11/19/2014

PROOF: Filiation

Filiation
To reiterate, to prov e the relationship of respondents mother to Juan Gabatan, our laws dictate that the best
ev idence of such familial tie was the record of birth appearing in the Civ il Register, or an authentic
docum ent or a final judgm ent. In the absence of these, respondent should hav e presented proof that her
mother enjoy ed the continuous possession of the status of a legitim ate child. Only in the absence of
these two classes of ev idence is the respondent allowed to present other proof admissible under the Rules of
Court of her mothers relationship to Juan Gabatan. (Heirs of Gabatan v s. Court of Appeals, G.R. No. 1 50206,
March 1 3, 2009)

As to the third element, appellant himself admitted that the deceased is his child. While Noemars birth certificate was
not presented, oral evidence of filial relationship may be considered. As earlier stated, appellant stipulated to the fact
that he is the father of Noemar during the pre-trial conference and likewise made the same declaration while under
oath. Maria also testified that Noemar and Junior are her sons with appellant, her husband. These testimonies are
sufficient to establish the relationship between appellant and Noemar (People v. Sales, G.R. No. 17 7 218, October 3,
2011)
P O S T ED B Y V I NZ C R UZ A T 7: 41 A M

http://proofrequired.blogspot.com/2009/07/filiation.html

1/1