Luz v. Teresa

77 P.R. 862
CourtSupreme Court of Puerto Rico
DecidedJanuary 28, 1955
DocketNo. 11119
StatusPublished

This text of 77 P.R. 862 (Luz v. Teresa) 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
Luz v. Teresa, 77 P.R. 862 (prsupreme 1955).

Opinion

Mr. Justice Sifre

delivered the opinion of the Court.

Plaintiffs brought this suit in the former District Court of Puerto Rico, San Juan Section — later transferred to the Bayamón Part of the Superior Court — alleging in their complaint three causes of action: first, to declare that the defendants are the natural children of Félix Alvarez Santana; second, that it be decided that one-half of the property described in the complaint belongs to plaintiffs as sole heirs of their mother, Victoria Alvarez, because it was acquired by plaintiffs’ parents, in equal parts, through the labor and earnings of both, while living in concubinage; and third, to order the division of the common ownership of the real property by public sale and proportional distribution of the proceeds. The defendants answered opposing plaintiffs’ claims. A pretrial conference was held and the case was subsequently heard on its merits. Judgment was rendered partly for plaintiffs, as to the first cause of action, and adverse as to the others. They appealed and assigned three errors.

It is alleged in the first assignment that the court erred in holding that appellants were the natural children of Félix Alvarez Santana, “but for the sole purpose of bearing his surname...”

In the first cause of action — of filiation — in which the court made a partly adverse pronouncement, appellants alleged that they are the children of the said Félix Alvarez, “born while he was living in concubinage with Victoria Alvarez,” one in 1922, another in 1924, and the others in 1927, [865]*865and prayed that judgment be rendered acknowledging their condition or status of natural children.

The appellees admitted at the pretrial conference that appellants were in fact the children of the said Félix Alvarez, but stating, however, that “it is up to the court to determine on the evidence the classification of such children, whether natural, legitimate, or adulterine... ” 1

The judgment is based on a number of conclusions reached by the court to the effect that appellants were the children of Alvarez Santana, “born while living in concubinage with Victoria Alvarez and while he was married to Obdulia Alvarez,” and that “by reason of the legislation in force on the date of their respective births, and since they were conceived and born while their father... was married to another woman..., they are merely natural children..., but for the sole purpose of bearing his surnane but not of inheriting from him.” Act No. 229 of May 12, 1942 (Sess. Laws, p. 1296), as amended by Act No. 243 of May 12, 1945 (Sess. Laws, p. 814); Vargas v. Jusino, 71 P.R.R. 362.

Section 2 of the act mentioned in these conclusions provides in part as follows: “Children born out of wedlock prior' to the date this Act takes effect, and who- lack the qualifications of natural children according to previous legislation,, may be recognized for all legal purposes by the voluntary-action of their parents, and in their default, by that of the persons having the right to inherit therefrom... In case the children referred to in this section are not recognized by the voluntary action of their parents, and in default of the latter by that of the persons having the right to inherit therefrom, said children shall be considered as natural children for the sole purpose of bearing the surname of their parents ... It being understood, however, that such a recognition shall only have the scope herein expressed(Italics, ours.)

[866]*8661' Appellants contend, as we have seen, that the court erred in rendering judgment acknowledging the right to bear their father’s surname but not the right to inherit from him, which contention is based on the admission of the appellees, both at the pretrial conference and at the trial, that appellants were the children of Alvarez Santana,,which in their opinion is tantamount to the voluntary recognition of their status or condition of natural children, “for all legal purposes”, referred to in § 2 of Act No. 229 of 1942, as amended by Act No. 243 of 1945.

■ We cannot share this view which, in our opinion, is mani.festly ■ erroneous. When appellees admitted that their adversaries were the children of Félix Alvarez, they merely relieved plaintiffs from the burden of proving it at the trial. The fact that it was established by an admission does not ■entail a different consequence from that which would have arisen if appellants had been required to prove it by proper evidence, and that consequence could be none other than the acknowledgment of their right to bear his surname, pursuant to the provisions of the Act, since they were born prior to its effectiveness, at which time they lacked “the condition of natural children, according to prior legislation.” 2 The sole purpose of that admission, as already stated, was to avoid the introduction of evidence on an essential fact to support the first cause of action, and which was meant to obtain the only thing available to appellants under the law.

We need not discuss whether or not the record of the pretrial conference is a public document, or the means for establishing the existence of voluntary recognition mentioned in Act No. 229, as amended, for in the case at bar the voluntary action of recognizing the appellants as children of Alvarez Santana, for all legal purposes, is entirely lacking.

Appellants contend that the pretrial conference was held at the instance of the appellees, and that the latter, [867]*867forced heirs of Álvarez Santana, “of their own volition, freely and spontaneously admitted that the plaintiifs-appellees were the children of the same father..., that is, they voluntarily admitted the paternity.. .thereby making a voluntary acknowledgment,” adding that “there was no controversy as to the action of filiation. On the contrary, plaintiffs-appellants were recognized by voluntary action, thereby expressly complying with Act No. 229 of May 12, 1942.. ., as amended by Act No. 243 of May 12, 1945...”

The appellees had a perfect right to request a conference. Moreover, it was the duty of the attorney for the appellees to request one if in his opinion the issues could be simplified thereby and the presentation of evidence avoided as to one or more matters involved in the litigation; and it cannot be inferred from that fact that the action of the attorney was motivated by purposes alien to those of Rule 16 of the Rules of Civil Procedure, or to bring about consequences other than those resulting normally and which may be anticipated from that proceeding. After the conference was held, it was the duty of the attorney to cooperate in order that the said Rule might serve its purposes, and without doubt the attorney for the appellee would have been reprehensibly obstinate if, knowing that appellants were the children of Álvarez Santana, he had refused to admit it, compelling them to offer evidence at the trial in support thereof. The pretrial conference is not likely to succeed without the hearty and decided co-operation of the bench and the bar, and the authorities stress the importance of that cooperation. In this connection, the Supreme Court of Wisconsin expressed its opinion in Klitzke v. Herm, 242 Wis. 456, 8 N.W.

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Klitzke v. Herm
8 N.W.2d 400 (Wisconsin Supreme Court, 1943)

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Bluebook (online)
77 P.R. 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luz-v-teresa-prsupreme-1955.