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MARTINEZ V.

MENDOZA (2006)
Summary: A participant in the Nida Blanca murder case was allegedly abducted 1. PROPRIETY OF HABEAS CORPUS
and was last seen by Philip Medel at the CIDG in Camp Crama. As the alleged - can’t use habeas corpus in case of disappearances: the grant of relief in a
mastermind Martinez has been missing, his family filed a petition for writ of habeas habeas corpus proceeding is not predicated on the disappearance of a person, but
corpus against CIDG and PNP officers. Court held that for the petition to be granted, on his illegal detention. Habeas corpus generally applies to "all cases of illegal
the petitioner must establish by competent and convincing evidence that the confinement or detention by which any person is deprived of his liberty or by which
missing person, on whose behalf the Petition was filed, is under the custody of the the rightful custody of any person is withheld from the person entitled thereto."
respondents. As the petitioners here merely relied on the statements of Philip Medel, -objective of habeas corpus:
who the court found doubtful, the Court denied the petition. * relieve a person from unlawful restraint. It is devised as a speedy relief from
When respondents deny custody of an allegedly detained person, petitioners have unlawful restraint.
the duty of establishing the fact of detention by competent and convincing * to determine whether the person under detention is held under lawful
evidence; otherwise, the writ of habeas corpus cannot be issued. Nonetheless, when authority/inquire into the cause of detention of a person: determine whether a
the disappearance of a person is indubitable, the law enforcement authorities are person is being illegally deprived of his liberty.
duty-bound to investigate it with due diligence and to locate the missing person. >if illegal detention: release person
When the wrongdoing is attributable to the police agencies and/or their agents, the >if lawful detention: HC proceedings terminate.
aggrieved may secure the assistance of the People’s Law Enforcement Board or the
Commission on Human Rights. 2. FORCIBLE TAKING AND DISAPPEARANCE
When forcible taking and disappearance -- not arrest and detention -- have been
Facts: alleged, the proper remedy is not habeas corpus proceedings,
-MICHAEL MARTINEZ, a resident of Sun Valley, Paranaque, was reported to be but criminal investigation and proceedings.
abducted while on his way to his mother’s house nearby. The said abductin was -even if the agency tasked with investigating crimes are suspected of being
reported to the authorities responsible for the disappearance of a person who is the subject of HC proceedings,
-in the evening when MARTINEZ was abducted, the CIDG presented before the it will not convert the courts into -- or authorize them through habeas corpus
media PHILIP MEDEL, JR. who allegedly named MARTINEZ as the person who proceedings to be -- forefront investigators, prosecutors, judges and executioners all
introduced him to ROD LAUREN STRUNK, the husband of Nida Blanca who was also at the same time.
the alleged mastermind in her killng. PHILIP MEDEL narrated that he say MARTINEZ - proceeding for habeas corpus cannot be used as a substitute for a thorough
at the CIDG at Camp Crame. criminal investigation.
-PHILIP MEDEL reiterated that he saw MARTINEZ to the brother of MARTINEZ, even - people may refer their complaints to the PLEB (People’s Law Enforcement Board,
describing the clothes MARTINEZ was wearing when he was abducted. tasked to investigate abuses of PNP), which should be part of their arsenal in the
-the Martinez family prayed for the release of MARTINEZ, or that they be allowed to battle to resolve cases in which members of the PNP are suspected of having caused
see him, but CIDG did not grant their request the disappearance of anyone.
-so Martinez family filed a petition for habeas corpus vs PNP and CIDG officials to
produce MARTINEZ or to justify the continued detention of his liberty. IN THE MATTER OF PETITION FOR HABEAS CORPUS, ASHRAF
-RTC set petition for hearing, directed respondents to show cause why writ should KUNTING (2006)
not issue Summary: Kunting, an alleged Abu Sayyaf Group member involved in the
-RETURN: kidnappings in Mindanao was detained by the PNP Intelligence group but the TC in
* denied any participation or involvement in the alleged abduction or Basilan where he was charged with Kidnapping for Ransom and Serious Illegal
disappearance of Martinez Detention ordered that he be turned over to the said TC as Kunting filed an Urgent
* Martinez was never confined or detained by them or in their custody Motion for Reinvestigation with them. The said orders were not heeded by PNP-IG,
-HEARING: same stand of respondents. Petitioners presented Philip Medel: said that alleging that there was a pending motion for a change of venue filed as it was
he even saw ESPINA (one of the defendants) boxed Martinez in the stomach alleged that there would be efforts by the ASG to recover custody of Kunting if he be
RTC: granted the petition brought to Basilan and that this plan may succeed, due to the inadequate security
CA: reversed RTC facility in the municipal jail and its proximity to the area of operation of the ASG.
1.Medel’s credibility was highly suspect: contradicted himself as to material facts Thus, Kunting filed petition for HC. Court initially said that Kunting should not be
turned over, he being legally detained. However, as there were insufficient evidence
2.Espina’s positive testimony that he was at home at the time when he allegedly
to prove that there was a pending motion for transfer of venue, the court granted
boxed Martinez was never controverted.
the transfer.
3.Presumption of regularity in the performance of their official duties. "once the person detained is duly charged in court, he may no longer question his
4.CIDG was equally concerned with the safety of MARTINEZ who is a vital witness detention by a petition for the issuance of a writ of habeas corpus."
to the case.
Facts
WON THE DENIAL OF THE PETITION WAS PROPER? YES -Ashraf KUNTING was charged in RTC Basilan with 4 counts of Kidnapping for
petitioner must establish by competent and convincing evidence that the missing Ransom and Serious Illegal Detention. Warrants of arrest were issued by RTC Basilan
person, on whose behalf the Petition was filed, is under the custody of respondents. -he was arrested in Malaysia for violation of Malaysian Internal Security Act, was
HERE: evidence insufficient to convince Court that the respondents have MARTINEZ turned over to the PNP-IG and Task Force Salinglahi, flown to RP and brought to
in their custody Camp Crame for booking and custodial investigation

1|Special Proceedings_Balbastro_Cha Mendoza (assignment No. 11-12)


-PNP-IG requested RTC Basilan that KUNTING be temporarily detained with them due
to high security risks involved and prayed for corresponding commitment order
-RTC instead ordered that he be turned over to them due to the URGENT MOTION Section 2. Contents of petition. - A petition for change of
FOR REINVESTIGATION filed by KUNTING name shall be signed and verified by the person desiring his
-PNP-IG wrote to Chief State Prosecutor Zuño to represent them and to file a motion name changed, or some other person on his behalf, and shall set
for transfer of venue on the possibility that if KUNTING would be transferred to forth:
Basilan, ASG would recover his custody
-RTC denied KUNTING’s motion for reinvestigation since PNP-IG has not turned over (a) That the petitioner has been a bona fide resident of the
KUNTING, and reiterated their order to turn over KUNTING province where the petition is filed for at least three (3) years
-with their letter to Chief Prosecutor Zuño still unheeded, PNP OIC of Legal Affairs prior to the date of such filing;
Division filed a Motion to defer the implementation of the Order pending the motion (b) The cause for which the change of the petitioner's name is
for the transfer of the venue.
-KUNTING filed Petition for HC w/SC: sought;
• Restrained of his liberty (c) The name asked for.
• Never informed of the charges filed against him until he requested his
family to research in Zamboanga that his name appeared in the list of Section 3. Order for hearing. - If the petition filed is sufficient
accused in the Lamitan kidnapping incident
in form and substance, the court, by an order reciting the purpose
• He never participated in the said kidnapping incident – led him to file
URGENT MOTION FOR REINVESTIGATION of the petition, shall fix a date and place for the hearing thereof,
• His detention was classified in the records as “for safekeeping purposes and shall direct that a copy of the order be published before the
only” hearing at least once a week for three (3) successive weeks in
some newspaper of general circulation published in the province,
WON the Petition should be granted? NO but…
as the court shall deem best. The date set for the hearing shall
- The remedy of habeas corpus has one objective: to inquire into the cause of
detention of a person
not be within thirty (30) days prior to an election nor within four
>if illegal: release detainee (4) month after the last publication of the notice.
>if legal: HC proceedings terminate
-WRIT is NOT ALLOWED – Section 4 Section 4. Hearing. - Any interested person may appear at the
1. Person is under process issued by a court or judge + the court or judge had
jurisdiction to issue the process, render the judgment or make the order
hearing and oppose the petition. The Solicitor General or the
2. Jurisdiction appears after writ is allowed proper provincial or city fiscal shall appear on behalf of the
3. Person is charged with or convicted of an offense in RP Government of the Republic.
4. Person is suffering imprisonment under lawful judgment
-HERE:
* Kunting’s detention by the PNP-IG was under process issued by the RTC.
Section 5. Judgment. - Upon satisfactory proof in open court
* Kunting was charged with 4 counts of Kidnapping for Ransom and Serious Illegal on the date fixed in the order that such order has been published
Detention as directed and that the allegations of the petition are true, the
>>>so cannot be discharged since he was charged with a criminal offense court shall, if proper and reasonable cause appears for changing
-BUT wait, there’s more!
-Kunting has been detained by PNP-IG for 2 years while awaiting that DOJ make a the name of the petitioner, adjudge that such name be changed
motion for transfer of venue in accordance with the prayer of the petition.
- In the absence of evidence that the DOJ has indeed filed a motion for the transfer
of venue, In its Comment, the Office of the Solicitor General stated that the PNP-IG is Section 6. Service of judgment. - Judgments or orders
presently awaiting the resolution of the Motion for Transfer of Venue it requested
from the DOJ. rendered in connection with this rule shall be furnished the civil
-so while pending action on the motion, detention of Kunting is transferred to registrar of the municipality or city where the court issuing the
Basilan…good luck naman. same is situated, who shall forthwith enter the same in the civil
register.
AS SIGN MEN T NO . 12 : CHAN GE O F NA ME – RULE 103
REPUBLIC ACT NO. 9048
Section 1. Venue. - A person desiring to change his name shall March 22, 2001
present the petition to the *Court of First Instance of the province
in which he resides, or, in the City of Manila, to *the Juvenile and AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL
GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY
Domestic Relations Court. AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT

2|Special Proceedings_Balbastro_Cha Mendoza (assignment No. 11-12)


NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 The petitions filed with the city or municipal civil registrar or the consul general
OF THE CIVIL CODE OF THE PHILIPPINES. shall be processed in accordance with this Act and its implementing rules and
regulations.
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled: All petitions for the correction of clerical or typographical errors and/or change of
first names or nicknames may be availed of only once.
Section 1. Authority to Correct Clerical or Typographical Error and Change
of First Name or Nickname. - No entry in a civil register shall be changed or Sec. 4. Grounds for Change of First Name or Nickname. - The petition for
corrected without a judicial order; except for clerical or typographical errors and change of first name or nickname may be allowed in any of the following cases:
change of first name or nickname which can be corrected or changed by concerned (1) The petitioner finds the first name or nickname to be ridiculous, tainted with
city or municipal civil registrar or consul general in accordance with the provisions dishonor or extremely difficult to write or pronounce;
of this Act and its implementing rules and regulations. (2) The new first name or nickname has been habitually and continuously used by
the petitioner and he has been publicly known by the first name or nickname in the
Sec. 2. Definitions of Terms. - As used in this Act, the following terms shall community; or
mean: (3) The change will avoid confusion.
(1) "City or municipal civil registrar" refers to the head of the local civil registry
office of the city or municipality, as the case may be, who is appointed as such by Sec. 5. Form and Contents of the Petition. - The petition shall be in the form of
the city or municipal mayor in accordance with the provisions of existing laws. an affidavit, subscribed and sworn to before any person authorized by law to
(2) "Petitioner" refers to a natural person filing the petition and who has direct administer oaths. The affidavit shall set forth facts necessary to establish the merits
and personal interest in the correction of a clerical or typographical error in an of the petition and shall show affirmatively that the petitioner is competent to
entry or change of first name or nickname in the civil register. testify to the matters stated. The petitioner shall state the particular erroneous
(3) "Clerical or typographical error" refers to a mistake committed in the entry or entries which are sought to be corrected and/or the change sought to be
performance of clerical work in writing, copying, transcribing or typing an entry in made.
the civil register that is harmless and innocuous, such as misspelled name or
misspelled place of birth or the like, which is visible to the eyes or obvious to the The petition shall be supported with the following documents:
understanding, and can be corrected or changed only by reference to other existing (1) A certified true machine copy of the certificate or of the page or of the registry
record or records: Provided, however, That no correction must involve the change book containing the entry or entries sought to be corrected or changed;
of nationality, age, status or sex of the petitioner. (2) At least two (2) public or private documents showing the correct entry or entries
(4) "Civil register" refers to the various registry books and related certificates and upon which the correction or change shall be based; and
documents kept in the archives of the local civil registry offices, Philippine (3) other documents which the petitioner or the city or municipal civil registrar, or
Consulates and of the Office of the Civil Register General. the consul general may consider relevant and necessary for the approval of the
(5) "Civil registrar general" refers to the administrator of the National Statistics petition.
Office which is the agency mandated to carry out and administer the provision of
laws on civil registration. In case of change of first name or nickname, the petition shall likewise be
(6) "First name" refers to a name or nickname given to a person which may supported with the documents mentioned in the immediately preceding paragraph.
consist of one or more names in addition to the middle and last names. In addition, the petition shall be published at least once a week for two (2)
consecutive weeks in a newspaper of general circulation. Furthermore, the
Sec. 3. Who may File the Petition and Where. - Any person having direct and petitioner shall submit a certification from the appropriate law enforcement
personal interest in the correction of a clerical or typographical error in an entry agencies that he has no pending case or no criminal record.
and/or change of first name or nickname in the civil register may file, in person, a The petition and its supporting papers shall be filed in three (3) copies to be
verified petition with the local civil registry office of the city or municipality distributed as follows: first copy to the concerned city or municipal civil registrar, or
where the record being sought to be corrected or changed is kept. the consul general; second copy to the Office of the Civil Registrar General; and the
third copy to the petitioner.
In case the petitioner has already migrated to another place in the country and it
would not be practical for such party, in terms of transportation expenses, time and Sec. 6. Duties of the City of Municipal Civil Registrar or the Consul
effort to appear in person before the local civil registrar keeping the documents to General. - The city or municipal civil registrar or the consul general to whom the
be corrected or changed, the petition may be filed, in person, with the local civil petition is presented shall examine the petition and its supporting documents. He
registrar of the place where the interested party is presently residing or domiciled. shall post the petition in a conspicuous place provided for the purpose for ten (10)
The two (2) local civil registrars concerned will then communicate to facilitate the consecutive days after he finds the petition and its supporting documents sufficient
processing of the petition. in form and substance.

Citizens of the Philippines who are presently residing or domiciled in foreign The city or municipal civil registrar or the consul general shall act on the petition
countries may file their petition, in person, with the nearest Philippine Consulates. and shall render a decision not later than five (5) working days after the completion
of the posting and/or publication requirement. He shall transmit a copy of his
decision together with the records of the proceedings to the Office of the Civil
Registrar General within five (5) working days from the date of the decision.

3|Special Proceedings_Balbastro_Cha Mendoza (assignment No. 11-12)


Sec. 7. Duties and Powers of the Civil Registrar General. - The civil registrar Sec. 14. Effectivitiy Clause. - This Act shall take effect fifteen (15) days after its
general shall, within ten (10) working days from receipt of the decision granting a complete publication in at least two (2) national newspapers of general circulation.
petition, exercise the power to impugn such decision by way of an objection based
on the following grounds:
(1) The error is not clerical or typographical; RULE 103 RA 9048
(2) The correction of an entry or entries in the civil register is substantial or Nature of Judicial Administrative: Petition is filed
controversial as it effects the civil status of a person; or Proceeding before the local civil registrar or, for
(3) The basis used in changing the first name or nickname of a person does not fall non-resident citizens, the consul
under Section 4. general
The civil registrar general shall immediately notify the city or municipal civil Scope Substantial changes Correction of clerical or
registrar or the consul general of the action taken on the decision. Upon receipt of in name, including typographical errors and changes in
the notice thereof, the city or municipal civil registrar or the consul general shall surname first name or nickname
notify the petitioner of such action.

The petitioner may seek reconsideration with the civil registrar general or file the
appropriate petition with the proper court. Rule 108 RA 9048
If the civil registrar general fails to exercise his power to impugn the decision of the Nature of Judicial Administrative: Petition is filed with
city or municipal registrar or of the consul general within the period prescribed Proceeding the local civil registrar or, for non-
herein, such decision shall become final and executory. resident citizens, the consul general
Where the petition is denied by the city or municipal civil registrar or the consul Scope Substantial changes Correction of clerical or typographical
general, the petitioner may either appeal the decision to the civil registrar general in entries in the civil errors and changes in first name or
or file the appropriate petition with the proper court. registry, other than nickname
name
Sec. 8. Payment of Fees. - The city or municipal civil registrar or the consul
general shall be authorized to collect reasonable fees as a condition for accepting
the petition. An indigent petitioner shall be exempt from the payment of the said Rule 108 RULE 103
fee. Nature of Judicial Judicial
Proceeding
Sec. 9. Penalty Clause. - A person who violates any of the provisions of this Act Scope Substantial changes Substantial changes in name,
shall, upon conviction, be penalized by imprisonment of not less than six (6) years in entries in the civil including surname
but not more than twelve (12) years, or a fine of not less than Ten thousand pesos registry, other than
(P10,000.00) but not more than One hundred thousand pesos (P100,000.00), or name
both, at the discretion of the court. Who may File Any person interested Person desiring to change his name
in any act, event, or some other person on his behalf
In addition, if the offender is a government official or employee, he shall suffer the order, or decree
penalties provided under civil service laws, rules and regulations. concerning the civil
status of persons.
Sec. 10. Implementing Rules and Regulations. - The civil registrar general Where and Verified petition filed Petition filed in the RTC where the
shall, in consultation with the Department of Justice, the Department of Foreign How Filed in the RTC where the petitioner resides
Affairs, the Office of the Supreme Court Administrator, the University of the corresponding civil
Philippines Law Center and the Philippine Association of Civil Registrars, issue the registry is located
necessary rules and regulations for the effective implementation of this Act not Standing of Civil register Civil register is not a party to the
later than three (3) months from the effectivity of this law. Local Civil concerned is made proceeding.
Register party to the
Sec. 11. Retroactivity Clause. - This Act shall have retroactive effect insofar as it proceeding as a
does not prejudice or impair vested or acquired rights in accordance with the Civil respondent.
Code and other laws. Notice The court shall cause No mention of cause of notice to be
requirement reasonable notice to sent.
Sec. 12. Separability Clause. - If any portion or provision of this Act is declared be given to persons
void or unconstitutional, the remaining portions or provisions thereof shall not be named in the petition.
affected by such declaration. *tables from UP LAW BAROPS REVIEWER

Sec. 13. Repealing Clause. - All laws, decrees, orders, rules and regulations, YU V. REPUBLIC
other issuances, or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

4|Special Proceedings_Balbastro_Cha Mendoza (assignment No. 11-12)


Summary: An alien minor wants to apply for a change of name to a name by which citizenship. What is altered is only the name, which is that word or combination of
he was baptized and by which he is known in school but the JDRC denied his petition words by which a person is distinguished from others and which he bears as the
on the sole ground that he is an alien. label of appellation for the convenience of the world at large in addressing him, or in
speaking of or dealing with him. The situation is no different whether the person
Rule 103 does not say that only citizens of the Philippines may petition for a change whose name is changed be a citizen or an alien.
of name. The word “peson” is a generic term which is not limited to Filipino citizens, -purpose of petition: to determine whether there is proper and reasonable cause
but embraces all natural persons. The rule does not even require that the citizenship for the change of name
of the petitioner be stated in his petition. It is enough that the petition be verified, -granting of petition is discretionary: the change is not a matter of right but of
signed by the petitioner or some other person in his behalf, and set forth: judicial discretion, to be exercised in the light of the reasons adduced and the
(a) That the petitioner has been a bona fide resident of the province where the consequences that will likely follow
petition has been filed for at least 3 years to the date of filing; Disposition: Remanded
(b) The cause for which the change of name is sought; and
ONG PENG OAN V. REPUBLIC
(c) The name asked for Section 2. Summary: A Chinese man, convicted twice before for gambling, wants to change
The rule is clear and affords no room for interpretation. It sets forth all the his name allegedly because he has been using it since his arrival in the Philippines,
requirements and Filipino citizenship is not one of them. and it is with this name that he has been known. Court found that he has different
aliases, and uses it whenever he pleases, so this doesn’t show that his petition was
Facts justified.
JOSELITO YU, represented by guardian ad litem JUAN SY BARRERA, filed a petition for The change is not a matter of right but judicial discretion, to be exercised in the light
the Change of his name from JOSELITO YU to RICARDO SY of the reasons adduced and the consequences that will likely follow.
-allegations: A change of name is a mere privilege and not a matter of right.
○ Minor (13 years) A person with a criminal record will have evident interest in the use of a name other
○ Chinese Citizen than his own, in an attempt to obliterate an unsavory record; hence, the mere fact
○ Resident of Manila for more than 3 years prior to filing of petition that the applicant has been using a different name and has become known by it
-cause for change of name: does not per se alone constitute “proper and reasonable cause”, or justification, to
• He grew up under the care and custody of his guardian ad litem using the legally authorize a change of name. There being no showing that petitioner will be
name "RICARDO SY" prejudiced by the continued use of his true name, for in fact he has been using it all
• He is enrolled in school under the said name along together with the other names he has assumed on different occasions, we fail
• He was baptized "RICARDO SY" with his real name also stated to see any error or abuse of discretion on the part of the trial court in denying the
petition. Where prior convictions exist, it is the court’s duty to consider carefully the
-JDRC: DISMISSED: Rule 103 cannot be invoked by aliens consequences of the change of name, and to deny the same unless weighty reasons
>since the use of surnames is based on family rights, and since under Article 15 of are shown.
the Civil Code laws relating to family rights and duties, or to the status, condition
and legal capacity of persons are binding upon citizens of the Philippines even Facts
though living abroad, the converse of the principle must be recognized, that is to -ONG PENG OAN:
say, the same matters in respect of an alien must be governed by the laws of his • Chinese
own country. • 45 years old
• Married businessman
WON the petition was correctly dismissed because the petitioner was an • Lived in Sampaloc
alien? NO. Being an Alien is not a prerequisite. -filed a petition to change his name to VICENTE CHAN BON LAY
-Section 1 provides that "a person desiring to change his name shall present the Reasons:
petition to the Court of First Instance of the province in which he resides, or, in the • He has been using that name since his arrival in the country
City of Manila, to the Juvenile and Domestic Relations Court." Here the word • That is the name by which he is known in both business and social circles
"person" is a generic term which is not limited to Filipino citizens, but embraces all TC: DISMISSED PETITION
natural persons. The rule does not even require that the citizenship of the petitioner -convicted 2x for gambling
be stated in his petition. It is enough that the petition be verified, signed by the -petitioner was not using VICENTE CHAN BON LAY because when he was convicted,
petitioner or some other person in his behalf, and set forth (a) that the petitioner his name was ONG PIN CAN and ONG PEN OAN alias VICENTE CHAN - he changes his
has been a bona fide resident of the province where the petition is filed for at least name whenever it suits his convenience
three (3) years prior to the date of filing; (b) the cause for which the change of name
is sought; and (c) the name asked for (section 2). The rule is clear and affords no WON the dismissal of the petition was warranted? YES
room for interpretation. It sets forth all the requirements, and Filipino citizenship is -A person with a criminal record will have evident interest in the use of a name other
not one of them. than his own, in an attempt to obliterate an unsavory record; hence, the mere fact
-On JDRC's ruling: a change of name as authorized under Rule 103 does not by that the applicant has been using a different name and has become known by it
itself define, or effect a change in, one's existing family relations, or in the rights does not per se alone constitute "proper and reasonable cause", or justification, to
and duties flowing therefrom; nor does it create new family rights and duties where legally authorize a change of name.
none before were existing. It does not alter one's legal capacity, civil status or -No prejudice by the continued use of his true name

5|Special Proceedings_Balbastro_Cha Mendoza (assignment No. 11-12)


-Where prior convictions exist, it is the court's duty to consider carefully the
consequences of the change of name, and to deny the same unless weighty reasons
are shown. Section 4. What shall constitute record. - The petition,
-the State has an interest in the names borne by individuals and entities for orders, proof of publication and posting, objections filed,
purposes of identification, and that a change of name is a privilege and not a matter declaration of dissolution, and any evidence taken, shall
of right. constitute the record in the case.
X . V OLUN TARY DISSOLU TIO N O F COR PO RATI ON S
JUDIC IAL A PPROV AL O F VOLU NTAR Y REC OG NITI ON O F MI NOR NATURA L
RULE 104 Voluntary Dissolution of Corporations C HILDRE N
Section 1. Where, by whom and on what showing RULE 105 Judicial Approval of Voluntary Recognition of
application made. - A petition for dissolution of a corporation Minor Natural Children
shall be filed in the Court of First Instance of the province where
the principal office of a corporation is situated. The petition shall Section 1. Venue. - Where judicial approval of a voluntary
be signed by a majority of its board of directors or other officers recognition of a minor natural child is required, such child or his
having the management of its affairs, verified by its president or parents shall obtain the same by filing a petition to that effect
secretary or one of its directors, and shall set forth all claims and with the Court of First Instance of the province in which the child
demands against it, and that its dissolution was resolved upon by resides. In the City of Manila, the petition shall be filed in the
a majority of the members, or, if a stock corporation, by the Juvenile and Domestic Relations Court.
affirmative vote of the stockholders holding and representing
two-thirds of all shares of stock issued or subscribed, at a Section 2. Contents of petition. - The petition for judicial
meeting of its members or stockholders called for that purpose. approval of a voluntary recognition of a minor natural child shall
contain the following allegations:
Section 2. Order thereupon for filing objections. - If the (a) The jurisdictional facts;
petition is sufficient in form and substance, the court by an order (b) The names and residences of the parents who acknowledged
reciting the purpose of the petition, shall fix a date on or before the child, or of either of them, and their compulsory heirs, and the
which objections thereto may be filed by any person, which date person or persons with whom the child lives;
shall not be less that thirty (30) nor more than sixty (60) days (c) The fact that the recognition made by the parent or parents
after the entry of the order. Before such date a copy of the order took place in a statement before a court of record or in an
shall be published at least once a week for four (4) successive authentic writing, copy of the statement or writing being attached
weeks in some newspaper of general circulation published in the to the petition.
municipality or city where the principal office of the corporation is
situated, or, if there be no such newspaper, then in some Section 3. Order for hearing. - Upon the filing of the petition,
newspaper of general circulation in the Philippines, and a similar the court, by an order reciting the purpose of the same, shall fix
copy shall be posted for four (4) weeks in three public places in the date and place for the hearing thereof, which date shall not
such municipality or city. be more than six (6) months after the entry of the order, and
shall, moreover, cause a copy of the order to be served
Section 3. Hearing, dissolution, and disposition of assets. personally or by mail upon the interested parties, and published
Receiver. - Upon five (5) days notice given after the date on once a week for three (3) consecutive weeks, in a newspaper or
which the right to file objections as fixed in the order expired, the newspaper of general circulation in the province.
court shall proceed to hear the petition and try any issue made
by objections filed; and if no such objection is sufficient, and the Section 4. Opposition. - Any interested party must, within
material allegations of the petition are true, it shall render fifteen (15) days from the service, or from the last date of
judgment dissolving the corporation and directing such publication, of the order referred to in the next preceding section,
disposition of its assets as justice requires, and may appoint a file his opposition to the petition, stating the grounds or reasons
receiver to collect such assets and pay the debts of the therefor.
corporation.
6|Special Proceedings_Balbastro_Cha Mendoza (assignment No. 11-12)
evidence tending to show voluntary recognition, the Court held that such evidence
does not prove express recognition.
Section 5. Judgment. - If, from the evidence presented during *warning: long digest because long case!
the hearing, the court is satisfied that the recognition of the Facts
minor natural child was willingly and voluntarily made by he -RAYMUNDO BANAS was born out of wedlock in March 15, 1894 (haha, advance
parent or parents concerned, and that the recognition is for the happy birthday. By the time na nadiscuss to sa class its March 13)
-mother: DOLORES CASTILLO
best interest of the child, it shall render judgment granting -father: unknown earlier in his life (but later alleged that it was PEDRO BANAS)
judicial approval of such recognition. -RAYMUNDO'S education was shouldered by a surgeon, BIBIANO BANAS
-one day when RAYMUNDO was 13 years old, BIBIANO finding him not home yet,
Section 6. Service of judgment upon civil registrar. - A wrote him a handwritten note which read:
Mundo hoy a las 10 y 45. Tu no estas en casa. No requieres tu obedecer lo
copy of the judgment rendered in accordance with the preceding que te dije que en estas horas estudiar, descansar y ayudar con su madre.
section shall be served upon the civil registrar whose duty it shall Que no veo mas otraves asi.
be to enter the same in the register. 23/5/7
Su Padre
Cf: Family Code provisions (kasi ung mga cases uses NCC) (Sgd.) B. Bañas.
-RAYMUNDO became a teacher. BIBIANO subsequently married FAUSTINA VECINO
Chapter 2. Proof of Filiation
BANAS and had children
Art. 172. The filiation of legitimate children is established by any of the following:
-When RAYMUNDO was 28 years old, he met his future wife TRINIDAD VECINO (niece
(1) The record of birth appearing in the civil register or a final judgment; or
of BIBIANO's wife FAUSTINA, being the daughter of FAUSTINA's brother ANGEL)
(2) An admission of legitimate filiation in a public document or a private
-RAYMUNDO and FAUSTINA subsequently got married. In the marriage certificate,
handwritten instrument and signed by the parent concerned.
BIBIANO was named as the father of RAYMUNDO and PEDRO was named a principal
In the absence of the foregoing evidence, the legitimate filiation shall be
sponsor.
proved by:
-RAYMUNDO and PEDRO executed a sworn statement wherein:
(1) The open and continuous possession of the status of a legitimate child; or
As for RAYMUNDO
(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a,
• RAYMUNDO declared that he was the natural child of DOLORES and an
267a)
unknown father, who he later known to be PEDRO BANAS
• That he realized that his marriage certificate had an error, stating his father
Art. 173. The action to claim legitimacy may be brought by the child during his or
to be BIBIANO instead of PEDRO
her lifetime and shall be transmitted to the heirs should the child die during
• That he wanted to correct the said error
minority or in a state of insanity. In these cases, the heirs shall have a period of
As for PEDRO
five years within which to institute the action.
• RAYMUNDO is his natural son

• He found that the marriage certificate erred in stating that he is not the
Chapter 3. Illegitimate Children
father of his sn
Art. 175. Illegitimate children may establish their illegitimate filiation in the same
• That he is executing the document to ask for correction from the Justice of
way and on the same evidence as legitimate children.
Peace of Pasay who where RAYMUNDO and TRINIDAD got married
The action must be brought within the same period specified in Article 173,
-both sworn statements were recorded in the Notarial book of Notary Public Andres
except when the action is based on the second paragraph of Article 172, in which
Faustino
case the action may be brought during the lifetime of the alleged parent. (289a)
-Both sworn statements were filed with the Office of the Justice of Peace of Pasay
and the said justice of peace issued a CONSTANCIA correcting the error (I think…
BAÑAS V. BAÑAS Spanish eh)
Summary: Raymundo Banas initially had no father, but was supported by Bibiano -subsequently the marriage contract was corrected, making PEDRO the father of
Banas and was treated by the latter as his own son. It appeared that Bibiano’s RAYMUNDO
brother Pedro was the real father of Raymundo, and thereafter, Pedro made legal -PEDRO also wrote to Archibishop of Manila where he acknowledged RAYMUNDO as
amends to documents wherein Bibiano was stated as Raymundo’s father. When his natural son and asked for the correction of the baptismal certificate of
Bibiano died, Raymundo’s heirs (Raymundo also died) claimed share in the RAYMUNDO as well as those of RAYMUNDO's children (to specify that he is the
inheritance from Bibiano, arguing that Raymundo is Bibiano’s natural and grandfather, not BIBIANO)
acknowledged child, showing documents allegedly showing that Bibiano -BIBIANO executed a sworn statement saying that PEDRO had a child RAYMUNDO
acknowledged to be the father of Raymundo, even showing a letter with “Su Padre”. -RAYMUNDO and his family later moved from QUIAPO to KALIMBA ST., SANTA CRUZ
Court held that the documents presented were not enough to prove that Bibiano did (owned by BIBIANO but transferred to RAYMUNDO's name)
recognize Raymundo to be his child and that Raymundo should have initiated -BIBIANO died in 1954. At that time, RAYMUNDO was already 60 years old
proceedings for acknowledgment during the lifetime of his alleged father, and even -a year later, RAYMUNDO wrote to Atty. Faustino complaining bitterly about the
after but during his lifetime. alleged injustices done to him by BIBIANO's wife FAUSTINA, and alleged that he had
In the Gustilo v. Gustilo, wherein the evidence submitted as proof of voluntary proof against Faustina
recognition does not only include a letter written by the alleged father to the natural -a year after BIBIANO's death, the heirs extra-judicially settled BIBIANO's estate
child which also ends with the complimentary ending “ tu padre”, but other stronger
7|Special Proceedings_Balbastro_Cha Mendoza (assignment No. 11-12)
-later that year, RAYMUNDO and TRINIDAD executed a mortgage over their house in family but who was taken under similar circumstances, is regarded as a member of
KALIMBAS St. in favor of ANGEL BANAS (son of BIBIANO with FAUSTINA) but was the family and called "hija" or "hijo " by the head thereof.'
later cancelled. -VOLUNTARY RECOGNITION: Article 278, NCC (taken from old civil code - Article
-8 years after BIBIANO's death, RAYMUNDO died 131)
-3 years after RAYMUNDO's death (11 years after BIBIANO's), the heirs of ...formalities: express, made in either:
RAYMUNDO filed a complaint for partition or recovery of hereditary share of • Record of birth
RAYMUNDO in BIBIANO's estate, alleging that RAYMUNDO is an acknowledged • Will
natural child of BIBIANO • Statement before a court of record (n)
-Evidence presented (allegedly found by TRINIDAD in RAYMUNDO's aparador after • Any authentic writing (not public document anymore)
his death): *I only included some which were discussed in the decision* ...express recognition (Estate of Pareja v. Pareja): must be precise, express and
• EXHIBIT A: the handwritten note by BIBIANO to RAYMUNDO when he was 13 solemn
years old "Su Padre, B. Banas"
• EXHIBITS "D" & "E": matriculation certificates of RAYMUNDO in SAN BEDA WON the "Su Padre" note could be considered sufficient to apply the rule
wherein it was stated "RAYMUNDO BANAS is hijo de BIBIANO BANAS" of incidental acknowledgment? NO.
• EXHIBITS "F"…RAYMUNDO's gradeschool report card wherein BIBIANO
-the plaintiffs cite DONADO v. MENENDEZ DONADO (acknowledgment made
signed as the parent/guardian of RAYMUNDO (though attempted to be
in a public orprivate document need not be direct ): the authorities cited
erased)
endorse incidental acknowledgment, in cases of voluntary recognition, if the alleged
• EXHIBIT G: Form 137 of RAYMUNDO showing that his parent-guardian is
voluntary recognition were made in a PUBLIC DOCUMENT.
BIBIANO
-the authorities cited were made during the old civil code (where the voluntary
• EXHIBITS "K" & "L": Autobiographies of RAYMUNDO
recognition may be made only in a record of birth, will or other public document - no
• EXHIBIT H: marriage certificate of RAYMUNDO and TRINIDAD
private document yet!)
-defendant's evidence (found in BIBIANO's safe):
-the cited statement was later clarified in JAVELONA v. MONTECLARO
• Duplicate copies of sworn statements made by RAYMUNDO and PEDRO
-ratio why incidental acknowledgment allowed only in public documents: The father
(wherein they acknowledged being father and son)
would ordinarily be more careful about what he says in a public document than in a
• Duplicate copy of the sworn statement executed by BIBIANO (wherein he
private writing, so that even an incidental mention of the child as his in a public
said that RAYMUNDO is his brother's son)
document deserves full faith and credit ...
• Duplicate copy of PEDRO's letter to the archbishop (wherein he wanted to be
-voluntary recognition vs. express recognition:
indicated as RAYMUNDO's father in the baptismal certificate)
TC: DISMISSED COMPLAINT
Voluntary recognition (A131) Express recognition (A135)
WON BIBIANO had voluntarily acknowledged RAYMUNDO BANAS as hs
natural son through his handwritten note where he signed "Su padre" B. Record of birth, will, public document Private writing may be considered as
Banas? NO "indubitable writing"
-on authenticity of handwriting: TRINIDAD testified that the handwriting on
thenote is BIBIANO's, as she saw BIBIANO write. However, the note was written in natural child merely asks for a share in compel the father or his heirs to
1907, but TRINIDAD saw BIBIANO write in 1917. The testimony was considered the inheritance in virtue of his having recognize the child
unreliable, with the lapse of time. Any testimony that the writing is the handwriting been acknowledged as such, not trying
of a person no the ground that the witness is familiar with the handwriting must be to compel father or his heirs to make the
considered unreliable. acknowledgment
-even granting it's authentic, it's not sufficient as proof of valid voluntary
recognition: acknowledgment has been formally and recognition is yet to be ordered by the
The complimentary ending, "Su padre," taking into consideration the context of the legally accomplished because the public courts because a private writing,
entire letter, is not an indubitable acknowledgment of paternity. It is a mere character of the document makes lacking the stronger guaranty and
indication of paternal solicitude. judicial pronouncement unnecessary higher authenticity of a public
The Filipinos are known for having very close family ties. Extended families are a document, is not self-executory
common set-up among them, sometimes to the extent that strangers are also -even if treated as an "indubitable writing", no intent to recognize sufficiently
considered as part of the family. In addition, Filipinos are generally fond of children, apparent in the document. It's merely an indication of paternal concern of one for
so that children of relatives or even of strangers are supported if their parents are the well-being of the natural son of his brother who could nto support or rear the
not capable to do so. This is a manifestation of the fact that Filipinos are still living in boy.
a patriarchal society.
-compared to GUSTILLO v. GUSTILLO: similar evidences presented. There, the WON the other records would be sufficient to confirm the intention of
evidence presented were not signed by the putative father. The note where the Bibiano to recognize RAYMUNDO as his natural son? NO.
putative father addressed the alleged daughter "Queridas hijas: ... Conservanmas
-no evidence that Bibiano furnished the statements therein or had any participation
buenas que es siempre el desee de tu padre." was held to be not an unequivocal
in securing the enrollment and the marriage certificate of Raymundo nor made
avowal that the alleged daughter was indeed such by the putative father. It is not
representations in connections therewith
uncommon in many Filipino homes that a child who is a perfect stranger to the

8|Special Proceedings_Balbastro_Cha Mendoza (assignment No. 11-12)


-the authentic writing upon which the claim to filiation rests must, to be …here, the alleged document is not unknown to RAYMUNDO nor to TRINIDAD
effective, be one made by the putative father himself and that the writing ...Documents allegedly proving RAYMUNDO's filiation with BIBIANO were allegedly
must be the writing of the said alleged father only discovered after RAYMUNDO's death: BUT
-on REPORT CARD: PEDRO, RAYMUNDO and DOLORES lived with BIBIANO when • Trinidad should have known about these documents even during the lifetime
RAYMUNDO was attending gradeschool: It would appear, therefore, that Pedro Bañas of RAYMUNDO, as RAYMUNDO was naturally expected to share with his wife
was unable to support himself and his wife, and it could very well be that Bibiano TRINIDAD his bitterness, more so because TRINIDAD was the niece of
Bañas had sort of adopted de facto—not—legally or considered Raymundo, the son FAUSTINA who allegedly deprived him of his share. It is highly improbable
of his brother, to be his own "ampon" in Tagalog or Filipino, and had taken paternal that RAYMUNDO would hide from his wife whatever proofs he has in his
solicitude for him - so he is a GUARDIAN possession to support his claim to a share n estate.
• It is not normal for Trinidad to not have seen RAYMUNDO's DEATH
If there's any acknowledgment, WON BIBIANO could validly rectify or MEMENTOs which would tend to establish his filiation to BIBIANO, it having
repudiate the same by his sworn statement? YES sentimental value
-no law prohibiting it • TRINIDAD's testimonies conflict: in the cross, she said RAYMUNDO did not
-if there's no law, it doesn't mean that it cannot be done. discuss with her matters pertaining to RAYMUNDO's claim in BIBIANO's
- such rectification must not be arbitrary and its purpose must be to show that the estate. However, during the re-cross, she alleged that RAYMUNDO did
acknowledged child does not have the conditions that the law requires in order that discuss it with her (Raymundo and she allegedly went to FAUSTINA to claim
he may be so acknowledged, or that he has not the absolute condition of being the their share)
child of the person who acknowledged him, or that such person could not have -RAYMUNDO was bitter because of the partition, but if he really is the natural
begotten him, or that the child is the child of a third person acknowledged child, he should have filed a claim against the estate during the 8
-BIBIANO only made the rectification after RAYMUNDO and PEDRO executed sworn years between BIBIANO's death and his own
statements wherein they each recognized their filiation as father and son.
-RAYMUNDO could have nullified or formally declared as untrue the WON granting RAYMUNDO could have filed an action for compulsory
statements he made in his sworn statements but did not: Where a party has recognition, upon his death his heirs could file such action? NO
the means in his power of rebutting and explaining the evidence adduced against -Right to file for compulsory recognition is NOT TRANSMISSIBLE TO THE NATURAL
him, f it does not tend to the truth, the omission to do so furnishes a strong CHILD'S HEIRS.
inference against him -the right is purely a personal one to the natural child
-It is most illogical and contrary to every rule of correct interpretation that the right
WON RAYMUNDO could have filed for COMPULSORY RECOGNITION? NO of action to secure acknowledgment by the natural child should be presumed to be
-Raymundo should and could have filed an action for compulsory recognition during transmitted, independently, as a rule, to his heirs, while the right to claim legitimacy
Bibiano's lifetime, alleging continuous possession of the status of a natural child by from his predecessor is not, as a rule, conceded to the heirs of the legitimate child,
direct acts of Bibiano or of his family, and that he has in his favor proof that Bibiano but only relatively and as an exception. Consequently, the pretention that the right
is his father: Raymundo was already of age before his alleged father's death. Thus, of action no the part of the child to obtain the acknowledgment of his natural
after Bibiano's death, he cannot claim compulsory recognition as the child of Bibiano filiation is transmitted to his descendants is altogether No legal provision exists to
-under the provisions for COMPULSORY RECOGNITION (A135, OCC; A283 NCC): sustain such pretention, nor can an argument of presumption be based no the lesser
Art. 135. The father may be compelled to acknowledge his natural child claim when there is no basis for the greater one, and when it is only given as an
in the following cases: exception in well-defined cases. It is placing the heirs of the natural child no a better
1. When an indubitable writing of his exists in which he expressly acknowledges footing than the heirs of the legitimate one, when, as a matter of fact, the position of
his paternity; natural child is not better than, nor even equal to, that of a legitimate child
2. When the child is in the uninterrupted possession of the status of a natural
child of the defendant father, justified by the conduct of the father himself or that UYGUANGCO V. CA
of his family; ... (emphasis supplied). *this case explains the effect of FC on NCC provisions on proving filiation
Art. 283. In any of the following cases, the father is obliged to recognize Summary: Graciano, the alleged illegitimate child of Apolinario, filed a complaint
the child as his natural child: for partition, alleging that he has been left out of the partition by the heirs of his
xxx xxx xxx putative father. Defendants alleged that the action should be dismissed, as he is
2. When the child is in continuous possession of the status of a child of the collaterally establishing his illegitimate filiation to a putative father who is already
alleged father by the direct acts of the latter or of his family; dead. Court held that even if he has shown prima facie proof that he is indeed an
3. When the child was conceived during the time when the mother cohabited illegitimate son of the decedent whose estate is being partitioned, he should have
with the supposed father; established his filiation during the lifetime of his father to participate in the partition.
4. When the child has in his favor any evidence or proof that the defendant is his
father (emphasis supplied). It is clear that the private respondent can no longer be allowed at this time to
-under A137, OCC; A285, NCC: action for compulsory recognition prescribes if not introduce evidence of his open and continuous possession of the status of an
taken during the lifetime of the alleged parents, unless the case falls under the illegitimate child or prove his alleged filiation through any of the means allowed by
exceptions which allows the filing of such action even after the death of the alleged the Rules of Court or special laws. The simple reason is that Apolinario Uyguangco is
parents: ONE OF WHICH IS WHEN AFTER THE DEATH OF THE PUTATIVE PARENT, A already dead and can no longer be heard on the claim of his alleged son’s
DOCUMENT APPEARS OF WHICH NOTHING HAD BEEN HEARD AND IN WHICH PARENT illegitimate filiation. In her Handbook on the Family Code, of the Philippines, Justice
RECOGNIZES THE CHILD Alicia Sempio-Dy explains the rationale of the rule, thus: “It is a truism that unlike

9|Special Proceedings_Balbastro_Cha Mendoza (assignment No. 11-12)


legitimate children who are publicly recognized, illegitimate children are usually (1) The open and continuous possession of the status of a legitimate child; or
begotten and raised in secrecy and without the legitimate family being aware of (2) Any other means allowed by the Rules of Court and special laws.
their existence. Who then can be sure of their filiation but the parents themselves? -under FC, an illegitimate child can establish a claim to filiation by "any other means
But suppose the child claiming to be the illegitimate child of a certain person is not allowed by the Rules of Court and special laws," like his baptismal certificate, a
really the child of the latter? The putative parent should thus be given the judicial admission, a family Bible in which his name has been entered, common
opportunity to affirm or deny the child’s filiation, and this, he or she cannot do if he reputation respecting his pedigree, admission by silence, the testimonies of
or she is already dead. witnesses, and other kinds of proof admissible under Rule 130 of the Rules of Court.
Facts -HOWEVER, HIS ACTION IS NOW BARRED.
-APOLINARIO UYGUANGCO died It is clear that the private respondent can no longer be allowed at this time
-heirs: to introduce evidence of his open and continuous possession of the status
• DOROTEA (wife) of an illegitimate child or prove his alleged filiation through any of the
• 4 legitimate children: means allowed by the Rules of Court or special laws. The simple reason is
• Virgilio that Apolinario Uyguangco is already dead and can no longer be heard on
• Apolinario, Jr. the claim of his alleged son’s illegitimate filiation. In her Handbook on the
• Sulpicio Family Code, of the Philippines, Justice Alicia Sempio-Dy explains the
• Dominador rationale of the rule, thus: “It is a truism that unlike legitimate children
.. The heirs made an extrajudicial settlement of APOLINARIO's estate who are publicly recognized, illegitimate children are usually begotten and
-GRACIANO BACJAO UYGUANGCO filed complaint for partition, alleging that he is an raised in secrecy and without the legitimate family being aware of their
illegitimate child who was left out of the partition made: existence. Who then can be sure of their filiation but the parents
• Born to APOLINARIO UYGUANGCO and ANASTACIO BACJAO themselves? But suppose the child claiming to be the illegitimate child of a
• At 15, moved to father's house, at urging of father and his family certain person is not really the child of the latter? The putative parent
• His education was supported by father. should thus be given the opportunity to affirm or deny the child’s filiation,
• He uses the surname UYGUANGCO w/o objection from his father or his family. and this, he or she cannot do if he or she is already dead.
He even used it in his high school diploma -the NCC provisions on which Graciano relied on are amended by FC, thus, the said
• He was assigned, w/o objection from the rest of the family, as the storekeeper actions for recognition are now barred
in the Uyguangco's store, which is strictly a family business -his filiation cannot be established collaterally
• He even shares profits of the copra business of the family
• He became director of the Alu and Sons Dev't Corporation, a family
corporation
• In addendum: he was given a share in deceased father's estate
-MTD: Graciano could not prove filiation, applying A278, NCC:
• Graciano did not have any of the 4 documents required under NCC to prove
filiation (no record of birth, will, statement before a court of record or
authentic writing)
• Graciano's action for recognition already prescribed: must have brought
during the lifetime of the putative father
• Graciano's case does not fall under the exception to the prescriptive period,
as stated in A285: Not a minor at the time Apolinario died, nor are there
documents unknown to them which were only found after death of Apolinario
-TC: Denied MTD
-petition for review: such complaint for partition is actually an action for recognition
as an illegitimate child, which, being already barred, is a clear attempt to
circumvent the provisions of the NCC
-Graciano claims that even if he did not have any of the documents required, he
was"in continuous possession of the status of a child of his alleged father by the
direct acts of the latter or of his family."

WON an illegitimate child should be allowed to prove such illegitimate


filiation when the putative father is already dead? NO
-here, FC used, which became effective August 3, 1988 (probably, the petition was
filed when FC became effective).
-to prove filiation under FC, establish any of the ff:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An 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:

10 | S p e c i a l Proceedings_Balbastro_Cha Mendoza (assignment No. 11-12)