The provincial Prosecutor of Valencia has filed an appeal against the sentence attributed by the paternity of the Valencian Javier Sánchez Santos to the singer Julio Iglesias with the argument of being "res judicata", and calls for the dismissal of the procedure.
In a letter addressed to the Court of First Instance number 13 of Valencia to proceed to refer it to the Audience of Valencia, the Prosecutor's Office appealed the judgment of July 9 that considered that the evidence was sufficient to appreciate that paternity, a ruling that the lawyer The artist also announced that he would resort.
In this procedure, the Prosecutor's Office considers that there is "the triple identity, subjective, objective and cause of request" to assess the thing judged, based on the legal certainty of avoiding continuous processes on the same issue and preventing a contest from returning to consider, according to the text of the resource.
He argues that the parent, María Edite Santos, acted on behalf of her son, not in her own name, in a previous verbal trial and, if there is any doubt, the plaintiff himself appeared in the appeal and filed the appeal that of amparo, without the claim being different.
In a June 3 car, the exception of res judicata raised by the prosecutor and the defendant's representation were dismissed, which was appealed and dismissed again.
In the continuation of the trial, the proposed means of proof were practiced without practicing the biological test requested with respect to Julio Iglesias, having dismissed the exception of res judicata.
For the Office of the Prosecutor, in the order of June 3 it was reasoned "in a wrong way" since it is considered pure formalism, legal artifice, lacking real content or pure discretionary or routine decision of the legal draftsman of the lawsuit the fact of exercising actions on behalf of a minor child or in his own name, he would leave the actions exercised by the parents without virtuality.
And especially, he adds, when requested by the mother on behalf of the youngest child coincides with his request once he has reached the age of majority.
"There is, therefore, neither true nor real change in the subjects of both processes so that the subjective identity required for the assessment of the material thing judged between them concurs," according to the Prosecutor's Office.
. (tagsToTranslate) Fiscalia (t) Valencia (t) paternity (t) Julio (t) Iglesias