FIRST DIVISION
[G.R. No. 214721. August 17, 2015.]
JAMES ANTONIO CATAPUSAN, petitioner, vs. BERMUDA I. CATAPUSAN AND MAE ANTONETTE I. CATAPUSAN, REPRESENTED HEREIN BY BERMUDA I. CATAPUSAN, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated August 17, 2015 which reads as follows:
"G.R. No. 214721 (James Antonio Catapusan v. Bermuda I. Catapusan and Mae Antonette I. Catapusan, represented herein by Bermuda I. Catapusan).
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the April 18, 2012 Decision 1 and August 15, 2014 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CV No. 00101 for failure of petitioner James Antonio Catapusan (petitioner) to sufficiently show that the CA committed any reversible error in finding the amount of P4,000.00 as reasonable monthly financial support for his illegitimate child, respondent Mae Antonette I. Catapusan (respondent).
Under Article 195 (4) 3 of the Family Code, a parent is obliged to support his illegitimate child. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family. 4 The amount thereof is variable and may be reduced or increased proportionately according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to support. 5 In this case, the CA correctly found that the amount of P4,000.00 as monthly support for respondent is reasonable and not excessive or exorbitant, more so since petitioner himself had proposed to pay the said amount in the proceedings before the court a quo, knowing fully well his own means and capacity to provide. As such, he cannot now claim the contrary; perforce, the instant petition must be dismissed. cTDaEH
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 105-119. Penned by Associate Justice Nina G. Antonio-Valenzuela with Associate Justices Edgardo L. Delos Santos and Abraham B. Borreta concurring.
2. Id. at 134-135. Penned by Associate Justice Edgardo L. Delos Santos with Associate Justices Pamela Ann Abella Maxino and Marie Christine A. Jacob concurring.
3. ART. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:
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4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and
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4. Montefalcon v. Vasquez, 577 Phil. 383, 399 (2008); citation omitted.
5. See id.; citation omitted.