JESSE U. LUCAS
vs. JESUS S. LUCAS
G.R. No. 90710,
June 6, 2011
“x x x.
To address respondent’s contention that
the petition should have been adversarial in form, we further hold that the
herein petition to establish filiation was sufficient in form. It was indeed
adversarial in nature despite its caption which lacked the name of a defendant,
the failure to implead respondent as defendant, and the non-service of summons
upon respondent. A proceeding is adversarial where the party seeking relief has given
legal warning to the other party and afforded the latter an opportunity to
contest it.[1] In this petition—classified as an action in rem—the notice requirement for an
adversarial proceeding was likewise satisfied by the publication of the
petition and the giving of notice to the Solicitor General, as directed by the
trial court.
X x x.”
