caption is not determinative of the nature of a
pleading.Inastringofcaseswemadethefollowingrulings.
It is not the caption but the facts alleged which give
meaningtoapleading.Courtsarecalledupontopiercethe

19

formandgointothesubstancethereof. Indeterminingthe
natureofanaction,itisnotthecaption,buttheaverments
in the petition20and the character of the relief sought, that
arecontrolling.
A perusal of the Complaint before the RTC shows that
althoughitscaptionstatesDamagescoupledwithSupport
Pendente Lite, Clarissas averments therein, her meeting
withpetitioner,hisofferofajob,hisamorousadvances,her
seduction,theirtrysts,herpregnancy,birthofherchild,his
letters, her demand for support for her child, all clearly
establish a case for recognition of paternity. We have held
thattheduerecognitionofanillegitimatechildinarecord
ofbirth,awill,a statement before a court of record,orinany
authentic writing is, in itself, a consummated act of
acknowledgementofthechild,andnofurthercourtactionis
required.Infact,anyauthenticwritingistreatednotjusta
groundforcompulsoryrecognition;itisinitselfavoluntary
recognition that21does not require a separate action for
judicialapproval.
The letters of petitioner marked as Exhibits A to D
are declarations that lead nowhere but to the conclusion
thathesiredVernaAiza.Althoughpetitionerusedanalias
in these letters, the similarity of the penmanship in these
lettersvis the annotation at the back of petitioners fading
photograph as a youth is unmistakable. Even an
inexperiencedeyewillcometotheconclusionthattheywere
allwrittenbyoneandthesameperson,petitioner,asfound
bythecourtsa quo.
_______________
19IO.Herrera,REMEDIAL
20 Flores

LAW495(2000Edition).

v. Office of the Ombudsman, G.R. No. 136769, September

17,2000,389SCRA127,132.
21Eceta

v. Eceta,G.R.No.157037,May20,2004,428SCRA782, 786,

citing De Jesus v. Estate of Decedent Juan Gamboa Dizon, G.R. No.

142877,October2,2001,366SCRA499,503.
526

526

SUPREMECOURTREPORTSANNOTATED
Verceles vs. Posada

WealsonotethatinhisMemorandum,petitioneradmitted
hisaffairwithClarissa,theexchangeoflovelettersbetween
22
them,andhisgivinghermoneyduringherpregnancy.
Articles172and175oftheFamilyCodearetherulesfor
establishingfiliation.Theyareasfollows:
Art. 172.Thefiliationoflegitimatechildrenisestablishedbyanyof
thefollowing:
(1) Therecordofbirthappearinginthecivilregisterorafinal
judgment;or
(2) Anadmissionoflegitimatefiliationinapublicdocumentor
aprivatehandwritteninstrumentandsignedbytheparent
concerned.

Intheabsenceoftheforegoingevidence,thelegitimatefiliation
shallbeprovedby:
(1) The open and continuous possession of the status of a
legitimatechild;or
(2) AnyothermeansallowedbytheRulesofCourtandspecial
laws.
Art. 175. Illegitimate children may establish their illegitimate
filiation in the same way and on the same evidence as legitimate
children.
The action must be brought within the same period specified in
Article 173, except when the action is based on the second
paragraphofArticle172,inwhichcasetheactionmaybebrought
duringthelifetimeoftheallegedparent.

The letters, one of which is quoted above, are private

handwritten instruments of petitioner which establish
Verna Aizas filiation under Article 172 (2) of the Family
Code. In addition, the array of evidence presented by
respondents,thedates,letters,picturesandtestimonies,to
us, are convincing, and irrefutable evidence that Verna
Aizais,indeed,petitionersillegitimatechild.
_______________
22Rollo,p.178.

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VOL.522,APRIL27,2007

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Verceles vs. Posada

Petitioner not only failed to rebut the evidence presented,
he himself presented no evidence of his own. His bare
denials are telling. Wellsettled is the rule that denials, if
unsubstantiated by clear and convincing evidence, are
negativeandselfservingwhichmeritnoweightinlawand
cannot be given greater evidentiary value over the
testimony
of credible witnesses who testify on affirmative
23
matters.
We,however,cannotrulethatrespondentsareentitledto
24
damages.Article2219 oftheCivilCodewhichstatesmoral
damages may be recovered in cases of seduction is
inapplicable in this case because Clarissa was already an
adultatthetimeshehadanaffairwithpetitioner.
Neithercanherparentsbeentitledtodamages.Besides,
there is nothing in law or jurisprudence that entitles the
parents of a consenting adult who begets a love child to
damages. Respondents Constantino and Francisca Posada
have
_______________
23

Carpio v. Valmonte, G.R. No. 151866, September 9, 2004, 438

SCRA38,4344.
24 Art. 2219. Moral damages may be recovered in the following and

analogouscases:

(1) Acriminaloffenseresultinginphysicalinjuries;
(2) Quasidelictscausingphysicalinjuries;
(3) Seduction,abduction,rape,orotherlasciviousacts;
(4) Adulteryorconcubinage;
(5) Illegalorarbitrarydetentionorarrest;
(6) Illegalsearch;
(7) Libel,slanderoranyotherformofdefamation;
(8) Maliciousprosecution;
(9) ActsmentionedinArticle309;
(10) ActsandactionsreferredtoinArticles21,26,27,28,29,30,32,
34,and35.
The parents of the female seduced, abducted, raped, or abused,
referredtoinNo.3ofthisarticle,mayalsorecovermoraldamages.
The spouse, descendants, ascendants, and brother and sisters may
bringtheactionmentionedinNo.9ofthisarticle,intheordernamed.
528

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SUPREMECOURTREPORTSANNOTATED
Verceles vs. Posada

not cited any law or jurisprudence to justify awarding

damagestothem.
We, however, affirm the grant
of attorneys
fees in
25
26
consonance with Article 2208 (2) and (11) of the New
CivilCode.
WHEREFORE,theassailedDecisiondatedMay30,2003
and the Resolution dated August 27, 2003 of the Court of
AppealsinCAG.R.CVNo.50557areAFFIRMED,withthe
MODIFICATION that the award of moral damages and
exemplarydamagesbeDELETED.
SOORDERED.
Carpio, CarpioMorales, TingaandVelasco, Jr., JJ.,
concur.
Assailed decision
modification.

and

resolution

affirmed

with

Note.Filiation may be established by holographic as

well as notarial wills. (Potenciano vs. Reynoso, 401 SCRA
391[2003])
o0o
_______________
25

Art. 2208. In the absence of stipulation, attorneys fees and

expenses of litigation, other than judicial costs, cannot be recovered,

except:
xxxx
(2) When the defendants act or omission has compelled the plaintiff to
litigatewiththirdpersonsortoincurexpensestoprotecthisinterest;
xxxx
26xxx

(11) In any other case where the court deems it just and equitable that
attorneysfeesandexpensesoflitigationshouldberecovered.
In all cases, the attorneys fees and expenses of litigation must be
reasonable.

529

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