Camacho v. Balasquide

19 P.R. 564
Procedural entryThis page is a short order in Camacho v. Balasquide. Read the opinion of the Court — 19 P.R. Dec. 590
Supreme Court of Puerto Rico·Decided May 29, 1913·No. No. 836·Published

Opinion

Mr. Justice MacLeary

delivered the opinion of the court.

On January 30, 1911, an amended complaint was filed herein in the District Court of San Juan, by which the minor, Enrique Camacho, represented by his mother and defender, Martina Camacho, maintained an action against Antonio Ba-lasquide Grómez, brother of Ramón Balasquide Grómez, asking that he, the said Enrique Camacho, be declared to be the natural and acknowledged son of Ramón Balasquide Grómez and his sole heir, in default of á last will and testament.

He bases his suit on the following grounds:

First. — That Ramón Balasquide Grómez and Martina Camacho, both unmarried, publicly and openly maintained and displayed illicit relations with each other for a period extending over two years.

Second. — That during such illicit relations and as a result thereof, the plaintiff, Enrique Camacho, was generated and born on August 14, 1908, there having been, neither at the time of such procreation or birth, nor before nor after, nor [566]*566at any time, any impediment to prevent the marriage of the father and mother of the child.

Third. — That during the pregnancy of the mother of the plaintiff the said Ramón Balasquide Gómez maintained her in a house the rent of which, together with the cost of her subsistence, he duly paid.

Fourth. — That on the birth of the plaintiff Ramón Balas-quide Gómez acknowledged him to be his natural son and admitted and declared him so to be to various persons; that from the time of the birth of the said plaintiff up to the death of Ramón Balasquide the latter met all the requirements of the child and of the mother, paying their expenses, purchasing clothes and food for them, and acting in a general and unequivocal manner as the father of the said child, bestowing upon him the care and attention of a father and preserving such relations up to the time of his (Ramón Balasquide’s) death.

Fifth. — That on March 13, 1910, the said father, Ramón Balasquide Gómez, died unmarried and intestate, leaving no legitimate heirs in the ascending or descending line and no natural descendant other than the plaintiff.

Sixth. — That subsequently the defendant herein, Antonio Balasquide Gómez, brother of Ramón Balasquide Gómez, was, in ex parte proceedings, declared by the District Court of San Juan, to be the ab intestaio heir of the latter without prejudice to the superior rights of any third party.

The defendant filed his answer in opposition to the complaint, and denied .that Martina Camacho was single or that she had engaged in concubinage with Ramón Balasquide Gó-mez in a glaringly open and public manner, or that as a result thereof the plaintiff herein was procreated and born on August 14, 1908; or that Ramón Balasquide had kept or visited Martina Camacho, paying her house rent and living expenses, and that he made admissions and statements declaring the plaintiff to be his son, supplying his necessities and fulfilling the duties of a father toward him; and, further, denied that [567]*567any such state of relations existed between the plaintiff and Balasqnide np to the time of the latter’s death. The defendant farther alleged in his answer as new matter that Martina Camacho had divers children as the result of her illicit relations with sundry persons, none of whom was Bamón Balasqnide Gómez; that she was engaged in domestic service at several houses and had no home of her own, being in the habit of going on the streets, by night and by day, to follow np her illicit relations; that Bamón Balasqnide G-ómez had' made statements to the effect that he had no children, and that, with the exception of his brother, he had no one to whom he could leave his property at his death in the event of his demise.

The trial of the case took place before Hon. Charles E. Foote, district judge, beginning on July 14, 1911, and continued for several consecutive days thereafter. Both parties were represented by their respective attorneys and evidence was offered by each side, a part thereof being admitted for the consideration of the court and several exceptions being taken to the exclusion of the portion rejected as well as to certain of the other rulings made by the court, all of which appears from the statement of the case forming part o,f the record in this action, which is found in the record.

On August 9, 1911, the court rendered its judgment in this case holding that the facts and the law were in favor of the plaintiff and against the defendant, and declaring the plainT tiff, Enrique Camacho, to be the natural and recognized son and sole and universal heir of Bamón Balasquide Gómez, as the fruit of the latter’s connection with Martina Camacho, and assigning to the said Enrique Camacho all the rights and obligations attaching to his condition as the natural -recognized child and universal heir of Bamón Balasqnide Gómez,, also adjudging costs against the defendant. Notice, of this judgment was duly served on defendant on August 15, 1911, as required by the statute.

After the trial the court prepared its findings of fact and [568]*568conclusions of law in this case, making a statement of such matters as it considered to be proved and setting out certain legal conclusions by virtue of which the plaintiff, in accordance with the Civil Code of 1902 and the jurisprudence of this Island, was adjudged to be the natural and recognized child of Ramón Balasquide and the sole heir to his estate. The defendant took an appeal from the judgment rendered against him, under advice of counsel, and has submitted to this Supreme Court the transcript of the record, in due course, properly certified to by the respective attorneys of the several parties.

The findings of fact and conclusions of law reached by the trial court read substantially as follows:

BINDINGS OB BACT.

1st. That Ramón Balasquide Gómez was white, of age, single, and a resident of San Juan; and that Martina Camacho is white, of age, unmarried, of domestic occupation and also a resident of San Juan.

2d. That on the night of August 14, 1908, Martina Camacho gave birth to a white child, to whom the name of Enrique was given, said child being the plaintiff herein.

3d. That for a year or more, up to the birth of the child Enrique, Ramón Balasquide Gómez maintained illicit relations with Martina Camacho and these relations had begun while she was living as a servant in the house of said Ramón Balasquide Gómez.

4th. That while Ramón Balasquide Gómez was holding said illicit relations with Martina Camacho, when she was living at the house of Balasquide as a servant, he had carnal connection with her on several occasions, she thereby becoming pregnant.

5th. That Ramón Balasquide Gómez rented a house in Santurce, San Juan, during her pregnancy, where he took her to live; that during all the period of her pregnancy Balas-quide paid the house rent and all other expenses of Martina [569]*569Camacho, and during all this time he visited the house on several occasions, and also walked with her through the public places of this city and treated her as his concubine, having also made statements to the effect that he had no suspicions whatever as to her being unfaithful to him, stating, moreover, that he had confidence in her, and that he was very happy to see that he had realized in her his wishes of having a son.

6th.

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