The Supreme Court has rejected the appeal presented by the Valencian lawyer Javier Sánchez for the inadmissibility of his paternity case against the singer Julio Iglesias by the Civil Chamber of this same court, which considers that the matter is “Juged thing“.
The legal representative of the alleged son of Iglesias, the Sevillian lawyer Fernando Osuna, has confirmed to EFE that he was waiting for this resolution and that he already has “everything ready to go to the Constitutional Court and to Strasbourg”, if necessary, because “Justice and procedural issues cannot contradict scientific truth“.
As stated in the order of inadmissibility of the aforementioned appeal, to which EFE has had access, the prosecutor also interested in the inadmissibility of the same. In the Court’s opinion, the appeal “actually raises a procedural issue unrelated to the appeal, with lack of justification of the cassational interest in the resolution of the resource and nonexistence of the same that cannot be related to procedural questions “.
The high court recalls that the Valencia Provincial Court “did not enter into the merits of the substantive issue” when assessing “the effect of res judicata”, given that the alleged son had already filed other legal actions previously.
The tenth section of the Provincial Court revoked in May 2020 the sentence by which the 13th Court of First Instance of Valencia upheld the paternity claim presented by Javier SS, 44, against the singer Julio Iglesias. The audience upheld the appeals presented by the defendant and the Prosecutor’s Office when assessing the “res judicata” exception.
For the lawyer of the supposed son of the singer, however, res judicata in these cases does not prevail since “you have to find out the scientific truth, the material truth, to know if a person is the daughter of another. “When initially initiating this process, the plaintiff presented a DNA test that was carried out on a bottle used by Julio José Iglesias, son of the famous Spanish singer, who resides in United States, and that he fell out of his car while parking on a beach.
According to this part, the DNA test carried out concludes “undoubtedly” that Javier Sánchez and Julio José Iglesias have the same father. This lawyer has already announced that he would initiate an action before the Constitutional Court with the intention of modifying article 222 of the Civil Procedure Law in filiation processes.
Said article prescribes the so-called res judicata and, therefore, the impossibility of hearing the same matter again when has been resolved by final judgment, despite the fact that, as Javier Sánchez’s lawyer assures that happens in this case, evidence is subsequently obtained that reveals the paternity claimed and already tried.
Likewise, in case of having to go to the European Court of Human Rights in Strasbourg, Osuna considers that “there are at least eight cases very similar to this one, all of them with favorable pronouncements to know the scientific truth above other procedural considerations.”
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.