Berdecía v. Tyrell Howard

82 P.R. 674
CourtSupreme Court of Puerto Rico
DecidedMay 23, 1961
DocketNo. 134
StatusPublished

This text of 82 P.R. 674 (Berdecía v. Tyrell Howard) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Berdecía v. Tyrell Howard, 82 P.R. 674 (prsupreme 1961).

Opinions

Mr. Justice Blanco Lugo

delivered the opinion of the Court.

Mercedes Berdecia filed an action of filiation1 on August 18, 1952, against the heirs of Félix Sauri Tyrell,2 on the grounds of concubinage and possession of status. She alleged that she was born on October 3, 19283 as a result of a love affair and concubinage between said Félix Sauri and her natural mother, Dolores Berdecia, who at the time of her conception and birth could contract marriage, without any impediment, and that the plaintiff has been in the uninterrupted possession of status of natural daughter of her aforesaid father, which fact is warranted by “his unequivocal and spontaneous acts, who summoned a midwife to assist Dolores Berdecia during childbirth, who admitted before said midwife and other persons that the child to be born was his child and provided after birth for its support, giving the child medicine, medical attention and food, treating plaintiff continuously, frankly and openly as his natural daughter, and that on or about April 27, 1928, wishing to provide a home for his child to be born, he bought her a house in the name of Dolores Berdecia.”

On a previous occasion the plaintiff had filed an action for her acknowledgment. The filiation action filed on September 5,1935, was personally notified to the putative natural father, who did not appear to plead, and thus his default was entered.4 However, this first attempt by the plaintiff to [677]*677obtain her acknowledgment through judicial channels ended with a judgment of dismissal for abandonment.5

On March 10, 1959, the trial court rendered judgment granting the complaint on the following findings of fact and conclusions of law which we copy below:

“1. Dolores Berdecía or Verdés was born in Coamo on March 13, 1911. Félix Rafael Sauri Tyrell was born in Ponce, on April 6, 1907, the only boy in a wealthy family who lived across the Plaza de las Delicias, in Ponce. Dolores started to work there in 1925, as a maid. Both were single and were not related to eách other. At the end of the year 1926, Félix Rafael courted her and had sexual relations with, her, without his parents knowing it. Dolores became pregnant in January 1928 and on October 3 of the same year, the plaintiff was born.
“2. Said relations continued in the house of Félix Rafael’s parents until the fourth month of her pregnancy. He then bought her a house in Miramar Street for $62. He also paid the cost of an enlargement made to it. Dolores went to live in said house with her parents and one of her sisters. Félix Rafael visited her there and had sexual relations with her.
“3. Félix Rafael graduated from high school in the same city of Ponce in June 1928, and intended to continue his studies in the United States. In August he went with Dolores and her sister’s concubine to talk with the mother of the latter who was a midwife. Félix Rafael asked the midwife to assist Dolores during childbirth and agreed to pay her $25.
“4. Félix Rafael left for the United States on September 6, Í928. The plaintiff was born the following month. He returned from the United States in June 1929. He went to see her the same day he arrived at Ponce and continued visiting Dolores until September, when he left again for the United [678]*678States. He returned once more in the summer of 1930 and continued his relations with Dolores until he left again in August of the same year. In 1931 he did not come to Puerto Rico. He returned in the summer of 1932, but he did not return to Dolores nor did he have any more relations with his daughter.
“5. From the United States, Félix Rafael sent Dolores $20 a month for her and the child. He sent said amount until 1931 or 1932.
“6. Félix Rafael lived in Puerto Rico at the home of his parents. He always kept from them, as well as from his friends, the relations he had with Dolores. He visited her during the night but went to sleep to his own house. The family and social environment in which he lived was not, as we can see from the evidence, one in which he could make ostentations of such relations or of the child had from the same.
“7. Félix Rafael finished his studies in the United States in 1934 when he definitively returned to Puerto Rico. In 1935 Dolores sued him asking for the plaintiff’s filiation, who then was not of age. This suit was dismissed for abandonment after Félix Rafael had been summoned and his default entered; but the filing of this complaint contributed even more, because of the family and social environment in which he lived, to refrain him from making any demonstration that would give away his paternity. He did not live much longer. He died in Ponce on December 3,1938, single, intestate and with no other descendants than the plaintiff.”

The only footnote added to the trial’s court opinion seems to be particularly significant. It reads as follows:

“We have examined the plaintiff’s evidence with extreme care because the case was filed after the putative father had died. For this reason we have only given credit to that evidence presented by the plaintiff which we have believed because it appears to be supported by other facts which have not actually been in controversy. The aforesaid finding No. 5, which is probably controlling in this case, was not based exclusively on the oral evidence which tends to establish it directly, but on the following testimony by Dolores on cross-examination which coincides with defendant’s evidence as to Félix Rafael’s trips (see finding No. 4) : ‘Could you tell me if when he returned [679]*679in the summer of thirty-three, you had broken off with him, or he had broken off with you, and had stopped sexual relations?* —‘He still went to my house.’ — ‘Are you absolutely sure of what you are saying?’ — ‘Yes sir. He was not coming to my house. He stopped coming to my house when the baby was three years old . . . He sent the baby money until she was four years old. He sent money to the baby for a year, without going to the house.’ (Pp. 31 and 32 of the transcript of the record of the hearing of February 25, 1954.)”

To review the judgment we issued the writ of review at defendant’s request. Six errors are alleged to have been committed, which, in general terms, are directed to attack— on different grounds — the sufficiency of the evidence to establish the filiation granted, on the basis of uninterrupted possession by the plaintiff of status of natural child of Félix Sauri.6

The law in force at the time of the birth of the plaintiff, which is binding on us in order to determine her right to the acknowledgment,7 is § 193 of the Civil Code,8 as [680]*680amended by Act No. 73 of March 9, 1911 (Revised Statutes, 1911, § 3263), which reads as follows:

“The father is obliged to recognize the natural child:
“1.
“2. Where the child has uninterruptedly enjoyed the condition as of a natural child of the defendant father, justified by acts of the same father or of his family.
' “3.

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Bluebook (online)
82 P.R. 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berdecia-v-tyrell-howard-prsupreme-1961.