Spec Pro Class 2020

SECTION 1. VENUE.

 

     Where judicial approval of a voluntary recognition of a minor natural child is required, such child or his parents shall obtain the same by filing a petition to that effect with the Court of First Instance of the province in which the child resides. In the City of Manila, the petition shall be filed in the Juvenile and Domestic Relations Court.

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SECTION 2. CONTENTS OF PETITION.

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      The petition for judicial approval of a voluntary recognition of a minor natural child shall contain the following allegations:

             

               (a) The jurisdictional facts;

               (b) The names and residences of the parents who acknowledged                        the child, or of either of them, and their compulsory heirs, and                       the person or persons with whom the child lives;

               (c) The fact that the recognition made by the parent or parents                          took place in a statement before a court of record or in an                            authentic writing, copy of the statement or writing being                              attached to the petition.

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SECTION 3. ORDER FOR HEARING.

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      Upon the filing of the petition, the court, by an order reciting the purpose of the same, shall fix the date and place for the hearing thereof, which date shall not be more than six (6) months after the entry of the order, and shall, moreover, cause a copy of the order to be served personally or by mail upon the interested parties, and published once a week for three (3) consecutive weeks, in a newspaper or newspaper of general circulation in the province.

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SECTION 4. OPPOSITION.

 

      Any interested party must, within fifteen (15) days from the service, or from the last date of publication, of the order referred to in the next preceding section, file his opposition to the petition, stating the grounds or reasons therefor.

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SECTION 5. JUDGMENT.

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      If, from the evidence presented during the hearing, the court is satisfied that the recognition of the minor natural child was willingly and voluntarily made by he parent or parents concerned, and that the recognition is for the best interest of the child, it shall render judgment granting judicial approval of such recognition.

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SECTION 6. SERVICE OF JUDGMENT UPON CIVIL REGISTRAR.

 

      A copy of the judgment rendered in accordance with the preceding section shall be served upon the civil registrar whose duty it shall be to enter the same in the register.

 

• Under the Family Code , there are only two classes of childred, namely, legitimate and illegitimate.  The five distinctions among various types of illegitimate children under the civil code have been eliminated (GapusamVhua v CA, GR No. L-46746, march 15, 1990)

• The matter of the filiations of illegitimate children and the proof thereof is governed by Art 172 and 173, in relation to Art 175 of the Family Code

 

Voluntary Recognition

 

      An admission of the fact of paternity or maternity by the presumed parent, expressed in the form prescribed by the civil code.  Its essence lies in the avowal of the parent that the child is his; the formality is added to make the admission incontestable, in view of the consequences.

 

Article 172.  The filiation of legitimate children is established by any of the following:

            1.  The record of the birth appearing in the civil register or a final                       judgment; or

            2.  An admission of legitimate filiation in a public document or a                         private handwritten instrument and signed by the parent                             concerned.      

 

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, or

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

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      An admission of legitimate filiation in a public instrument or a private handwritten instrument and signed by the parent concerned is a complete act of recognition without need of court action.

 

       Resemblance between a minor and his alleged parent is competent and material evidence to establish parentage. (Tijing v CA GR No. 125901, march 8, 2001)

 

       Deoxyribonucleic Acid (DNA) testing is a valid means of determining paternity (Agustin v CA, GR No. 162571, June 15, 2005)

 

Article 173.The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity .  In this cases , the heirs shall have a period of five (5) years within which to institute the action .

 

• Note: A final judgment is a judicial decision bearing on the status  of the children as legitimate hence, binding and conclusive.  A final judgment is likewise a public document.  Hence, final judgment arising from an action to claim legitimacy under Art 173 is proof of filiation.

 

Article 175.Illigitimate children may establish their illigitimate filiation in the same way and on the same evidence as legitimate children.

 

      The action must be brought within the same period specified in Art 173, except when the action is based on the second paragraph of Art 172, in which case the action may be brought during the lifetime of the alleged parent.