REPORT - Paternity and Filiation Chapter 1 (MOLINA)

TITLE VI

PATERNITY AND FILIATION

Chapter 1. Legitimate Children

Chapter 2. Proof of Filiation

Chapter 3. Illegitimate Children

Chapter 4. Legitimated Children

CONCEPT

Paternity

- civil status of the father in relation to his

child

Filiation

- civil status of the child in relation to his or

her parents

CONCEPT

Importance of establishing paternity and

filiation: determination of rights and

obligations

- use of surname

- parental authority, child custody

- support

- inheritance

CONCEPT

The law is concerned with the establishment of paternity only and not maternity

- nature always points out the mother by evident signs

- the mother is always certain as to her maternity, whether married or not; the father is not

- the mother may not know or may feign ignorance as to the paternity

Chapter 1.

LEGITIMATE CHILDREN

A163 Types of Filiation

1. By nature

- established by blood relationship

a) Legitimate A164

b) Illegitimate A165

2. By adoption

- a juridical act which creates between

two persons a relationship similar to that

arising from legitimate filiation

A164 Legitimate Children

1. Children conceived or born DURING the

marriage of the parents

2. Children conceived as a result of artificial

insemination (AI)

A164(1) Children of valid marriages

1. Children

a. conceived before marriage, born during marriage

b. conceived during marriage, born during marriage

c. conceived during marriage, born after dissolution

of marriage (subject to A168)

2. Children conceived or born in a voidable

marriage A54

A164(2) Artificial Insemination

- It is the “introduction of semen into the vagina other than by coitus”

Classification:

1. A.I.H. – Artificial Insemination Husband (homologous)

2. A.I.D. – Aritificial Insemination Donor (heterologous)

3. A.I.H.D – Artificial Insemination Donor or Confused Artificial Insemination


- Subsumed under NATURAL FILIATION;

child produced is considered LEGITIMATE

- Although in reality, the husband may not

be related to the child


Requisites:

1. Artificial insemination of the wife a. With sperm of husband

b. With sperm of a donor

c. With sperm of both

2. That both spouses authorized or ratified the AI

3. Written instrument a. Executed and signed by both

b. Before the birth of the child

c. Recorded in the civil registry with the birth certificate


Material: Consent of spouses

- Considered natural and legitimate filiation

despite the absence of a blood

relationship between the husband and the

child

- Bars invocation of A166(1)(c)


Surrogacy not contemplated by the FC

“surrogacy”

- A procedure whereby a woman conceives

and carries a child for someone else either

free of charge or for a consideration

a. traditional

b. gestational


Surrogacy not contemplated by the FC

- In Philippine jurisdiction, such agreement

is contrary to law, morals, and public policy

- What the law allows is the AI of the mother

with the sperm of her husband or of a

donor

- Not even surrogacy of a woman using the

husband’s sperm is recognized


Status of children in surrogacy

- Cannot be considered legitimate as to the

husband and wife, notwithstanding their

consent to the surrogacy contract

- The child may only establish a filiation with

the father as an illegitimate child, but he is

in no way related to the wife

In Re: Baby M (1988)

Facts:

Mary Beth Whitehead agreed to a (traditional) surrogacy contract in favor of the spouses Elizabeth and William Stern. She agreed to surrender the baby after birth to the natural father and his wife.

After the birth of the child, the Whiteheads no longer wished to surrender the baby. The Sterns asked the court to enforce the surrogacy contract and filed a complaint for the custody of the child.

The lower court favored the Sterns.

In Re: Baby M (1988)

Held:

The surrogacy contract is unenforceable for being in direct conflict with existing laws and public policies:

1. The involvement of money makes the transaction tantamount to baby-selling

2. The termination of parental rights and visitation rights is based on a stipulation and not on the governing laws (e.g. fitness, abandonment)

3. Unlike in adoption, which is revocable, the surrender of custody in this case is permanent

Johnson v. Calvert (1993)

Facts:

A couple entered into a (gestational) surrogacy

contract with nurse Anne Johnson. The couple’s

egg and sperm cells were implanted on Johnson.

They were to pay $200,000 for her life insurance.

In return, Johnson is to surrender the child.

The relations between them soured. Johnson

wanted to retain custody of the baby.

Johnson v. Calvert (1993)

Held:

The gestational mother cannot claim custody of

the child as she is not the “genetic, biological and

natural” parent thereof. The baby was a product of

the egg and sperm cells of the spouses.

The court considers the parties’ intention, or

from whom the concept of the child emanated. This

contract was NOT INCONSISTENT WITH PUBLIC

POLICY.

A165 Illegitimate Children

1. Children conceived and born outside a

valid marriage.

- outside of wedlock

- void marriages

* Exception: Unless otherwise provided in

the FC

- A54: void marriages under A36 and A53

- A43(1): void marriages under A41, A42

Status of Marriage: Importance VALID

MARRIAGE

VOIDABLE

VOID NO MARRIAGE

Legitimate A164 Legitimate A54 Illegitimate A165

Illegitimate A165

-Legal separation

-De facto

separation

Legitimate A54 - Psychological

incapacity A36

- Non compliance with

A52, A36(6), A53

Legitimate A43(1) - Subsequent

marriages contracted

in good faith A41,

A42

Unless

legitimated A177

CASE LAW

Perido v. Perido (1975)

Facts:

Lucio Perido had 3 children from his first marriage and 5 children from the second marriage. Upon his death, his surviving children and grandchildren executed an extrajudicial partition of his estate.

The heirs from the first marriage alleges the illegitimacy and successional rights of those from the second marriage based on the following:

a. children from 2nd marriage was born before death of first wife

b. the land certificate indicated that Lucio Perido’s civil status was SINGLE

Perido v. Perido (1975)

Held:

The children from the 2nd marriage are

illegitimate. There being no cogent proof of the

inexistence of the 2nd marriage, the presumption in

favor of marriage shall prevail. The civil status in

the land certificates cannot overcome such

presumption.

The birth of the children from the 2nd marriage

was likewise proven to have occurred after the

death of the wife from the 1st marriage.

Liyao v. Liyao (2002)

Facts:

A woman who has been separated in fact with her

husband cohabited with a married man and gave birth

to William Liyao Jr. The son claims to be an illegitimate

son of Liyao Sr. and asks for the latter’s legal family for

recognition as compulsory heir. He presented proofs of

his being a recognized illegitimate son.

The CA ruled against the declaration of illegitimacy,

upholding the presumption of legitimacy arising from

Liyao Jr.’s mother’s subsisting marriage.

Liyao v. Liyao (2002)

Held:

The law favors the legitimacy rather than the

illegitimacy of the child. Liyao Jr. CANNOT

CHOOSE HIS OWN FILIATION. The fact that

Corazon’s husband, did not impugn the legitimacy

of the child fixed the latter’s status as legitimate.

The child cannot choose to be the child of his

mother’s alleged paramour.

REPORT - Paternity and Filiation Chapter 1 (MOLINA)

Documents

Transcript of REPORT - Paternity and Filiation Chapter 1 (MOLINA)