Topic: Rights of Illegitimate Children
Tags: Paternity and Filiation > Illegitimate Children > Rights of Illegitimate Children
Facts
This is a criminal case in Negros involving a mentally-retarded woman and subsequently gave birth to a child. Torillano alias “dodo” was convicted and sentenced by the trial court “to suffer the penalty of reclusion perpetua; to compulsorily acknowledge the child when born as a result of his act; to render support to the same child until he/she attains 21 years….” Tortillano disagrees and seeks to reverse it.
Issue:
Should Dodo be compelled to acknowledge and support the child?
Ruling:
Compulsory acknowledgment, as well as the support of the child is indeed proper there being no legal impediment in doing so, as it appears that complainant and appellant are both single. The crime of rape committed by the accused carries with it, among others, the obligations to acknowledge the offspring if the character of its origin does not prevent it and to support the same. “Illegitimate children shall be entitled to support in conformity with this Code.” [Art 176]
English