Miranda v. Cacho Vega
Miranda v. Cacho Vega
Opinion of the Court
delivered the opinion of the Court.
On May 24, 1945, the appellant herein, “as mother with patria potestas over her minor daughter Carmen Lydia Miranda,” brought an action against the appellee wherein she prayed for a judgment declaring said minor an acknowledged natural daughter of the appellee, and “for any other proper relief.” The appellee answered and denied all the averments of the complaint. The district'court, on November 16, 1945, rendered judgment declaring: (a) that the paternity of the defendant with respect to the plaintiff Carmen Lydia Miranda had been proven; and (b) that, although the defendant is the father of the plaintiff minor, the latter “has not the status of a natural daughter hut that of an illegitimate child” only entitled to claim support from her father pursuant to §§ 128 and 143 of the Civil Code, 1930 ed. Upon an appeal being taken to this Court, said judgment was affirmed on July 26, 1946. See Miranda v. Cacho, 66 P.R.R. 521. On, Sep
The only question involved in this appeal is whether the defendant-appellee is bound to pay the allowance for support granted to the minor, from May 24, 1945, the date on which the action of filiation was commenced, or from September 24, 1946, the date on which suit was brought in the lower court claiming that allowance.
The appellant urges that the allowance for support should be paid to the minor from May 24, 1945, the date on which the action of filiation was brought, because in said action prayer was made not only that the court declare the defendant the natural father of the plaintiff but also that it grant ■“any other proper relief.” The appellant contends that the latter phrase includes a prayer for support; and that, therefore, said support was prayed for in the action of filiation and should be granted from the date on which the action was brought, pursuant to § 147 of the Civil Code, 1930 edition, which reads thus:
“The obligation to support may he claimed from the time the person having a right thereto shall require such support; but it shall not begin until the date on which a petition therefor is made.”
. “The Civil Marriage Act, by its Section 74, bad established tiiat the obligation to give support might be enforced whenever the person having a right to claim it required such assistance; but it was silent as to the date from which it should be paid in case the person having the right thereto claimed it, not when his need arose, but some time afterward, and the silence of the law gave rise to some doubts as to the period during which that obligation was due.
“The adjudicated cases solved this difficulty, in the sense that support was owed only from the date it was claimed, and pursuant to those decisions, the original provisions were supplemented by providing that support shall only be paid from the date of the filing of the complaint. Support is intended to meet a pressing need, without which the obligation would not be enforceable, and the law assumes that said need does not exist unless a judicial claim is made therefor.”
In the instant case, support was claimed for the first time on September 24, 1946, and it is from that date that the obligation to pay arises, according to § 147, supra, which provides that it shall only be paid from the date of tire filing of the complaint. ríhe lowér court did not err in granting
The order appealed from should be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.