Tags: Paternity and Filiation > Illegitimate Children > Proof of Filiation
Facts:
Petitioner Maria Alicia insists that she is the natural daughter of Pablo Leuterio, being conceived at the time that Pablo and her mother did not have legal impediments to marry each other. She argues that Pablo recognized her status before his death, and therefore she is legitimated. Lower courts ruled that her evidences are insufficient, and that Pablo even desisted to acknowledge petitioner.
| Petitioner | Respondents |
| With RTC (1962 Pleading)she “was in the uninterrupted possession of the status of a natural child of the decedent and her mother,” the existence of “indubitable writings . . . discovered only a month ago, wherein the decedent expressly acknowledged his being . . . (her) father. . . .”8 3 of 4 surviving relatives of the father.Common reputationSecondary evidences | With CA:Respondents: Ana was a househelp in the house of Pablo. Pablo has no child with his previous wife, and it is not unusual if he looked upon Maria Alicia as if she were his own daughter in or outside his residence. |
CA Ruling: the birth certificate, baptismal certificate and the photographs do not bear the signatures of Pablo expressing his acknowledgment of Maria Alicia as his natural daughter with Ana Maglanque.
Issue:
Is Maria Alicia legitmated child of Pablo?
Ruling:
The petition is without merit, and cannot be granted.
(1) CA was correct in stating: “(r)ecognition under the Civil Code of 1889 “must be precise, express and solemn” whether voluntary or compulsory. there was no factual basis on which to rest a declaration of involuntary recognition
An involuntary recognition of a natural child may be made:
(a) by an incontrovertible paper written by the parent
(b) by giving such child the status of a natural child of the father, justified by direct act of the child of the father or his family (art. 135, Civ. Code); and
(c) by a criminal action for rape, seduction or abduction. (par. 2, art. 449, Pen. Code).
(2) variously, insufficient, unpersuasive and spurious—petitioner’s evidence both oral and documentary bearing on her alleged status as a natural child of Pablo Leuterio
English