Atty. Abigail M. Asiddao-Alcantara Paternity and Filiation, Distinguished:
(i) Paternity is the civil status of a father in relation to the child;
(ii) Filiation is the civil status of a child in relation to his or her parents.
Two Kinds of Filiation:
(i) By nature, which includes artificial insemination
(ii) By adoption
Status of Children (1) Generally Determined by Status of Marriage
(a) Legitimate
(b) Illegitimate
(c) Legitimated
(d) Special case: children conceived of artificial insemination
(2) Presumption of Legitimacy
Status of Children Legitimate
If conceived or born during a valid marriage
Status of Children Illegitimate
If conceived or born outside of a valid marriage
Status of Children Legitimated
If the parents of the illegitimate child were, at the time of the childs conception, not legally barred from marrying each other and subsequently do so
Status of Children Special case: Children conceived of artificial insemination
Whether the sperm is that of the husband or that of a donor, the child is legitimate if:
(i) Both the husband and the wife authorized or ratified such insemination in a written instrument; and
(ii) Such written instrument is executed and signed by them before the birth of the child.
Presumption of Legitimacy
A child conceived or born during a valid marriage is presumed to be legitimate.
* To protect innocent offspring from the stigma of illegitimacy
* For this presumption to apply, there must be convincing proof of factual basis that:
(i) the childs parents were legally married; and
(ii) his/her conception or birth during the subsistence of that marriage
Presumption of Legitimacy
The husband and wife were separated in fact for many years. During their separation de facto, the wife had an illicit relation with another man, with whom she cohabited and had a child. When the paramour died, the wife, on behalf of her child, filed an action for compulsory recognition of the paramour for the purpose of partaking in his vast estate.
The Supreme Court denied the action because the child is presumed to be a legitimate child of the husband and wife, the child being conceived and born during the couples valid marriage.
(Liyao, Jr. V. Tanhoti-Liyao, 378 SCRA 563 [2002])
Presumption of Legitimacy
The presumption of legitimacy will not be affected even if the mother may have declared against the childs legitimacy or may have been sentenced as an adulteress.
* This applies only to a situation where the wife denies the paternity of the husband, and not where a child is alleged not to be the biological child of the couple. Who can impugn the childs legitimacy? The husband, or in exceptional cases, his heirs.
Why?
The husband is the one directly confronted with the scandal and ridicule which the infidelity of his wife produces and he should be the one to decide whether to conceal that infidelity or expose it in view of the moral and economic interest involved.
When can the heirs of the husband file an action to impugn the legitimacy of a child? (i) If husband dies before the expiration of the prescriptive period;
(ii) If husband dies after the filing of the action without desisting; and
(iii) If child was born after the death of the husband. Prescriptive Period of Action to Impugn Legitimacy From knowledge of birth or recording of such birth in the civil register:
One (1) year- if husband, or in exceptional cases, any of his heirs, resides in the city or municipality where birth took place or was recorded;
Two (2) years- if husband, or in exceptional cases, any of his heirs, does not reside at the place of birth or where it was recorded, but all are not residing outside the Philippines;
Three (3) years- if husband, or in exceptional cases, any of his heirs, resides abroad. Grounds to Impugn Legitimacy (1) Physical Impossibility of Sexual Intercourse (within the period of conception or within the first 120 days of the 300 days immediately preceding the birth of the child)
(2) Biological or Scientific Reasons (Husband Could Not be Father)
(3) In artificial insemination, written authorization or ratification of either parent was obtained thru mistake, fraud, violence, intimidation or undue influence
Physical Impossibility of Sexual Intercourse
(a) Impotency (not sterility)
*Impotency: physical inability to copulate; failure to have an erection
*Sterility: ability to procreate; failure to have a child
Physical Impossibility of Sexual Intercourse
(b) Husband and wife living separately and sexual intercourse impossible (no physical access)
Physical Impossibility of Sexual Intercourse
(c) Serious illness of husband which absolutely prevented sexual intercourse
* Just because tuberculosis is advanced in a man does not necessarily mean that he is incapable of sexual intercourse. (Andal v. Macaraig, 89 Phil. 164 [1951)
Biological or Scientific Reasons
(a) Estoppel
* Husband expressly prohibited from assailing childs legitimacy if he authorized or ratified such artificial insemination in the manner required by law
Biological or Scientific Reasons
(b) Blood Testing
*conclusive on non-paternity
*inconclusive on paternity (putative father a possible father of the child)
Biological or Scientific Reasons
(c) DNA
*Genetic identity unique
Action to Prove Filiation
* Not subject to agreement of the parties
*Must be judicially established
*Direct action
Accepted Proof of Filiation
(1) Record of Birth appearing in the Civil Register or a Final Judgment
*Prima facie evidence of filiation
*Putative father must have a hand in the preparation of birth certificate
Accepted Proof of Filiation
(2) Written admission of (legitimate or illegitimate) filiation
*Notarial agreement to support a child
*Will
Accepted Proof of Filiation Photographs not sufficient evidence of acknowledgment
Letters complimentary ending Su Padre, not indubitable acknowledgment of paternity; merely indicates the writers solicitude for the well-being of the child
Baptismal certificates not proof of recognition; evidence only to prove the administration of the sacraments on the dates therein specified Accepted Proof of Filiation
(3) Open and continuous possession of status *Uninterrupted and consistent; does not require any particular length of time
*A showing of permanent intention of the supposed Father to consider the child as his own Accepted Proof of Filiation
(4) Any other means allowed by the Rules of Court or Special laws
(a) DNA Test
(b) Blood Test
Accepted Proof of Filiation
(c) Physical resemblance: extremely subjective test
Rights
LEGITIMATE CHILDREN
ILLEGITIMATE CHILDREN
1. To bear the surname of the father and mother
2. To receive support from parents, ascendants, and in proper cases, their brothers and sisters
1. To bear the surname of the mother; may optionally use the surname of the father if his/her filiation has been expressly recognized in a public or private document
2. To receive support in conformity with the Family Code
Rights LEGITIMATE CHILDREN
ILLEGITIMATE CHILDREN 3. To be entitled to their legitime and other successional rights
4. Primary beneficiaries (SSS and GSIS)
5. Father entitled to paternity leave (seven [7] days with full pay) 3. To be entitled to legitime which shall consist of one-half of the legitime of a legitimate child
4. Not primary beneficiaries
5. Father not entitled to paternity leave
Illegitimate children shall be under the parental authority only of their mother, whether or not father admits paternity.
Effect of recognition of paternity by father:
(i) Support
(ii) Visitation rights (but not custody) Adoption
(a) Juridical act
(b) Proceeding in rem
* The registered name of the adoptee in the birth certificate and the names by which the adoptee had been known must be stated in the caption of the petition for adoption.
(c) Creates between two persons a relationship similar to that which results from legitimate paternity and filiation Adoption
A mere ampon who was treated as a child by a certain couple, though not related to them by blood, is not entitled to the same rights accorded to legitimate children, in the absence of a judicial decree of adoption. Adoption *Simulation of birth: the tampering of the civil registry to make it appear in the birth certificate that a certain child was born to a person who is not his/her biological mother
*Does not produce the legal effects of adoption Rules of Preference in Adoption
(1) Preference in favor of extended family (over adoption by an unrelated person)
(2) Preference in favor of domestic adoption
* Inter-country adoption shall be resorted to only when domestic adoption of the child is not available, and inter-country adoption is in the best interest of the child.
Effects of Domestic Adoption
(1) Transfer of parental authority
(2) Legitimacy
(3) Successional rights
(4) Issuance of new certificate and first name and surname of adoptee
* Original certificate: stamped with cancelled
Adoption May a person who already has children of his own adopt? Yes, provided he is in a position to support and care for his children, legitimate or illegitimate, in keeping with the means of the family, both material and otherwise. Adoption May a person with adopted children still adopt another child?
Yes, provided he is in a position to support and care for his children, legitimate or illegitimate, in keeping with the means of the family, both material and otherwise.
Adoption May a person adopt a close relative such as a grandchild, or a brother or sister, or a step-child?
Yes, assuming that all the requisites of a valid and effective adoption are present. The fact that the adoption would result in a dual relationship between the parties should not prevent the adoption. One is by nature, while the other is by legal fiction. (See Santos, Jr. v. Republic, 21 SCRA 379 [1967]