De Asis vs Court of Appeals Summary

MANUEL DE ASIS, petitioner, vs. COURT OF APPEALS, HON. JAIME T. HAMOY, Branch 130, RTC, Kalookan City and GLEN CAMIL ANDRES DE ASIS represented by her mother/guardian VIRCEL D. ANDRES, respondents

G.R. No. 127578 | 1999-02-15

Support, the right to receive support is personal and cannot be renounced nor transmitted to a third person nor compromised
Paternity and filiation or the lack of the same is a relationship that must be judicially established and it is for the court to declare its existence or absence. It cannot be left to the will or agreement of the parties

D E C I S I O N

PURISIMA, J.:

Petition for certiorari under Rule 65 of the Revised Rules of Court seeking to nullify the decision of the Court of Appeals which affirmed the trial court's Orders, dated November 25, 1993 and February 4, 1994, respectively, denying petitioner's Motion to Dismiss the Complaint in Civil Case No. C-16107, entitled "Glen Camil Andres de Asis, etc. vs. Manuel de Asis", and the motion for reconsideration.

The pertinent facts leading to the filing of the petition at bar are, as follows:

On October 14, 1988, Vircel D. Andres, (the herein private respondent) in her capacity as the legal guardian...