Q: How does one prove open and continuous possession of the status of an illegitimate/legitimate child
under the Family Code?
A: The Court in Jison vs. CA stated that "To prove open and continuous possession of the status of an illegitimate child, there must be evidence of the manifestation of the permanent intention of the supposed father to consider the child as his, by continuous and clear manifestations of parental affection and care, which cannot be attributed to pure charity. Such acts must be of such a nature that they reveal not only the conviction of paternity, but also the apparent desire to have and treat the child as such in all relations in society and in life, not accidentally, but continuously." [Jison vs. CA. G.R. No. 124853. (February 24, 1998)]
Q: Can consignation be made with quasi-agencies?
A: No. Consignation is necessarily judicial. Article 1258 of the Civil Code specifically provides that consignation shall be made by depositing the thing or things due at the disposal of judicial authority. The said provision clearly precludes consignation in venues other than the courts. [Cacayorin vs. AFPMBAI. G.R. No. 171298 (April 15, 2013)]