Discussion 1 October

10, 2009

PATERNITY AND FILIATION

Paternity and FIliation – relationship between the parents and the child, from the viewpoint of the father, is
called paternity. From the viewpoint of the child, it is called filiation.

 May be impugned by the husband, and in appropriate cases, by his heirs within 1 year.
 3 basic principles to impugn leg
1. Who has the capacity to impugn
i. Personal right of the husband. Heirs, as follows, may substitute:
1. Death, before the expiration of the period
2. Dies after the filing of the petition without desisting from the pet
3. Dies before the birth of the child whose filiation is being questioned.
2. What proceeding may the leg. Be impugned
3. What period?
1. 1 year from knowledge of birth or its registration, if the husband resides in the place
(city or municipality)
2. 2 years if not in city/municipality but in the phils
3. 3 years if abroad.
o How to interpret “knowledge” (knowledge of birth or recording if concealed)?
 1. 1, 2, 3 yrs should be counted from the birth (when the husband knew from the
moment that the child was born)
 If concealed, from the time of knowledge. But the problem is if it was concealed,
registration?
• 1 interpretation that the knowledge should also apply to the recording.
• 1 year should be counted from the time the registration was made because it
serves as constructive knowledge to the whole world about the birth of the child.
• Knowledge of birth, obtained after the birth. Superfluity to count from knowledge
of birth if it is not known to the husband. So prescription period is, more
logically, counted from the registration, regardless of whether at that time, the
husband knew or doubted that the child belongs to him.
o Ex. If the husband knew at the time of birth that his wife delivered a baby
in his presence, the presc. Period starts to run from that time even if the
husband, at that time, honestly believes that that child is his. Even if one
 year after, the child tells him that the son is his compadre’s, the
prescription will already run.
o Thus, prescription is construed against the father and for the child.
• Rule of prescription to be construed in the ff. manner
o Not registred, known – knowledge of birth if the husband knew at the
time of the delivery of the child, or:
o Not registered, concealed or not known – time he discovered or
subsequent knowledge of became aware of the birth subsequently by
any source.
o If registered, then from the time of registration, otherwise, the status of
the child will always be in question and this would counter to the very
policy/purpose of the law.
 The rules are strictly construed against the person initiating the petition.
 Another gray area in the provision – only the father and in appropriate cases, the heirs. But the heirs
contemplated by the law include all the heirs, compulsory or intestate, including the wife. But by
express provision, the wife is barred from impugning the legitimacy of her child. (heirs are not filing
in their personal capacity but as substitute parties). If constitute the purpose of art. 167, if the mother
cannot impugn the legitimacy of the child on her own person, so much more if she does it in
substitution of her husband.
 Rule that only the husband may impugn within 1 year in an appropriate proceeding, purposely
directed (does not allow collateral attack), apply only in a situation where the child is established to
be the child of the wife and it is only the husband who disputes that the child does not belong to him.
So that if the wife says that the child is not hers, this provision does not apply. In short, it
presupposes that the child was born to the wife.
o If in the particular case, the issue is whether or not the child of the mother or wife or both the
wife and the husband, you cannot apply the 1 year prescription, that the father is the only one
who can impugn; so that in this case, any interested party may impugn the legitimacy of the
child. And it may be done even collaterally (Catutal and all similar cases, important principles)
o Grounds for impugning the legitimacy of the child (look at the grounds)
 One of the grounds is through artificial insemination. The law says that to consider the
child born out of art. Insem., certain requirements:
• Written consent and it must be registered or ratification for ratification
• If the consent/ratification is vitiated to the art. Insemination, ground to impugn
legitimacy of the child. But failure to comply the condition or written consent or
to register the written consent is not a ground to impugn the legitimacy. May the
 husband still impugn? If his only ground was that there was no written consent
to the insemination? He cannot, under this paragraph (par. 3?). But he may
invoke some other grounds. (impossible for him to father the child or some
scientific or biological study or test results. Husband could not have fathered the
child. (DNA testing – 1. If the result of the DNA testing is negative or putative
father could not have been the father, that result is conclusive. There is no other
admissible evidence to rebut that he is not the father of the child. 2. If the result
is a father, there is a probability that he is the father. A. if it is less than 99.9
percent, it is corroborative evidence, it is not sufficient alone to establish
paternity, it needs other independent evidence. B. If the result is 99.9% or more,
it is a disputable result of paternity. It is sufficient unless it is contested by any
other evidence.)
 If the husband has the right to impugn, a child has a right to claim filiation whether it be illegitimate
or legitimate. Kinds of evidence/proof to establish filiation: (take care of it)
o An action to claim filiations does not prescribe so long as the child is alive. It is coterminous
with the lifetime of the child. IF the child dies during minority or becomes insane, his heirs
may claim 5 years from death or 5 years from the time insanity commenced.
o The same rule applies whether the child is legitimate or illegitimate. Except on whether the
evidence is of “open and continuous possession of the status of an illegitimate child….”, an
action to claim for filiation may be filed only during the life of the putative father.
o 1st kinds (records, admission of private instrument, public records), constitute as an act of
complete act of filiation. So that a child using any of these evidence may not go to court
unless the putative father is disputed.(private document, public record)
 Example: go to the employer to claim the death benefits of your father, only bring birth
cert and no judicial dec.
o 2nd kinds, final judgment is needed.
o But in any, if disputed, really have to go to court and present whatever evidence you have.

LEGITIMATION – process where an illeg is given the status of leg.

Requirements:

• Child must be conceived by parents who have no impediments to marry each other. Subsequent
marriage of parents metes out the illegitimation. So it is an operative fact. If child was conceived
when there were impediments, may only get through adoption.
 • Does not stop during marriage. During illeg out of wedlock, both should sign an affidavit of
legitimation and should be submitted to the civil registrar where the birth of the child was registered.

• Effect of legitimation shall retroact from the time of birth. The effect of marriage shall redound to the
benefit of the descendants of the child.

• Any person whose rights may be prejudiced may assail the validity of a legitimation. Applies to a
situation where successional rights are involved.

ADOPTION

The ones prevailing are the Domestic Adoption Act and the Inter-Country Adoption Law.

• Distinctions:

 Intercountry – last resort. If possible, a party may be able to adopt under either law. Person may not
chose because inter-country adoption is only a last resort. All efforts to resorting to an adoption
under the Domestic should be exerted.

o Under the inter-country adoption – this applies to the situation where the adopter is either an
alien or a Filipino permanently residing abroad. (May they avail under domestic based on this
requirement only? Yes. Because even if permanently abroad, may still resort to domestic
adoption only that there is a requirement of residency for 3 years prior to the adoption. Under
domestic adoption, it does not matter whether the adopter is a permanent resident or not. In
inter-country, must be a permanent resident or not.) Both may adopt, subject to requirements

o Age of Adopter – Domestic – legal age and at least 16 years older than adopted ; Inter-country –
at least 27 years.

o Adopted – Domestic – below 18; Inter-country – 15 years (or below? Check)

o Inter-country – cannot be identified with the person to be identified. Should not know the identity
of the person you want to adopt, because the matching process is mandatory. In Domestic,
matching process is not mandatory.
o Domestic – file with the RTC where the adopter resides. Inter-country adoption – the application
to adopt is filed either in the RTC having jurisdiction of the child to be adopted or the inter-
country adoption board through intermediate adoption agencies. Under Domestic – petition for
adoption is filed in the RTC in the Phils. And the corresponding decree is to be issued by that
same court. In inter-country – petition is filed abroad in the place where the adopter resides. The
decree for adoption is issued in that same court abroad.
1. Thus RTC has only an application to have the intention to avail of the intercountry
adoption. In the phils., initiate the process by applying with the RTC (with certain
documents), RTC will examine if sufficient in substance and requirements have been
complied with. If you have met these conditions and requirements, the RTC will forward
such to the board. The RTC will not conduct hearing because it is not the petition for
adoption itself.
2. After submission, the board will evaluate and begin the matching process. The board will
pick out from those children legally-free for legal adoption and see if this child will be
applicable to the particular adoptant.
i. There is a matching committee and this approval will be forwarded to the
intermediate agency.
ii. The prospective adopter shall be required personally fetch the adopter including all
the expenses to shoulder such.
iii. If the supervised trial custody does not result in a favorable result, may try with
other prospective adopters. After several tries, if it still does not work, child may be
brought back to the Phils.

o Requirement of Residence: Domestic – if an alien/Filipino who resides permanently abroad

intends to adopt, there is a requirement of a 3 year period of residency and until the adoption
decree is issued. Alien should possess all the requirements of that of Fils, and:
1. Diplomatic with the Phils
2. Allows the child to be brought to his country
3. Under his law, certification of capacity to adopt, from his country
i. May be waived:
1. Former Fil citizen and seeks to adopt a relative to the 4 th degree of
consanguinity
 2. Alien
3. Alien adopting jointly with the Filipino spouse
ii. Not required under inter-country because they are already residing abroad.
-In Inter-country – may jointly adopt with the other spouse
-Domestic – should adopt jointly except if he seeks to adopt his own illegitimate child, with the
consent of the other spouse, or seeks to adopt the legitimate child of his spouse or when legally
separated with the spouse.
-individuals may adopt so long as complies with the requirements. The problem is –who
becomes the mother? Or the mother?
-adoption is a purely judicial process without a court order. Without such, there can be no valid,
legal adoption.

EFFECTS:

• Retroacts to the filing of a petition. But this does not apply in the case of Tamargo because it will run
counter to the rule of vicarious liability. A 10 year old child shot his classmate and a petition of
adoption was filed in court but the custody was with the natural parents. SC: although adoption
retroacts to the time of filing, because the very reason between imputed liability doctrine or doctrine
of vicarious liability is negligent. Thus if the person is not exercising authority, it cannot be applied.
So the adopting parents were exonerated.
• 1. It shall make the adoptive child as a legitimate child of the adopter. It shall now use the surname
of the adopter, entitled to be supported and entitled to the right of succession.
o Before the domestic adoption, it was governed by the Child and Youth Welfare Code and
then the Family Code and then the Domestic Adoption Law. Under the family code, the
parental authority is terminated at the time of adoption. The child continuous to be an
intestate heir. But under the Domestic Adoption Law, article189 was not carried over. It
simply provides that the adoption shall produce the effect of making the adopter and the
adopted child beyond heir to each other. In so far as successional rights are concerned, they
have their reciprocal rights to inherit from each other. So that the adopter dies, the adopted
child inherits, subject to the rule of succession where the other heirs inherit from the
deceased.
o Under Domestic Adoption Law, the natural parents are excluded by the adopted parents
(legal and intestate succession) when the adopted dies without a will. There are heirs which
exclude each other. For purposes of adoption, if the adopted child dies, the estate goes to the
adopter, to the exclusion of the parents. If it is legal or intestate succession. But if the child
 dies with a will, it is possible that the natural parents may be instituted as one of the heirs
instituted by the adopted child.
 There is a portion that is a free and disposable portion which may be given to anyone,
so long as it does not prejudice the portion reserved to the compulsory heirs.
• Example: Adopter gets 50% and the free portion goes to natural parents 50%.
• Only in tesate succession, when there’s a will.
o When the natural parents dies, may the child inherit from the natural parents? Under the
family code, 189 par. 3, the adopted child shall remain an heir of the natural parents but not
incorporated under the domestic adoption act. 2 conflicting thoughts:
 1. Fact that it was not incorporated in the DAA, conveys the intention of the legislator
to delete such thought. Under this school of thought, the adopted child may not delete
from the natural parents because in the DAA, there is no provision that grants that
right.
 2. Adopted child may inherit from the natural parents. While the DAA contains a
repealing clause, there’s nothing in that repealing clause which expressly repeals 189
of the family code. There are those who advocate that implied repeal is not favored.
But the strongest argument is that this is favorable to the adopted child. Thus, in
matters in doubt, all laws should be construed in favor of the child.
 Sir more inclined that DAA intends that child may no longer inherit.
o While it is said that an adopted child enjoys the same rights and privileges as a legitimate
child, it is not entirely correct. Distinction:
 On the matter of representation: (Right of representation: ex. Heir to father and have
your own child. The Anak is the compulsory heir of the lolo. It is possible that the anak
dies ahead of the lolo and the anak subsequently dies, the apo will inherit from his lolo
by right of representation, not on his own right but as the right of representation.) The
right of the adopted child, on the other hand, is only limited to both the adopter and the
adoptee. But the child of the adopter may marry the adopted.

SUPPORT – everything needed for sustainance such as food, shelter, education, medical and
transportation.

• Law imposes on people the support of ascendants, descendants, etc.

• Law is demandable regardless of the cause or the age (not only those who have no means may
demand for support because even if the cause is attributable to the person who demands support,
support is demandable).
o Thus, even if the person decides to be a bum, person can demand support from a relative who
may have resources because the reason for support imposed the law is not based so much to
help the person in need but to spare society from having the burden to support those persons.
o Except: If the one to be supported or the one requiring are illegitimate brothers or sisters. The
person may not be compelled to support the other if the cause for need/support is attributable to
the brother/sister concered. Outside this, support is a demandable right.
o Entirely different that one is entitled to support for a particular amount because support is subject
to the ever changing demands of the person who needs support and the funds available for the
ones entitled to give support.
o Not only those enumerated. Strangers may be compelled to support. This is when a guardian
exercises parental authority or acts as a guardian to the child in the death or incapability.
o Instances where a stranger may give support:
 Granparents, brothers or sisters at least 21, or any person OK. Once a person exercises
parental custody or substitute parental authority, it comes with the obligation to support
the person under his authority.
 When a person dies and the victim is a person obliged to give support, the person
depending on support from the deceased, may compel the one who caused the death of
the deceased to support him. (if the heri of the deceased is not called to the intestate.
Because if he can inherit from the deceased, the law does not compel the stranger. Thus
if the deceased dies penniless, may go upon the deceased.)
o While support is demandable, it may be paid only after judicial demand:
 Support is demandable from the moment needs arise. But until there is judicial demand,
the person entitled to support may not be obliged to pay.
 Ex. Child is born, 2 years after, the mother did not demand support from illeg. Father. 6
years after, she demands judicially. The father is not entitled to pay from birth to 6 years
because there was no demand. It should start to run from the time there was demand.
 Extrajudicial demand – demand other than filing a demand in court. Ex. Text, letter, etc.
Or action in court. Failure to pay support is now a criminal offense. It constitutes child
abuse.
 If you are a person obliged to give support, you have an option (if the child does not live
with you) to give support to the mother for the purpose of the needs of the child. If you
want to keep the child, take the child with you and maintain him/her in the dwelling. That
already constitutes support. But not absolute.
• Not a valid ground if say that can’t support because mother won’t give custody, the
one entitled to support has no choice but give support to the mother for the child.
 • Illegitimate children should always be, as a general, should be in the sole parental
authority of the mother and shall follow the surname of the mother.
o But according to the Revilla law, he authored the law which allows
illegitimate children to use the surname of the father if the father consents.
Procedurally, only secure the affidavit of consent. Child cannot demand and
father cannot impose.

PARENTAL AUTHORITY – is exercised by the parents jointly. In absence, the so-called people are
allowed to exercise substitute parental authority.
• School/administrator/teacher/individual inst. Engaged in child-caring – special parental authority.
Substitute parental authority is different from special parental authority.
• In case a minor child causes injury to another, the parents are primarily liable—basis is doctrine of
imputed negligence. Defense is the doctrine of a good father to prevent the damage (1. Act or
omission of the child was not the cause of the damage. So he/she is not at fault. 2 nd Defense: even if
child is at fault, prove that you exercised the diligence of a good father.) Supposing the incident took
place while under the training of an institution in an activity authorized by the establishment, it may
be recoverable from:
o School, administrator, teachers/ individuals and institutions engaged in the institution-
primarily for the damage/liability.
o Parents – subsidiary liable
o Primary – demandable directly from that party; Subsidiary –demandable from the party only if
the person liable cannot pay and not does not pay.
o Ex. Court gives writ of execution to school, administrator, teacher-in-charge and cannot pay,
may now be enforced on the parents who are, by law, subsidiarily liable. If you are the
parents, prove that the failure to pay was due to the insuffiency (with evidence) so that the
parents may pay.
 If the presence of the child is for a legitimate purpose (even relaxation), then the
school is liable. (no need to file a separate action. Just need to file a motion to implead
subsidiary liability. But nothing prevents you from filing a separate action)
 If parents were able to prove that they exercised the due diligence of a father, who can
be held liable?
• Art. 2181 of civil code – whoever pays for the damage caused by another under
his custody…. If the teacher may have paid from the damage caused, he may
demand that it be paid by the child. At the end of the day, it is thechild who is
 liable. Liability of the administrator is not even solidary liability. He may recover
everything from the person responsible.

CORRECTION ON ENTRIES
• Correction on the entries of the local civil registrar cannot be done without a court order. Petition for
change entry in the local civil registry. (boy or girl)
• Now, modification of the rule is that it is allowed by change of first name by administrative process—
may be done by the office of the civil registrar. Covers:
o Typographical/clerical errors committed by the personnel in the copying, typing, etc. of the
data like error in the date of birth or misspelling of the name. These are innocuous errors,
may be corrected.
• Status, Age, sex, nationality require judicial proceedings and may not be changed judicially.

POINTERS: