Paternity and filiation

PATERNITY MATERNITY FILIATION

IS THE CIVIL IS THE CIVIL IS THE CIVIL
STATUS STATUS STATUS
RELATIONSHIP RELATIONSHIP RELATIONSHIP
OF THE OF THE OF THE CHILD
FATHER TO MOTHER TO TO THE MOTHER
THE CHILD THE CHILD OR FATHER
Paternity, Maternity and filiation then implies relationship.
FILIATION

“It is settled, then, in law and jurisprudence, that the status

and filiation of a child cannot be compromised. Public policy
demands that there be no compromise on the status and filiation
of a child. Paternity and filiation or the lack of the same, is a
relationship that must be judicially established, and it is for
the Court to declare its existence or absence. It cannot be left
to the will or agreement of the parties.”

(Surposa Uy v Ngo Chua, G.R. No. 183965, September 18, 2009)

(De Asis v Court of Appeals, G.R. No. 127578, February 15, 1999)
 Art. 163. The filiation of children may be by nature or by adoption.
Natural filiation may be legitimate or illegitimate.

Legitimate
i) Legitimate proper
By nature [Article 164]
ii) Legitimated [Article 167-172]
iii) Those conceived through
artificial insemination.
Classification By adoption
Of Filiation RA 9552 [domestic
Adoption Act]
Illegitimate
RA 8043 [Inter-
country Adoption [Articles 165, 175, 176]
Act]
LEGITIMATE CHILDREN:
 a. Children conceived or born during the marriage of the parents are legitimate.
 b. Children conceived as a result of artificial insemination of the wife with the
sperm of the husband or that of a donor or both are likewise legitimate children
of the husband and his wife, provided, that these requisites concur-
1. Authorization or ratification of the insemination by both husband and wife.
[Note: authorization occurs before the insemination; ratification happens after
the insemination].
2. The authorization or ratification must be in writing.
3. The instrument must be executed and signed before the child‘s birth by
both the husband and wife.
4. The instrument must be recorded in the civil registry together with the birth
certificate of the child.
ILLEGITIMATE CHILDREN:
 General Rule: Children conceived and born outside a valid marriage are
illegitimate, unless otherwise provided in this code.
 Exceptions:
a. Children of voidable marriages
b. Children of void marriages in two instances
i) Children conceived of a marriage void under Article 36, before final
judgment was rendered annulling the marriage.
ii) Children conceived of a marriage under Article 53.
TWO TYPES OF ILLEGITIMATE CHILDREN:

1.Children of parents disqualified to marry each other at conception and

marriage.

2. Children of parents qualified to marry each other- only this kind can be
legitimated by subsequent marriage.
 *Right to Bear Surname of Father
*Use Mother’s Surname
*Joint Authority of Parents

*Preferential Right to Support *Under the Sole

Over Mother If Father Has No Parental Authority
Sufficient Means to Meet Both of Mother
Claims
illegitimate
legitimate *No Such Preference

*Entitled to Inheritance *Entitled to 1/2 of

Legitimate Child’s
Inheritance
*Primary Beneficiaries

*Not Primary Beneficiaries

*Father Is Entitled to Paternity Leave
of 7 days With Full Pay *No Such Benefit
“Additionally, appellant claims that he enjoyed and possessed the status of
being a legitimate child of the spouses openly and continuously until they died
(Rollo, p. 42; Appellants' Brief). Open and continuous possession of the status
of a legitimate child is meant the enjoyment by the child of the position and
privileges usually attached to the status of a legitimate child such as bearing
the paternal surname, treatment by the parents and family of the child as
legitimate, constant attendance to the child's support and education, and
giving the child the reputation of being a child of his parents (Sempio-Diy, The
Family Code of the Philippines, pp. 245-246). However, it must be noted that,
as was held in Quismundo vs. WCC, 132 SCRA 590, possession of status of a child
does not in itself constitute an acknowledgment; it is only a ground for a child
to compel recognition by his assumed parent.”

(Fernandez v Fernandez, G.R. No. 143256, August 28, 2001)

FREDERICK AND GERALD
ILLEGITIMATE CHILDREN, Art. 165
and 54, Family Code
ILLEGITIMATE CHILDREN: KINDS OF RECOGNITION

VOLUNTARY RECOGNITION

HOW: WHO:
due recognition by the putative father

WHAT: EFFECT:
• in the record of birth
• valid will
considered as a
• public instrument; consummated act of
• or private handwritten acknowledgment.
instrument

It is no longer
required to have
compulsory
recognition.
-Failure to present sufficient proof of voluntary recognition
EVIDENCE:
a) copy of birth certificate (purportedly identifying the putative father )
“not competent evidence of paternity when there is no showing that the putative father had a hand
in the preparation of said certificate. The local civil registrar has no authority to record the
paternity of an illegitimate child on the information of a third person.”
b) baptismal certificate
evidence of the administration of the sacrament on the date specified

veracity of the entries with respect to the childs paternity.”

c) Florencia’s testimony that petitioner rented a house for her in Singcang, Bacolod City during her
pregnancy- SELF-SERVING

[Cabatinia vs Court of Appeals, G.R. No. 124814. October 21, 2004]

-Sufficient proof of voluntary recognition

EVIDENCE: duly authenticated birth certificate

“Vicente himself signed Maria Theresa’s birth certificate thereby acknowledging that she is his
daughter. By this act alone, Vicente is deemed to have acknowledged his paternity over Maria
Theresa.”

“The due recognition of an illegitimate child in a record of birth, a will, a statement before a court of
record, or in any authentic writing is, in itself, a consummated act of acknowledgement of the child,
and no further court action is required. In fact, any authentic writing is treated not just a ground for
compulsory recognition; it is in itself a voluntary recognition that does not require a separate action
for judicial approval.”

[Eceta vs Eceta, G.R. No. 157037. May 20, 2004]

ILLEGITIMATE CHILDREN: KINDS OF RECOGNITION

COMPULSORY RECOGNITION (rape, seduction, or abduction)

Article 345 of the Revised Penal Article 283 of the Civil Code Article 176 of the Family Code
Code
(a) indemnify the offended woman; The father is obliged to recognize  confers parental authority over
(b)acknowledge the offspring, the child as his natural child when illegitimate children on the
unless the law should prevent him the period of the offense coincides, mother, and likewise provides
from so doing; and more or less, with the period of the for their entitlement to support
conception. in conformity with the Family
(c) in every case, to support the
EXCEPTION: offender is a married Code.
offspring.
man As such, there is no further need for
- no acknowledgement the prohibition against
acknowledgment of the offspring by
- with support for the offspring as
an offender who is married which
part of the sentence
would vest parental authority in
him.

Therefore, under article 345 of the Revised Penal Code, the offender in a rape case who is married can only
be sentenced to indemnify the victim and support the offspring, if there be any.
Bayani: admitted paternity of the complainant’s child

“While it has been held that recognition of offspring of rape cannot be ordered in the absence of
evidence, in this instance, however, before both the trial court and this Court, the accused
expressly admitted paternity of the complainants child thus giving rise to the obligation to
provide support, i.e., But this ploy of hers boomeranged because she not only lost her boyfriend
but also Bayani who promised to sustain her and the fruit of their love, if she would not see
anymore her boyfriend. With this judicial admission twice recited, the accused has indisputably
admitted his paternity of the complainants child.”

[People vs Bayani, G.R. No. 120894. October 3, 1996]

 “On the matter of acknowledgment and support of the child, a correction of
the view of the court a quo is in order. Article 345 of The Revised Penal
Code provides that persons guilty of rape shall also be sentenced to "acknowledge
the offspring, unless the law should prevent him from doing so," and "in every case
to support the offspring." In the case before us, compulsory acknowledgment of
the child Melanie Tibigar is not proper there being a legal impediment in doing so
as it appears that the accused is a married man. As pronounced by this Court
in People v. Guerrero, “the rule is that if the rapist is a married man, he cannot be
compelled to recognize the offspring of the crime, should there be any, as his
child, whether legitimate or illegitimate.””

[People vs Manahan, G.R. No. 128157. September 29, 1999]

ILLEGITIMATE CHILDREN:

PROOF OF ILLEGITIMACY
Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence
as legitimate children. (Art. 175, FC)

Art 172 filiation of legitimate children is established by any of the following:

(1) record of birth appearing in the civil register or a final judgment; or

Even if the putative father, did not sign the birth certificate as the father
but as an informant, for as long as he actively participated in the
execution of the certificate, such can be used as an evidence of filiation.
ILLEGITIMATE CHILDREN:

PROOF OF ILLEGITIMACY(Art.172)
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by
the parent concerned.

there must be an EXPRESS recognition.

Admission during pre-trial that the child is his illegitimate child is a

judicial admission, thus admissible, provided it was done before a court of
record.
 incriminating acts are acceptable as evidence to establish filiation
- conventional evidence as the relevant incriminating verbal and written acts by the putative
father.
 voluntary recognition by a parent made in
- the record of birth, a will, a statement before a court of record, or in any authentic
writing
EFFECTIVITY: claim of filiation must be made by the putative father himself and the writing
must be the writing of the putative father.

1. A notarial agreement to support a child whose filiation is admitted by the putative father was
considered acceptable evidence.

2. Letters to the mother vowing to be a good father to the child and pictures of the putative
father cuddling the child on various occasions, together with the certificate of live birth,
proved filiation.

[Nepomuceno vs Lopez, G.R. No. 181258 March 18, 2010]

 CANNOT BE TAKEN AS AUTHENTIC WRITNG
 a student permanent record
 a written consent to a father's operation
 a marriage contract where the putative father gave consent
 Standing alone, neither a certificate of baptism nor family pictures are
sufficient to establish filiation.
 filiation established by the handwritten note of putative father
- does not contain any statement whatsoever about Arhbencels filiation to
petitioner.

[Nepomuceno vs Lopez, G.R. No. 181258 March 18, 2010]

 handwritten note
copy of Certificate of Birth

[Nepomuceno vs Lopez, G.R. No. 181258 March 18, 2010]

ILLEGITIMATE CHILDREN:

PROOF OF ILLEGITIMACY (Art 172)

In the absence of the foregoing evidence, the legitimate filiation shall be proved
by:
(1) The open and continuous possession of the status of a legitimate child.

INTERPRETATION:
“xxxx meant the enjoyment by the child of the position and privileges
usually attached to the status of a legitimate child
 bearing the paternal surname
 treatment by the parents and family of the child as legitimate
 constant attendance to the child's support and education
 giving the child the reputation of being a child of his parents
[Fernandez v Fernandez, G.R. No. 143256, August 28, 2001]
 However, possession of status of a child does not in itself constitute an acknowledgment;
it is only a ground for a child to compel recognition by his assumed parent.”

HOW TO PROVE:
there must be evidence of the manifestation of the permanent intention of the supposed father to
consider the child as his:

 continuous and clear manifestations of parental affection and care

 cannot be attributed to pure charity

 must reveal the conviction of paternity AND apparent desire to have and treat the child as
such in all relations in society and in life
 not accidentally, but continuously
 conduct towards his son must be spontaneous and uninterrupted
[Perla V. Baring, G.R. No. 172471, November 12, 2012]
When a putative father manifests openly through words and deeds his recognition of a child, the courts
can do no less than confirm said acknowledgment.

 recognition of petitioner’s status as a natural daughter made by

1. Juan M. Alberto
2. by his relatives as well — Fr. Cipriano Arcilla, Jose Alberto, Aurita Solidum and Saturnina
Alberto, among others

“While he did contract marriage subsequently with another woman, it was only too clear that he
had no intentions of closing definitively that chapter in his life when he begot his first-born. Of
the different categories of illegitimate children under the Civil Code, the natural child occupies
the highest position, she being the child of parents who, at the time of her conception, were not
disqualified by any impediment to marry each other and could, therefore, have contracted a valid
marriage. Often the fruit of first child, she is ensconced firmly in her parent’s hearts. No
subsequent liaisons, though blessed with legitimate offspring, can completely obliterate those
early memories.”

[Alberto vs. Court of Appeals, G.R. No. 86639. June 2, 1994]

ILLEGITIMATE CHILDREN:

PROOF OF ILLEGITIMACY (Art 172)

(2) Any other means allowed by the Rules of Court and special laws.

May consist of the child’s

 baptismal certificate
 a judicial admission
 a family bible in which the child’s name has been entered
 common reputation respecting the child’s pedigree
 admission by silence, the testimony of witnesses
 and other kinds of proof of admission under Rule 130 of the Rules of Court.
SEC. 39. Act or declaration about pedigree.
SEC. 40. Family reputation or tradition regarding pedigree.
[CRUZ vs CRISTOBAL, G.R. No. 140422 August 7, 2006]
DNA Tests: Probative Value in
Paternity Cases
 Rules on DNA Evidence
Supreme Court A.M. No. 06-11-05-SC
(October 15, 2007)

“The Rule on DNA Evidence was enacted to guide the Bench and the Bar for the
introduction and use of DNA evidence in the judicial system. It provides the
prescribed parameters on the requisite elements for reliability and validity
(i.e., the proper procedures, protocols, necessary laboratory reports, etc.), the
possible sources of error, the available objections to the admission of DNA test
results as evidence as well as the probative value of DNA evidence. It seeks to
ensure that the evidence gathered, using various methods of DNA analysis, is
utilized effectively and properly, [and] shall not be misused and/or abused and,
more importantly, shall continue to ensure that DNA analysis serves justice and
protects, rather than prejudice the public.”
(Lucas v Lucas, G.R. No. 190710, June 6, 2011)
Definition of Terms

“Biological sample” means any organic

material originating from a person’s
body, even if found in inanimate
objects, that is susceptible to DNA
testing. This includes blood, saliva and
other body fluids, tissues, hairs and
bones
“The 2004 case of Tecson v. Commission on Elections [G.R. No.
161434, 3 March 2004, 424 SCRA 277] likewise reiterated the
acceptance of DNA testing in our jurisdiction in this wise: In case
proof of filiation or paternity would be unlikely to satisfactorily
establish or would be difficult to obtain, DNA testing, which
examines genetic codes obtained from body cells of the
illegitimate child and any physical residue of the long dead parent
could be resorted to.”

(Estate of Ong v Diaz, G.R. No. 171713 Dec 17. 2007)

 “DNA” means deoxyribonucleic acid, which is the chain of
molecules found in every nucleated cell of the body. The totality
of an individual’s DNA is unique for the individual, except
identical twins;

 “DNA evidence” constitutes the totality of the DNA profiles,

results and other genetic information directly generated from
DNA testing of biological samples;

 “DNA profile” means genetic information derived from DNA

testing of a biological sample obtained from a person, which
biological sample is clearly identifiable as originating from that
person;
 “DNA testing” means verified and credible scientific methods
which include the extraction of DNA from biological samples,
the generation of DNA profiles and the comparison of the
information obtained from the DNA testing of biological samples
for the purpose of determining, with reasonable certainty,
whether or not the DNA obtained from two or more distinct
biological samples originates from the same person (direct
identification) or if the biological samples originate from
related persons (kinship analysis); and

 “Probability of Parentage” means the numerical estimate for

the likelihood of parentage of a putative parent compared with
the probability of a random match of two unrelated individuals in
a given population.
DNA FINGERPRINTING
“There are four significant procedural aspects of a
traditional paternity action which the parties have to face:
a prima facie case, affirmative defenses, presumption of
legitimacy, and physical resemblance between the putative
father and the child.”
(Herrera v Alba, 460 SCRA 197)
“Fortunately, we have now the facility and expertise in using DNA
test for identification and parentage testing. The University of the
Philippines Natural Science Research Institute (UP-NSRI) DNA
Analysis Laboratory has now the capability to conduct DNA typing
using short tandem repeat (STR) analysis. The analysis is based on the
fact that the DNA of a child/person has two (2) copies, one copy
from the mother and the other from the father. xxx, courts should
not hesitate to rule on the admissibility of DNA evidence. For it
was said, that courts should apply the results of science when
competently obtained in aid of situations presented, since to reject
said result is to deny progress. XXX “
(Tijing v. Court of Appeals, G.R. No. 125901, March 8, 2001)
 Application for DNA Testing Order
The appropriate court may, at any time, either motu proprio or
on application of any person who has a legal interest in the
matter in litigation, order a DNA testing.

“xxx it should be stressed that the issuance of a DNA testing order

remains discretionary upon the court. The court may, for example,
consider whether there is absolute necessity for the DNA testing. If
there is already preponderance of evidence to establish paternity
and the DNA test result would only be corroborative, the court may,
in its discretion, disallow a DNA testing.”
(Lucas v. Lucas, G.R. No. 190710, June 6, 2011)
“It is not enough to state that the childs DNA profile matches that of the
putative father. A complete match between the DNA profile of the child and
the DNA profile of the putative father does not necessarily establish
paternity. For this reason, following the highest standard adopted in an
American jurisdiction, trial courts should require at least 99.9% as a
minimum value of the Probability of Paternity (W) prior to a paternity
inclusion. W is a numerical estimate for the likelihood of paternity of a
putative father compared to the probability of a random match of two
unrelated individuals. An appropriate reference population database, such as
the Philippine population database, is required to compute for W. Due to the
probabilistic nature of paternity inclusions, W will never equal to 100%.
However, the accuracy of W estimates is higher when the putative father,
mother and child are subjected to DNA analysis compared to those conducted
between the putative father and child alone.”
(Herrera v Alba, 460 SCRA 197)
Probative value of DNA evidence

“In assessing the probative value of DNA evidence, therefore,

courts should consider, among other things, the following data:
how the samples were collected, how they were handled, the
possibility of contamination of the samples, the procedure
followed in analyzing the samples, whether the proper standards
and procedures were followed in conducting the tests, and the
qualification of the analyst who conducted the tests. – Vallejo
Test”
(People v Vallejo, G.R. No. 144656, May 9, 2002)
Illegitimate Children: Article 176 Family Code
 Who may file an action for compulsory recognition?
 Illegitimate children may establish their illegitimate filiation in
the same way and on the same evidence as legitimate
children.

 When to file an action for compulsory recognition?

 During his or her lifetime even after the death of the
parents
“Under the Family Code, when filiation of an
illegitimate child is established by a record of birth
appearing in the civil register or a final judgment, or an
admission of filiation in a public document or a private
handwritten instrument signed by the parent
concerned, the action for recognition may be brought
by the child during his or her lifetime.”
(Guy v. CA, GR No. 163707)
During the lifetime of the alleged parents

“When the action is based upon open and continuous

possession of the status of an illegitimate child, or any
other means allowed by the rules or special laws, it may
only be brought during the lifetime of the alleged
parent."

(Guy v. CA, GR No. 163707)

“Successional rights may be established not just by a judicial
action to compel recognition but also by proof that she had
been voluntarily acknowledged and recognized as an
illegitimate child.

There is, as yet, no way to determine if her petition is actually

one to compel recognition which had already been foreclosed by
the death of her father, or whether indeed she has a material
and direct interest to maintain the suit by reason of the
decedents voluntary acknowledgment or recognition of her
illegitimate filiation.”

(Tayag v Tayag-Gallor)
(Marquino v. Intermediate Appellate Court)

January 10,
1971
December 2, 1926 Bibiana at 45
March 17, 1979
Gregoria Romano + years old sued August 20, 1983
Bibiana died
Eutiquio Marquino= for compulsory Eutiquio died
before she
Illegitimate Child recognition while the case
could finish
Bibiana while Father was pending
presenting her
Eutiquio was appeal
evidence
still alive
Article 285 of the Civil Code provides that an action for recognition of
natural children may be brought only during the lifetime of the presumed
parents, except in the following cases:

 (1) If the father or mother died during the minority of the child, in
which case the latter may file the action before the expiration of four
years from the attainment of his majority;
 (2) If after the death of the father or of the mother a document should
appear of which nothing had been heard and in which either or both
parents recognize the child. The action must be commenced within four
years from discovery of the document

(Marquino v. Intermediate Appellate Court)

“In an action for compulsory recognition, the party in the
best position to oppose the same is the putative
parent himself. The need to hear the side of the putative
parent is an overwhelming consideration because of the
unsettling effects of such an action on the peace and
harmonious relationship in the family of the putative
parent.

For this reason, Article 285 provides only two (2) exceptions
when an action for recognition transcends the death of the
putative parent.”

(Marquino v. Intermediate Appellate Court)

Rights of Illegitimate
Children (Art. 176)
as amended by
RA 9255
Illegitimate children shall:

1. Use the surname and shall be under the parental authority of the
mother
1. May use father’s surname – express recognition of filiation
1. Use the surname and shall be under the parental authority of the
mother

 David vs. Court of Appeals

Writ of
Habeas Corpus
1. Use the surname and shall be under the parental authority of
the mother

 In the matter of the petition for cancellation of certificate of live birth of

Tinitigan v. Republic (G.R. No. 222095, August 7, 2007)

 “The law is clear that illegitimate children shall use the surname and shall
be under the parental authority of their mother. The use of the word
"shall" underscores its mandatory character. The discretion on the part of
the illegitimate child to use the surname of the father is conditional upon
proof of compliance with RA 9255 and its IRR.”

 “Thus, it is mandatory that the mother of an illegitimate child signs the

birth certificate of her child in all cases, irrespective of whether the father
recognizes the child as his or not. The only legally known parent of an
illegitimate child, by the fact of illegitimacy, is the mother of the child who
conclusively carries the blood of the mother. Thus, this provision ensures
that individuals are not falsely named as parents.”

 The mother must sign and agree to the information entered in the birth
certificate because she has the parental authority and custody of the
illegitimate child.
What to file and Who may file:
 Affidavit of Admission of Paternity
 The father, mother, person himself, guardian

 Private Handwritten Instrument

 The father
 If deceased, the mother, person himself, guardian

 Affidavit to Use the Surname of the Father

 The father, mother, person himself, guardian
When and Where to Register:
 Shall be registered within 20 days from the date of execution

 In the Philippines  Local Civil Registry Office of the place of birth

 Outside the Philippines (executed outside the Philippines)

 Philippine Foreign Service Post
of the country of residence

 Outside the Philippines (executed in the Philippines)

 Local Civil Registry Office
of the place of execution
How to Register
1. Examination of completeness of entries

2. Acceptance of documents for registration

3. Recording of entries in the Register of Legal Instruments

4. Annotation on the Remarks Portion of the Register of Births

5. Distribution of documents

6. Issuance
2. Be entitled to support in Conformity with this Code

 Verceles v. Posada (G.R. No. 159785, April 27, 2007)

Monthly Support

 People v. Glabo
 Article 345, RPC: 1. Indemnification; 2. Acknowledgment, 3. Support
2. Be entitled to support in Conformity with this Code

 Tonog v. Court of Appeals (G.R. No. 129248, February 7, 2002)

 “The right of custody accorded to parents springs from the exercise of
parental authority.”
 “As regards parental authority, ‘there is no power, but a task; no
complex of rights, but a sum of duties; no sovereignty but a sacred trust
for the welfare of the minor.’”

 Silva v. Court of Appeals (G.R. No. 114742, July 17, 1997)

 Art. 3 of PD 603 (Rights of a Child)
 Atmosphere of morality and rectitude
 Protection

 Article 220 of the New Civil Code

 Love, affection, advice and counsel, companionship and understanding
3. The legitime of each illegitimate child shall consist of
one half of the legitime of a legitimate child
 Art. 177, FC as amended by Republic Act 9858

Legitimated Children
Art. 177, FC as amended by Republic Act 9858
 Art. 269 Civil Code

“Only children conceived and born outside of wedlock of parents who, at the
time of the conception of the former, were not disqualified by any impediment
to marry each other may be legitimated.”
 RA 9858 (Dec 20, 2009)

“An Act Providing for

Legitimation of Children Born to
Parents Below Marrying Age,
Amending for the purpose the
Family Code of the Philippines”
 Articles 177 and 178 of the Family
Code

 “Children conceived and born outside of wedlock of parents who, at the time
of the conception of the former, were not disqualified by any impediment to
marry each other, or so disqualified only because either or both of them were
below eighteen (18) years of age, may be legitimated.”
 “Legitimation shall take place by a subsequent valid marriage between
parents. The annulment of a voidable marriage shall not affect the
legitimation.”
 Legitimation is a process wherein a child who was born out of wedlock and is
therefore, considered illegitimate, shall, by fiction, be considered legitimate
upon the valid marriage of his parents.
 This process, however, only applies to parents of an illegitimate child who, at
the time of the child’s birth, were not under any legal impediment to marry
except the impediment of minority at the time of his birth (Section 1, R.A.
9858)
 Requisites to Qualify for Legitimation

The parents of the

illegitimate child were not
under legal impediment to
marry each other except
when they were Subsequent
disqualified because valid
either or both of them
were below 18 years of
age + marriage
between the
= Process of
legitimatio
parents of
the n
illegitimate
child
 Requirements for registration of
legitimation of illegitimate

Legitimation of children by subsequent

marriage of parents shall be recorded in the
civil registry office of the place where the birth
was recorded. The requirements for registration
of legitimation of illegitimate children are:

a) Certificate of Marriage;
b) Certificate of Live Birth of the child;

c) Affidavit of paternity/acknowledgement (Certified

Photocopy/Xerox Copy)
d) Affidavit of legitimation
 Legal Effects of Legitimation

 Legally recognized father. Legitimation renders the biological father the

legal father of the legitimized child. In Georgia, a legal father refers to a man
who: 1) has legally adopted a child, 2) was married to the mother of the child
at the time of birth or conception, 3) married the mother of the child after
the child was born and recognized the child as his own, 4) has been
determined to be the legal father of the child by a paternity order, 5) has
been determined to be the legal father of a child by a final legitimation
order, and 6) has legitimized a child via an acknowledgement of legitimation.
 Legal Effects of Legitimation

 Inheritance. The father and the child will be able to inherit from each other
as if the child has been born to parents who were married to each other.
 Child Support. Upon legitimation, the legal father will be responsible for the
support of the child. Once the legitimation is finalized by the presiding court,
the court will also establish the father’s duty for child support according to
Georgia’s child support guidelines.
 Legal Effects of Legitimation

 Custody and Visitation. In addition to establishing the father’s duty of

support, the court upon legitimation may also establish the father’s rights
with respect to the child’s custody and the father’s visitation with the child.
 Father’s last name. Upon legitimation, the court presiding over the matter
may also determine that it is in the child’s best interest to take the father’s
last name.
 Rights of Legitimated Children

Legitimate children shall have the right :

 To bear the surnames of the father and the mother:
 To receive support from them, from their ascendants, and in a proper case,
from their brothers and sisters, in conformity with article 291 and,
 To the legitimate and other successional rights which this Code recognize in
their favor. (Art. 263, Civil Code of the Philippines)
 Abadilla vs. Tabiliran
AM No. MTJ-92-716, October 25, 1995

 Art. 269 CC. Only natural children can be legitimated. Children born outside
of wedlock of parents who, at the time of the conception of the former, were
not disqualified by any impediment to marry each other, are natural.
 Legitimation is limited to natural children and cannot include those born of
adulterous relations (Ramirez vs. Gmur, 42 Phil. 855). The Family Code:
(Executive Order, No. 209), which took effect on August 3, 1988, Art. 177.
Only children conceived and born outside of wedlock of parents who, at the
time of the conception of the former, were not disqualified by any
impediment to marry each other may be legitimated.
 The reasons for this limitation are given as
follows:

 1) The rationale of legitimation would be destroyed;

 2) It would be unfair to the legitimate children in terms of successional rights;
 3) There will be the problem of public scandal, unless social mores change;
 4) It is too violent to grant the privilege of legitimation to adulterous children
as it will destroy the sanctity of marriage;
 5) It will be very scandalous, especially if the parents marry many years after
the birth of the child. (The Family Code, p. 252, Alicia v. Sempio Diy).
 DE SANTOS VS ANGELES
G.R. No. 105619 December 12, 1995

 Under the Civil Code, children born of marriages which are void from the
beginning or after the decree of annulment in voidable marriages are "natural
children by legal fiction".
 Children conceived of parents who, at that time, were not disqualified to
marry by any impediment are the "natural children proper".
 The parents of the child in the De Santos could not validly marry because one
had a prior subsisting marriage. They did marry but their marriage was
bigamous or void from the beginning.
 DE SANTOS VS ANGELES
G.R. No. 105619 December 12, 1995

Will the child born of that bigamous marriage who is considered a "natural child
by legal fiction" become legitimated when his parents married after the death of
the first spouse?
 The Supreme Court held that even if Art. 89 of the Civil Code gave natural
children by legal fiction the same status, rights and obligations as
acknowledged natural children, Art. 269 applies only to natural children
proper or those born outside of wedlock of parents who, at the time of the
conception, were not disqualified by any impediment to marry.
 DE SANTOS VS ANGELES
G.R. No. 105619 December 12, 1995

 Art. 895. The legitime of each of the acknowledged natural children and each
of the natural children by legal fiction shall consist of one-half of the legitime
of each of the legitimate children or descendants

 Natural children by legal fiction cannot be deprived of their legitime

equivalent to one-half of that pertaining to each of the legitimate children or
descendants of the recognizing parent, to be taken from the free disposable
portion of the latter’s estate.
ADOPTION
What is adoption?
 Is defined as the process of making a child, whether related or to the adopter,
possess in general, the rights accorded to a legitimate child. (Family Code)
 Is a juridical act which creates between two (2) persons a relationship similar
to that which results from legitime paternity and filiation. (Valverde 473)
 Adoption proceedings are juridical, not administrative.
Who may adopt?
 Under Section 7 of Republic Act No. 8552 or Domestic Adoption Act of
1998
1. A Filipino Citizen who is:
a. of legal age;
b. in possession of full civil capacity and legal rights;
c. of good moral character;
d. has not been convicted of any crime involving moral turpitude (there
must a final judgement of conviction);
e. emotionally and psychologically capable of caring for the children;
f. at least sixteen (16) years older than the adoptee; and
(Note: may be waived when: (i) adopter is the biological parent of the
adoptee; or (ii) adopter is the spouse of the adoptee’s parent.)
e. who is in position to support and care for his/her children in keeping the
means of the family.
Who may adopt?
2. An Alien who:
a. possesses the same qualifications as above stated for Filipino nationals;
b. whose country has diplomatic relations with the Republic of the
Philippines;
c. has been living in the Philippines for at least three (3) continuous years
prior to the filing of the application for adoption and maintains such
residence until the adoption decree is entered;
d. has been certified by his/her diplomatic or consular office or any
appropriate government agency that he/she has the legal capacity to adopt
in his/her country; and
e. whose government allows the adoptee to enter his/her country as his/her
adopted son/daughter.
Who may adopt?
(Note: When Requirements on residency and certification of the alien’s
qualification to adopt in his/her country may be waived when:
(i) a former Filipino citizen who seeks to adopt relative within the fourth
(4th) civil degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino
spouse
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with
his/her spouse a relative within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse.)

3. The guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.
Who may adopt?
 Joint Adoption of Husband and Wife

General Rule: Husband and wife shall jointly adopt.

Exception: (i) if one spouse seeks to adopt the legitimate son/daughter of the
other; or
(ii) if one spouse seeks to adopt his/her own illegitimate
son/daughter: provided, however that the other spouse has
signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other.

(Note: In cases husband and wife jointly adopt, or one spouse adopts the
illegitimate son/daughter of the other, joint parental authority shall be
exercised by the spouses.)
Who may adopt?
 Under Section 9 of Republic Act No. 8043 or Inter-country Adoption Act of
1995
o An alien or a Filipino citizen permanently residing abroad may file an
application if he/she is:
a. is at least twenty-seven (27) years of age and at least sixteen (16) years
older than the child to be adopted, at the time of the application unless the
adopter is the parent by nature of the child to be adopted or the spouse of
such parent;
b. if married, his/her spouse must jointly file for the adoption;
c. has the capacity to act and assume all rights and responsibilities of
parental authority under his national laws, and has undergone the
appropriate counseling from an accredited counselor in his/her country;
d. has not been convicted of crime involving moral turpitude;
e. is eligible to adopt under his/her national law
Who may adopt?
f. is in a position to provide the proper care and support and to give the
necessary moral values and example to all his children, including the child to
be adopted;
g. agrees to uphold the basic rights of the child as embodied under
Philippine laws, the United Nations Convention on the Right of the Child, and
to abide by the rules and regulations issued to implement the provisions of
this Act;
h. comes from a country with whom the Philippines has diplomatic relations
and whose government maintains a similarly authorized and accredited
agency and that adoption is allowed under his/her national laws; and
i. possesses all the qualifications and none of the disqualifications provided
herein and in other applicable Philippine laws.
Who may not adopt?
 Under Article 184 of the Family Code of the Philippines
1. The guardian with respect to the ward prior to the approval of the final
accounts rendered upon the termination of their guardianship relation;
2. Any person who has been convicted of a crime involving moral turpitude;
3. An alien, except:
a. a former Filipino citizen who seeks to adopt a relative by consanguinity;
b. one who seeks to adopt the legitime child of his/her Filipino spouse; or
c. one who is married to a Filipino citizen and seeks to adopt jointly with his
or her Filipino spouse a relative by consanguinity of the latter.
Cases
 Republic v. Court of Appeals, G.R No. 100835, October 26, 1993
Cases
 Republic v. Toledano, G.R No. 94147, June 8, 1994
Cases
 Republic v. Alarcon Vergara, G.R No. 95551, March 20, 1997
Cases
 In Re: Petitions for Adoption of Michelle P. Lim and Michael Jude P. Lim,
G.R No. 168992, May 21, 2009
Who may be adopted?
 Under Section 8 of Republic Act No. 8552 or Domestic Adoption Act of 1998
1. Any person below eighteen (18) years of age who has been
administratively or judicially declared available for adoption;
• Child Legally Available For Adoption - refers to a child who has been
voluntarily or involuntarily committed to the Department (DSWD) or to a duly
licensed and accredited child-placing or child-caring agency, freed of the
parental authority of his/her biological parent(s) or guardian or adopter(s) in
case of rescission of adoption.
• Voluntarily Committed Child - is one whose parent(s) knowingly and
willingly relinquishes parental authority to the Department.
• Involuntarily Committed Child - is one whose parent(s), known or
unknown, has been permanently and judicially deprived of parental
authority due to abandonment; substantial, continuous, or repeated
neglect; abuse; or incompetence to discharge parental responsibilities.
Who may be adopted?
 Who May be Administratively Or Judicially Declared Available For Adoption?
 ABANDONED CHILD - refers to one who has no proper parental care or
guardianship or whose parent(s) has deserted him/her for a period of at least
six (6) continuous months and has been judicially declared as such.
 DEPENDENT CHILD - is one who is without a parent, guardian or custodian; or
one whose parents, guardian or other custodian for good cause desires to be
relieved of his care and custody; and is dependent upon the public for
support.
 NEGLECTED CHILD - is one whose basic needs have been deliberately
unattended or inadequately attended, physically or emotionally, by his
parents or guardian. Neglect may occur in two ways:
a) There is a physical neglect when the child is malnourished, ill clad
and without proper shelter. A child is unattended when left by himself
without provisions for his needs and/or without proper supervision.
Who may be adopted?
b) Emotional neglect exists: when children are maltreated, raped or
seduced; when children are exploited, overworked or made to work
under conditions not conducive to good health; or are made to beg in
the streets or public places, or when children are in moral danger, or
exposed to gambling, prostitution and other vices.

 FOUNDLING – refers to deserted or abandoned infant or child whose parents,

guardian or relatives are unknown; or a child committed to an orphanage or
charitable or similar institution with unknown facts of birth and parentage
and registered in the Civil Register as a foundling.
Who may be adopted?
2. The legitimate son/daughter of one spouse by the other spouse (no need
of joint adoption; if the adopter is an alien, the requirements of residency
and certification are no longer applicable);
3. An illegitimate son/daughter by a qualified adopter to improve his/her
status to that of legitimacy;
4. A person of legal age if, prior to the adoption, said person has been
consistently considered and treated by the adopter(s) as his/her own child
since minority;
5. A child whose adoption has been previously rescinded; or
6. A child whose biological or adoptive parent(s) has died: provided, that no
proceedings shall be initiated within six (6) months from time of death of
said parent(s).
Who may be adopted?
 Under Republic Act No. 8043 or Inter-country Adoption Act of 1995
o Only a child legally available for domestic adoption may be the subject of
inter-country adoption.
Whose consent is necessary to the
adoption?
o After being properly counseled and informed of his/her right to give or
withhold his/her approval of the adoption, the written consent of the
following to the adoption is hereby required:
a. The adoptee, if ten (10) years of age or over;
b. The biological parent(s) of the child, if known, or the legal guardian, or
the proper government instrumentality which has legal custody of the child;
(Note: If the child to be adopted is illegitimate, consent of the father is
necessary if he recognized the child as his. If no recognition, there is no need of
consent because both are strangers to each other.)
c. The legitimate and adopted sons/daughters, ten (10) years of age or
over, of the adopter(s) and adoptee, if any;
d. The illegitimate sons/daughters, ten (10) years of age or over, of
the adopter if living with said adopter and the latter's spouse, if any; and
e. The spouse, if any, of the person adopting or to be adopted. (31a, E.O 91
and P.D 603)
NATURE AND EFFECTS OF
ADOPTION
Art. 189. Adoption shall have the
following effects:

1. For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and
both shall acquire the reciprocal rights and obligations arising from the relationship of parent and
child, including the right of the adopted to use the surnames of the adopters;
FIRST NAME?
“Clearly, the law allows the adoptee, as a matter of right and obligation, to
bear the surname of the adopter, upon issuance of the decree of adoption. It
is the change of the adoptee's surname to follow that of the adopter which
is the natural and necessary consequence of a grant of adoption and must
specifically be contained in the order of the court, in fact, even if not
prayed for by petitioner.
However, the given or proper name, also known as
the first or Christian name, of the adoptee must remain as it was originally
registered in the civil register. The creation of an adoptive relationship does
not confer upon the adopter a license to change the adoptee's registered
Christian or first name. The automatic change thereof, premised solely upon
the adoption thus granted, is beyond the purview of a decree of adoption.
Neither is it a mere incident in nor an adjunct of an adoption proceeding,
such that a prayer therefor furtively inserted in a petition for adoption, as
in this case, cannot properly be granted.” (Republic v. Hernandez, G.R. No. 117209, February
 MIDDLE NAME?
First, it is necessary to preserve and maintain Stephanies filiation with
her natural mother because under Article 189 of the Family Code, she
remains to be an intestate heir of the latter. Thus, to prevent any confusion
and needless hardship in the future, her relationship or proof of that
relationship with her natural mother should be maintained.
Second, there is no law expressly prohibiting Stephanie to use the surname
of her natural mother as her middle name. What the law does not prohibit,
it allows.
Last, it is customary for every Filipino to have a middle name, which is
ordinarily the surname of the mother. This custom has been recognized by
the Civil Code and Family Code. In fact, the Family Law Committees agreed
that the initial or surname of the mother should immediately precede the
surname of the father so that the second name, if any, will be before the
2. The parental authority of the parents by nature over the adopted shall
terminate and be vested in the adopters, except that if the adopter is the
spouse of the parent by nature of the adopted, parental authority over the
adopted shall be exercised jointly by both spouses; and
3. The adopted shall remain an intestate heir of his parents and other blood
relatives.
RULES ON THE LEGAL OR
INTESTATE SUCCESSION OF ESTATE
OF THE ADOPTED (Art. 190)
1. Legitimate and illegitimate children and descendants and the surviving
spouse
2. ½ to the parents or ascendants and ½ to the adopters – if they concur
3. ½ to the surviving spouse or illegitimate children and ½ to the adopters – if
they concur
4. 1/3 to the illegitimate children, 1/3 to the surviving spouse, 1/3 to the
adopters – if they concur
5. When only the adopters survive, they shall inherit the entire estate; and
6. When only collateral blood relatives of the adopted survive, then the
ordinary rules of legal and intestate succession shall apply
 The adopted child cannot represent the adopter in
the inheritance from the parents or ascendants of
“…the relationship established by
the adopter. adoption is limited solely to the
adopter and the adopted and does
not extend to the relatives of the
adopting parents or of the adopted
child except only as expressly
Left P600,000 provided for by law. Hence, no
of properties relationship is created between the
adopted and the collaterals of the
adopting parents. As a consequence,
the adopted is an heir of the adopter
but not of the relatives of the
adopter.” (Teotico v. Del Val, G.R.
No. L-18753, March 26, 1965)
JUDICIAL RESCISSION (CANCELLATION)
OF ADOPTION (Art. 191)

 GROUNDS:
- same as those prescribed for loss or suspension of parental authority

 When adopted child can bring the action by himself

- When he is at least 18 years of age
- GROUND: same as those for disinheriting an ascendant
JUDICIAL RESCISSION ON THE PART OF
THE ADOPTERS (Art. 193)
1. If still a minor at the time of rescission, the court shall reinstate the parental
authority of the parents by nature or guardian as the case may be.
2. Shall extinguish all reciprocal rights and obligations between the adopted and
the adopter.
3. Adopted shall lose the right to use the surname of the adopters and shall
resume his surname prior to the adoption.
4. Court shall accordingly order the amendment of the records in the proper
registries.
EFFECTS OF ADOPTION UNDER RA
8552 “DOMESTIC ADOPTION ACT
OF 1998”

Sec. 16. Parental Authority

Except in cases where the biological parent is the spouse of the adopter,
all legal ties between the biological parent(s) and the adoptee shall be
severed and the same shall then be vested on the adopter(s).
Sec. 17. Legitimacy
- The adoptee shall be considered the legitimate son/daughter of the adopter(s)
for all intents and purposes and as such is entitled to all the rights and
obligations provided by law to legitimate sons/daughters born to them without
discrimination of any kind. To this end, the adoptee is entitled to love, guidance,
and support in keeping with the means of the family.
Section 18. Succession
- In legal and intestate succession, the adopter(s) and adoptee shall
have reciprocal rights of succession without distinction from legitimate
filiation. However, if the adoptee and his/her parent(s) had left a will, the
law on testamentary succession shall govern.
GROUNDS FOR RESCISSION (Sec.
19)
1. Repeated physical and verbal maltreatment by the adopter(s) despite
having undergone counseling;
2. Attempt on the life of the adoptee;
3. Sexual assault or violence;
4. Abandonment and failure to comply with parental obligations.

(Lahum v. Sibulo, G.R. No. 143989, July 14, 2003)

 Adoption, being in the best interest of the child, shall not be subject to
rescission by the adopter(s). However, the adopter(s) may disinherit the
adoptee for causes provided in Article 919 of the Civil Code.
EFFECTS OF RESCISSION (Sec.
20)
1. Parental authority of the biological parents, if known, or the legal
custody of the Department shall be restored if the adoptee is still a
minor or incapacitated.
2. Reciprocal rights and obligations of the adopter(s) and the adoptee
shall be extinguished.
3. Court shall order the Civil Registrar to cancel the amended certificate
of birth of the adoptee and restore his/her original birth certificate.
4. Succession rights shall revert to its status prior to adoption, but only as
of the date of judgment of rescission.
Bartolome v. SSS, G.R. No. 192531, November 12,
2014
Parental authority over
John was severed.

Cornelio died when John was 4

years old.
 Bartolome v. SSS, G.R. No. 192531, November 12,
2014

Parental authority should be

deemed to have reverted to the
biological parents
GERONIMO V. SANTOS, G.R. 197099, September
28, 2015

“…the mere registration of a child in his or her birth certificate as the child
of the supposed parents is not a valid adoption, does not confer upon the
child the status of an adopted child and the legal rights of such child, and
even amounts to simulation of the child's birth or falsification of his or her birth
certificate, which is a public document.”