Persons and Family Relations Jurisprudence

Cabatania v ca

GR No. 124814

October 21, 2004

ISSUE:  

Florencia, a married househelp had sexual intercourse with Camelo Cabatania and allegedly had a child from him named Camelo Regodos. Can the court compel petitioner Camelo Cabatania to acknowledge Regodos as his illegitimate son and to give support to the latter?

APPLICABLE LAW:

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

(1) The record of 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.

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

RULING:

The fact that Florencia’s husband is living and there  is a valid subsisting marriage between them gives rise to the presumption that a child born  within that marriage is legitimate even though the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (Article 167 of the Family Code)

In this age of genetic profiling and deoxyribonucleic acid (DNA) analysis, the extremely subjective test of physical resemblance or similarity of features will not suffice as evidence to prove paternity and filiation before the courts of law.

Republic v Capote

GR No. 157043

February 2, 2007

ISSUE:

Minor Giovanni Gallamaso is born on July 9, 1982 and is the illegitimate child of Corazon Nadores and Diosdado Gallamaso. Can his name be changed to Giovanni Gallamaso, taking to account that his father never recognized him as his?

  

APPLICABLE LAW:

When Giovanni was born in 1982 (prior to the enactment and effectivity of the Family Code of the Philippines),

the pertinent provision of the Civil Code then as regards his use of a surname, read:

Art. 366. A natural child acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent.

Meanwhile, according to the Family Code which repealed, among others, Article 366 of the Civil Code: 

Art. 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.

RULING:

Based on this provision, Giovanni should have carried his mother’s surname from birth. The records do not reveal any act or intention on the part of Giovanni’s putative father to actually recognize him.

Applying these laws, an illegitimate child whose filiation is not recognized by the father bears only a given name and his mother’ surname, and does not have a middle name. The name of the unrecognized illegitimate child therefore identifies him as such.   

Concepcion v ca

G.R. No. 123450

August 31, 2005

ISSUE:

Gerardo Conception and Maria Theresa Almonte were married in 1989 and had a son Jose Gerardo in 1990. However, their marriage was annulled in 1991 on account of Maria Theresa’s former marriage with Mario Gopiao, thus committing bigamy. Almonte, enraged by the annulment case filed by Conception making Jose Gerardo illegitimate, assailed the visitation rights given to Concepcion by the RTC. What is the status of Jose Gerardo? 

APPLICABLE LAW:

Article 164 of the Family Code which states “The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced an adulteress.”

RULING:

Only Mario and his heirs can contest the legitimacy of Jose Gerardo. Also, Mario and Maria Theresa were living in the same city (Quezon City), so sexual intercourse is presumed. Jose Gerardo is a legitimate child of Mario and Maria Theresa.