Cruz v. Quiñones
Cruz v. Quiñones
Opinion of the Court
delivered the opinion of the court.
The natural children of Crescencia Cruz named Eosa Elisa, Eita, Ursula, Víctor, Ana María and Luisa, the first three acting for themselves and the others being represented by their mother because they were minors, brought an action of filiation against Luis Quiñones Aymard alleging that they were his natural children; that they were born between November 25, 1894, and November 3, 1905, the dates'of their respective births beings specified, while their parents, who were single and without legal impediment to marry, were living in public concubinage; that they were always treated by defendant Luis Quiñones Aymard as his children, he referring to them as such in public and private conversa
The grounds of the appeal as presented by the appellant are that the trial court erred in holding that the evidence of the plaintiffs was sufficient and that as the children were born when different codes were in force the evidence introduced by the plaintiffs does not establish with accuracy the respective acts of acknowledgment regarding each of the alleged children. Hence, both questions refer to the sufficiency of the evidence.
Four of the plaintiffs, their mother and. fifteen other witnesses testified at the trial and it appears from th'e whole of the testimony that defendant Luis Quiñones Aymard had amorous relations with the mother of the plaintiffs for several years, although they did not usually live in the same house; that the six plaintiffs and a sister who died wore the progeny of such amorous relations; that during that time and thereafter the defendant considered them his children, treating them as such in the presence of different persons and saying to some persons that they were his children, and that he supplied.the money for their support and education until shortly before the action was brought.
The appellant maintains that the evidence was insufficient because it was not proved that during the periods of pregnancy and confinement Crescencia Cruz and Luis Qui-ñones were known to be living as husband and wife, he caring for her and paying her expenses.
Section 135 of the Spanish Civil Code, which was in force when the first four plaintiffs were born, prescribes that the father is obliged to acknowledge the natural child in the following cases: 1, When an indisputable paper written by him, expressly acknowledging his paternity, is in existence.
The appellant also alleges that it was not proved that the defendant treated the plaintiffs publicly and privately as his children by speaking of them as such in public and private Conversations, supporting and educating them as such children; but the evidence is convincing to the contrary.
In his brief and argument the appellant insisted that this case is similar to the case of Méndez v. Martinez, 21 P. R. R. 238, and that following the doctrine laid down in that ease, we should hold that the evidence is insufficient and
The appellant finally alleges that the plaintiffs did not prove that tlieir parents could have married with or without dispensation at the time of their conception, in order to give them the status of natural children under section 119 of the Spanish Civil Code, because the civil status of the parents was not established and no evidence was offered that they were over 23 years of age, or that they had obtained the permission to marry required by section 45 of the Spanish Civil Code. That permission was given by parents to their minor children in order that they might marry, and was not the dispensation referred to in section 119 of the Spanish'Civil Code, for that was a dispensation for absolvable impediments to marry; and
The judgment appealed from must he
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.