ESTATE OF ARCADIA GAHUL, DECEASED. ANDRES GARCIA, ADMINISTRATOR AND APPELLEE, VS. FRANCISCO GAHUL, APPELLANT.

In these intestate proceedings of the deceased Arcadia Gahul, the
Court of First Instance of Batangas, ruling against Francisco Gahul’s
contention that he is a legitimate brother of the decedent, held that
he is no brother of said Arcadia Gahul, and has therefore no right to
succeed to her.

The errors assigned by counsel for Francisco Gahul are:

“1. The lower court erred in not holding Exhibits A
and B, supported by parol evidence, sufficient proof that Francisco
Gahul and Arcadia Gahul are brother and sister, and legitimate children
of the spouses Ludovico Gahul and Fermina Gaa.

“2. In holding
that Francisco Gahul is not a brother of Arcadia Gahul, and that the
latter is a natural daughter of Celedonia Gahul, basing its conclusion
on the hearsay testimony of the parish priest, Cecilio Punzalan, and on
Exhibits 1 and 2.”

The judgment appealed from, among other things, states:

* * * * * * *

“As far as
the evidence taken lay this court goes, it has been sufficiently shown
that the deceased Arcadia Gahul was a natural daughter of Celedonia
Gahul, who died single. It is true that according to Exhibit A, Arcadia
Gahul’s baptismal certificate, she is a legitimate daughter of Ludovico
Gahul and Fermina Gaa. But said document, Exhibit A, is proof only of
the baptism, with which it is concerned, and not of the baptized
person’s parentage. The same thing may be said of Exhibit 1, which is
proof of the religious marriage of Andres Garcia and Arcadia Gahul, but
not of their parentage. The two documents are at odds with respect to
Arcadia GahuPs parentage. According to the first, she is a legitimate
daughter of Ludovico Gahul and Fermina Gaa, and according to the
second, she is a natural daughter of Celedonia Gahul, father unknown.
But as said documents throw no light on the fact in question sufficient
to reach a definite conclusion, we are compelled to resort to the rest
of the evidence adduced by the parties.

“Father Cecilio
Punzalan, who has long been the parish priest of the town of Taal, of
this province, where the families of Arcadia Gahul and Francisco Gahul
have always resided, and whose veracity cannot be doubted, is the one
who has satisfactorily shown that Arcadia Gahul is not a daughter of
Ludovico Gahul and Fermina Gaa. When Andres Garcia wanted to marry her,
he had to ask for her hand from Celedonia Gahul, her natural mother.

“It
is she who intervened in Arcadia’s wedding, and gave her maternal
consent, without which it would not have taken place. By reason of
these circumstances, and because Arcadia Gahul was publicly reputed to
be Celedonia’s natural daughter, Father Punzalan so stated in the
marriage certificate, he himself having solemnized the union.

“If
Francisco Gahul and Arcadia lived and grew up together in the same
house, there is nothing to wonder at in it, since Ludovico Gahul,
Francisco’s father, was the only married brother in the family. There
were seven in all, of whom five were women and single, named Maria,
Celedonia, Elena, Romana, and Eufemia, and the other sister named
Dolores, was married to Basilio Leonor. As Celedonia Gahul gave birth
to a natural child, Arcadia, it is logical that the latter should live
with her mother, Celedonia, who in turn lived, together with the rest
of her sisters, with their only brother, Ludovico Gahul, who was
married and the father of1 plaintiff Francisco Gahul.

“The
testimony adduced for that purpose is confirmed by Exhibit 2, which is
a questionnaire of the China Mutual Life Insurance Company, Limited,
Francisco Gahul insured himself in said company, and in the
aforementioned questionnaire, Exhibit 2, he wrote answers incompatible
with his present contention, that he is a brother of Arcadia Gahul, who
died in June, 1926. Among his answers to said questionnaire, dated
November 23, 1922, appears the fact that a sister of his died at the
age of forty-six (46) years, from a cause unknown to him, and that he
had other brothers and sisters, who died before he was born.

“If
on November 23, 1922, which is the date of Exhibit 2, he was the sole
surviving child of Ludovico Gahul and Fermina Gaa, Arcadia Gahul can
ill be his sister, since on said day, November 23, 1922, Arcadia Gahul
still lived, having died, as stated above, in June, 1926. The sister to
whom Francisco Gahul doubtless alluded in Exhibit 2, as having died at
the age of 46 years, was Crisanta Gahul, who, according to Exhibit D,
died on March 11, 1922, some months prior to the date of the document
Exhibit 2.” (Pages 20, 21, 22, and 23, Bill of Exceptions,)

This court cannot deviate from the findings of fact contained in
these paragraphs because the transcript of the stenographic notes taken
during the trial of the case has not been brought up.

As to the scope and effect of the baptismal certificate, the facts
therein set forth which may constitute sufficient proof are those
certified to by the parish priest from his own personal knowledge, such
as the administration of the sacrament on the day, and in the place and
manner set forth in the certificate; but the statements made therein
touching the parentage of the person baptized, are not considered
included in the certification of that canonical document. It has been
so held by the Supreme Court of Spain in several decisions, and by this
court, as may be seen in the cases of Adriano vs. De Jesus (23 Phil., 350), and Remigio vs. Ortiga (33 Phil., 614).

Inasmuch as the facts proven cannot be determined by a review of the
parol evidence, the latter not having been brought up, and inasmuch as
the conclusion reached by the court below from the facts which it held
proven in its decision is in accordance with the law, the judgment
appealed from must be, as it is hereby, affirmed with costs against the
appellant. So ordered.

Avanceña, C. J., Johnson, Street, Villamor, Johns, and Villa-Real, JJ., concur.