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Marcelo Sotto vs. Filemon Sotto, Et Al.

MARCELO SOTTO, plaintiff-appellee, vs. FILEMON SOTTO, represented by the temporary guardians: VICENTE A. MIRANDA and DR. SUGA SOTTO YUVIENCO, guardian-appellant, CESAR SOTTO and SERGIO R. ALFAFARA, co-guardians.

G.R. No. L-20921 | 1966-05-24

D E C I S I O N 


CONCEPCION, J.: 

In his complaint, plaintiff Marcelo Sotto prays that he be declared an illegitimate, other than natural, son of defendant Filemon Sotto, hereinafter referred to as the defendant, based upon his (Marcelo's) alleged possession of the status of an acknowledged spurious child of said defendant. 

Inasmuch as, by reason of his advanced age, the latter was confined in a hospital and there were doubts about his mental capacity or, at least, his capacity to adequately defend himself in this case, the Court of First Instance of Cebu, in which the same was commenced, had, in another proceedings,...