Professional Documents
Culture Documents
VOL UN T ARY
R E COGN I T I ON
It is an admission of the fact of paternity or maternity by the
presumed parent in the form prescribed by the Civil Code
3
VENUE
WHO CAN FILE: Such child or his parents shall
obtain the same by filing a petition to that effect
Sec. 1
Sec. 6
Sec. 3
Sec. 1
Sec. 5
Sec. 2
Sec. 4
WHERE TO FILE:
Regional Trial Court of the province in which
the child resides
City of Manila – the petition shall be filed in
the Juvenile and Domestic Relations Court
4
VENUE
Sec. 3
Sec. 1
Sec. 1
Sec. 5
Sec. 2
Sec. 4
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CONTENTS OF PETITION
The jurisdictional facts;
The names and residences of the parents who
acknowledged the child, or of either of them, and
Sec. 2
Sec. 1
Sec. 6
Sec. 3
Sec. 1
Sec. 5
Sec. 4
Sec. 1
Sec. 6
Sec. 3
Sec. 1
Sec. 2
Sec. 5
Sec. 4
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ORDER OF HEARING
WHEN: Not be more than six (6) months
after the entry of the order
Sec. 1
Sec. 6
Sec. 3
Sec. 1
Sec. 2
Sec. 5
Sec. 4
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OPPOSITION
WHO CAN FILE OPPOSITION:
Any interested party
Sec. 6
Sec. 3
Sec. 2
Sec. 5
Sec. 4
Sec. 1
Sec. 1
WHEN TO FILE OPPOSITION: Within
fifteen (15) days from the service, or from the
last date of publication, of the order referred to
in Section 3
Sec. 1
Sec. 6
Sec. 3
If, from the evidence presented during the
Sec. 1
Sec. 2
Sec. 5
Sec. 4
hearing, the court is satisfied that the
recognition of the minor natural child was
willingly and voluntarily made by the parent or
parents concerned; and
When the recognition is for the best interest of
the child.
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SERVICE OF JUDGMENT
UPON CIVIL REGISTRAR
A copy of the judgment rendered in
Sec. 1
Sec. 6
Sec. 3
Sec. 1
Sec. 2
Sec. 5
Sec. 4
accordance with the preceding section shall
be served upon the civil registrar .
The Civil Registrar has the duty to enter the
same in the register.
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YES. The minor recognized may impugn such
recognition within 4 years following the attainment
of his majority.
12
Art. 176, FC
Art. 175, FC
Art. 173, FC
Art. 172, FC
13
Art. 176, FC
Art. 175, FC
Art. 173, FC
Art. 173, FC
Art. 172, FC 16
Art. 176, FC
Art. 175, FC
Art. 173, FC
Art. 172, FC 17
Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with
this Code. However, illegitimate children may use the surname of their father
if their filiation has been expressly recognized by the father through the
record of birth appearing in the civil register, or when an admission in a
public document or private handwritten instrument is made by the
father. Provided, the father has the right to institute an action before the
regular courts to prove non-filiation during his lifetime….
Art. 176, FC
Art. 175, FC
Art. 173, FC
Art. 172, FC 18
GENERAL RULE: Illegitimate children shall use the surname
of the mother
EXCEPTION: Judicial Recognition of paternity by the father
NOTE: The illegitimate children has the option whether to
continue to use the surname of the mother or change it to the
surname of the father
19
No. Article. 176 of the Family Code gives the
illegitimate children the right to decide whether
to use the surname of their father or not.
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