Local Case Law on Family, Legitimate and Illegitimate Children, their Rights, and Doctrines

Masbate v. Relucio (2018)

Parental authority is a mass of rights and obligations which the law grants to the parents for the purpose of the children's physical preservation, as well as the cultivation of their intellect and the education of their heart and senses.

The Doctrine of Tender Age applies to both legitimate and illegitimate children. (Art. 213(2) governs.)

Dacansin v. Dacansin

The statutory awarding of sole parental custody to the mother under the second paragraph of article 213 of the FC is mandatory and any agreement contrary is void. The SC declared void a compromise agreement providing for a joint custody of a child under 7 years old.

Silva v. CA

The illegitimate father is entitled to visitation rights.

Concepcion v. CA

To be entitled to the constitutionally-protected inherent and natural right of the parent to have access to the child, there must be a parent-child relationship between them.

Briones v. Miguel

The illegitimate father is not entitled to the child's custody, even if he admits paternity.

Alfon v Republic

There is no legal obstacle if a legitimate or illegitimate child should choose to use the surname of the mother to which he or she is entitled.

Grande v. Antonio

The SC clarified that Art. 176 of the FC gives the illegitimate child the right to decide if they want to use the the surname of the father or not. It is not the father or the mother who is granted by law the right to dictate the surname of the children.

Barcelote v. Republic

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

RA 9255 amended the Art. 176 of FC:

"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."

Paulino v. Paulino

An illegitimate child, to be entitled to support and successional rights fromn the putative or presumed parent, mnust prove his filiation to the latter.

Abella v. Cabañero

Filiation must be established for a child to claim support from a putative father. When the filiation is beyond question, support follows as a matter of obligation. To establish filiation, an action for compulsory recognition may be filed against the putative father ahead of an action of support. An action for support may be directly filed, wher the matter of filiation shall be integrated and resolved.

De Santos v. Angeles (2006)

"Legitimated" is not a separate status, for there are only two classes of children: legitimate and illegitimate.

SSS v. Jarque Vda. de Bailon (2006)

Those conceived or born of the subsequent valid marriage contemplated in Art. 41 (JDPD), provided that the conception or birth takes place prior to the recording of the affidavit of reappearance or finality of judgment declaring the termination or dissolution of the subsequent marriage.

SSS v. Aguas;
Concepcion v. CA;
Liyao Jr. v. Tanhoti-Liyao

Under Art. 164 of FC, a child conceived or born by the wife during a valid marriage is presumed to be legitimate. The child is also presumed to be the legitimate child of the husband as well.

Liyao Jr. v. Tanhoti-Liyao

> If the spouse are merely separated in fact, the child of a wife with a paramour is presumed to be the legitimate child of the husband and wife.

> Presumption of legitimacy is not conclusive and may be overthrown by evidence to the contrary.

Concepcion v. CA

If the wife contracted a bigamous marriage and conceived a child during that marriage, the child is presumed to be the legitimate child of the valid prior marriage.

Angeles v. Maglaya

The presumption of legitimacy under Art. 164 may only be availed of upon convincing proof of the factual basis thereof, i.e., that the child's parents were legally married and that the child's conception or birth occurred during the subsistence of that marriage. Otherwise, the presumption of law that the child is legitimate will not arise.

Tison v. CA

In order to destroy the presumption, the party against whom the it operates must adduce evidence to the contrary.

Legitimacy cannot be attacked collaterally.

Braza v. City Civil Registrar of Himalayan City Negros Occidental

The legitimacy of a child can be impugned only in a direct action brought for that purpose, by the proper parties, within the period limited by law.

Aguilar v. Sisat

The child was able to prove his legitimate filiation with a certain couple using a public document, the SSS Form E-1 of his father acknowledging his filiation with a child.

Guy v. CA

> Only the legitimate child can follow the citizenship of the father.

> When filiation of an illegitimate child is established by the record of birth appearing in the civil register or a final judgment, or in 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 their lifetime.

Dela Cruz v. Garcia

The private handwritten instrument is the lone piece of evidence submitted to prove filiation which should be signed by the acknowledging parent.

Jao v. CA

Result of blood test is not conclusive for the purpose of establishing paternity.

Cabatania v. CA

The extremely subjective test of physical resemblance or similarity is not competent evidence to prove paternity and filiation.

Heirs of Ignacio Conti v. CA

Baptismal certificate alone is not sufficient to prove filiation, but it was expressly held that it had evidentiary value to prove filiation if considered alongside other evidence of filiation.

Zuzuaregui v. Zuzuaregui

There is nothing in the new law from which we may infer that in order that an illegitimate child may enjoy his successional right he must first bring an action for recognition during the lifetime of the putative father as required by article 285 with regard to natural children.

Cache v. Udan

The legitimate collateral relatives of the mother cannot succeed from her illegitimate child.

Anuran v. Aquino and Ortiz

The illegitimate daughter cannot succeed to the estate of her uncle, who is a legitimate brother of her natural mother.

Grey v. Fabie

The illegitimate children of an uncle, who is a brother of the decedent's father cannot inherit from the decedent ab intestato because the latter is a legitimate child.

Pascual v. Pascual-Bautista

The illegitimate children of a legitimate child cannot inherit from the latter's legitimate brother.

Paulino v. Paulino

An illegitimate child, to be entitled to successional rights from the putative or presumed parent, must prove his filiation to the latter.