ARTICLE 172

ARTICLE 172The Filiation of legitimate children is established by any of the following:The record of birth appearing in the civil register or a final judgment; orAn 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:The open and continuous possession of the status of a legitimate child; orAny other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)1Filiation Established(Chun Chong v. Collector of Customs, Chun Yeng v. Collector of Customs)SC observed that parentage, lineage and legitimacy cannot be made to depend upon parental physiognomy or bodily marks of similarity.There is scarcely a family among any of the nationalities where there are a number of children, when one or more of them, due to heredity perhaps, do not resemble either of the immediate parents.Lineage cannot depend wholly upon the presence or absence of paternal similarity of physical appearance.2Filiation Established(Cabatania v. Court of Appeals, GR 124814, October 21, 2004)SC said that in this age of genetic profiling and 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.3Art 164 (Legitimate children)children conceived or born inside a valid marriage.Art 165 (Illegitimate children)children conceived or born outside a valid marriage or inside a void marriage, unless otherwise provided by law.Art 172 (Proofs of Legitimacy)provides for the documents establishing the filiation of legitimate of Illegitate children.the legitimate or illegitimate filiation does not arise from the stmts and admissions made in the dox mentioned in para 1 and 2 but from the fact that the children were conceived or born inside or outside a valid marriage or inside a void one.para 1 and 2 may pale in legal significance upon a clear showing that the children were illegitimate or not.4PROBATIVE VALUE OF THE SAID DOCUMENTS however, attains great weight and significance over all other evidence where the children were born 300 days following the termination of the marriage and no subsequent marriage has been entered into.Art 169the illegitimacy or legitimacy shall be proved by whoever alleges such legitimacy or illegitimacy.5

Not subject to agreementmust be judicially established and it is for the court to declare its existence or absence.cannot be left to the will or agreement of the partiesmust be resolved according to the requirements of the law.6SC nullified a RTC decision based on the compromise agreement executed between one Mary Jane Dy Chiao-De Guzman, guardian ad litem of her brothers Benito Dy Chiao, Jr. and Benson Dy Chiao, and one Benedick ArevaloBenedick (represented by his mother-Shirley Arevalo) filed a complaint against Mary Jane, Benito Jr., and Benson, all surnamed Dy ChiaoCase for compulsory recognition as the ILLEGITIMATE CHILD of their deceased father, Benito Dy Chiao, Sr. Case: Jose Rivero, et.al. vs. Court of Appeals, Mary Jane Dy Chiao-De Guzman7ContCase: Jose Rivero, et.al. vs. CA, Mary Jane Dy Chiao-De GuzmanDecember 6, 1996 - Mary Jane and Benedick signed the compromise agreement in question.A week later, RTC approved the agreement, rendered judgment.RTC issued a writ of execution by virtue of which public auction sale of properties belonging to the estate of the deceased.On Benitos appeal, CA nullified the RTC decision, voiding the writ of execution and subsequent sale of the properties.8ContCase: Jose Rivero, et.al. vs. CA, Mary Jane Dy Chiao-De GuzmanRTC has no jurisdiction over Benedicks action for recognition as the ILLEGITIMATE son of Benito, Sr. and for partition of his estate.Denial of petitioners motion for reconsideration led to the elevation of the case to the SCSC affirmed CA, it construed the compromise agreement signed by Mary Jane and Benedick as relating to filiation.9ContCase: Jose Rivero, et.al. vs. CA, Mary Jane Dy Chiao-De GuzmanIn the agreement, Mary Jane recognised Benedick as the illegitimate son of her deceased father, for the consideration of Php 6M to be taken from the estate of her father, the waiver of other claims against the said estate, and the waiver by the Dy Chiao siblings of their counterclaims against Benedick. The Court held that Mary Janes recognition was ineffectual since under the law, recognition must be made personally by the putative parent and not by any brother, sister or relative. A compromise agreement executed in behalf of another by one who is not duly authorised to do so by the principal, is void and no legal effect, and the judgement based on that is null and void,10ContCase: Jose Rivero, et.al. vs. CA, Mary Jane Dy Chiao-De GuzmanArticle 2035(1) of the New Civil Code provides that no compromise upon the civil status of persons shall be valid.Paternity and filiation, or the lack of the same, is a relationship that must be judicially established, and it is for the court to determine its existence or absence. Cannot be left to the will or agreement of the parties.11ACCEPTED PROOF OF FILIATIONThe record of birth appearing in the civil register or a final judgment; orAn admission of legitimate filiation in a public document or a private handwritten instruction and signed by the parent concerned.

In the absence of the foregoing evidence, the LF shall be proved by :Open and continuous possession of the status of a legitimate child; orAny other means allowed by the Rules of court and Special laws (265a, 266a, 267a)12ACCEPTED PROOF OF FILIATIONThe record of birth appearing in the civil register or a final judgment; orBirth certificate formidable piece of evidence prescribed by both the Civil Code and Art. 172 of the FC public document (National Statistics Office)offers prima facie evidence of filiationa high degree of proof needed to overthrow the presumption of truth contained in such public document.Note: Baptismal Certificate, a private document, is not a conclusive proof of filiation. SC declared that is is only to prove the administration of the sacrament on the dates therein specified, but not the veracity of the declarations13Sample of a NSOBirth Certificate

14An example of a NSO (National Statistics Office) authenticated ROB (report of birth) / birth certificate from the Philippines on SECPA (security paper) that was originally reported at the Philippine Consulate General Los Angeles in California, United States of America

15If the alleged fathersigned the birth certificate. This is considered as ACKNOWLEDGMENT of paternity and the mere presentation of a duly authenticated copy of such certificate will successfully establish filiation.did not sign the birth certificate. What is important is that the putative father had a hand in the preparation of the birth certificate.did not sign the birth certificate. The inscription of his name by the mother or doctor or registrar is null and void; the mere certificate by the registrar w/o the signature of the father is not proof of voluntary acknowledgement on the latters part.16Case: Ilano vs Court of AppealsParties: Leoncia Delos Santos (former secretary of a lawyer)Artemio Ilano (client of the lawyer)

Facts:Leoncia and Artemio cohabited and lived together as husband and wife. Leoncia gave birth to a baby girl named Merceditas S. Ilano. At 5pm, Artemio came and was interviewed by the nurse who inquire about the bio-date of the child. Leoncia was unconscious so Artemio supplied the information to the nurse who told Artemio that the info has to be recorded in the formal form and has to be signed by Artemio. Nurse did not return.

Held:SC affirmed the CAs findings that the Birth Certificate in question was competent evidence of paternity although not signed by the father, since the latter supplied all data about the childs birth.17ACCEPTED PROOF OF FILIATIONThe record of birth appearing in the civil register or a final judgment; orFinal judgmentjuridical decision bearing on the status of the children as legitimate and hence, binding and conclusive.public document.if however this FJ is based on a compromise agreement on the status of a person void18ACCEPTED PROOF OF FILIATIONAn admission of legitimate filiation in a public document or a private handwritten instruction and signed by the parent concerned. Admission in public or private handwritten documentmust be signed by the parent concernedmade personally by the parent himself or herself, NOT by any brother, sister or relativeif in public document, must be for the purpose of admission of filiation and not some other purpose.may be established by holographic or notarial wills EXCEPT that they no longer need to be probated or to be strictly in conformity with the formalities thereof for purposes of establishing filiation.19Admission in public or private handwritten document in Lim v. CA, the SC ruled thatthere was no doubt that the petitioner was the father of the illegitimate child because the evidences convincingly show this.the petitioner (Lim) paid the hospital bills of the mother who gave birth.he was the one who caused the REGISTRATION of the name of the child using his surname in the birth cert.he wrote handwritten letters to the mother and child stating his promise to be a loving father and caring husband to both of youwhen the mother was pregnant, he advised her in a letter to take a lot of rest especially in the situation youre in now clearly referring to the mothers pregnancy relative to the child.there were also pictures of the petitioner on various occasions cuddling the child.20ACCEPTED PROOF OF FILIATIONOpen and continuous possession of legitimate status.Open and continuous possession of legitimate status.means the enjoyment by the child of the position and privileges usually attached to the status of a LC such as bearing the paternal surnametreatment of the parents and family as legitimateconstant attendance to the childs support and education,giving the child the reputation of being a child of his parents.21SC explained in Mendoza v. CA Continuous does not mean that the concession of status shall continue forever but only that it shall not be of an intermittent character while it continues. The possession of such status means that the father has treated the child as his own, directly and not through others, spontaneously and without concealment though without publicity xxx. There must be a showing of the permanent intention of the supposed father to consider the child as his own, by continuous and clear manifestation of paternal affection and care22ACCEPTED PROOF OF FILIATIONAny other means allowed by the Rules of Court and Special Laws.Any other means allowed by the Rules of Court and Special Laws.Physical Resemblance (Tijing v. CA) Blood TestDNA Test (Cabatania v. CA) CONCLUSIVEOther Proof (family portrait NOT sufficient proof)23Any other means allowed by the Rules of Court and Special Laws.SC held that (In Mendoza v CA, Sept 24, 1991)in view of the fact that filiation may be proved by any means allowed by the Rules of Court and special laws, this may consist of:

baptismal certificate, a judicial admission, a family bible in which his name has been entered, common reputation respecting his pedigree, admission by silence, the testimony of witnesses and such other kinds of proof admissible under Rule 130 of the Rules of Court.24ARTICLE 173The 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 these cases, the heirs shall have a period of five years within which to institute the action.

The action already commenced by the child shall survive notwithstanding the death of either or both of the parties. (268a)25WHO MAY INSTITUTE ACTIONAction to Claim LegitimacyStrictly PERSONAL right of the CHILD, which he or she may exercise at anytime during his or her lifetime.Exceptions childs heirs may exercise said right in the following instances:when the child dies during minority when the child dies in state of insanity when the child dies after the commencement of the action(Prescriptive period 5 yrs from the death)26WHO MAY INSTITUTE ACTIONAction to Establish Illegitimate Filiationmay be brought by the child within the same period specified in Art. 173, that is at any time during his or her lifetime and even after the death of the parents.except when the action is based on the 2nd paragraph of Art. 172, in which case the action must be brought during the lifetime of the alleged parent. The putative parent is given by the FC a chance to dispute the claim.27ARTICLE 174Legitimate children shall have the right:

To bear the surnames of the father and mother, in conformity with the provisions of the Civil Code on Surnames; To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; andTo be entitled to the legitime and other successional rights granted to them by the Civil Code. (264a)283 KINDS OF HEIRSVOLUNTARY, those who become as such only by the express will of the testator in the latters will and testament (present only in testamentary succession)LEGAL OR INTESTATE, those who are called by the law to the succession in the absence of voluntary heirs designated by the testator (present only in intestate succession) COMPULSORY, those who are entitled to the legitime and cannot be deprived thereof by the testator unless properly disinherited by testator.29rights of legitimate children

SURNAMESurname of Father and Mother

SUCCESSIONThose granted in the Civil Code

SUPPORTIn accordance to the provisions of Family Code Articles 195 and 199 (Priority set by law)30