Dela Cruz vs.

Gracia
G.R. No. 177728 July 31, 2009
Associate Justice CONCHITA CARPIO MORALES

JENIE SAN JUAN DELA CRUZ and minor CHRISTIAN DELA CRUZ "AQUINO," represented by JENIE
SAN
JUAN DELA CRUZ, Petitioners,
vs.
RONALD PAUL S. GRACIA, in his capacity as City Civil Registrar of Antipolo City, Respondent

FACTS
 Petitioner Jenie San Juan Dela Cruz (Jenie) and then 19-year old Christian Dominique Sto. Tomas
Aquino (Dominique) lived together as husband and wife without the benefit of marriage.
 Dominique died before his child was born
 Jenie applied for registration of her child using Dominique surname
 Civil Registry denied jenie’s registration
 Jenie filed a complain in Antipolo RTC
 RTC Dismissed the complain for lack of cause of action

ISSUES

Whether or Not the State is Parens Patriae to protect welfare of the childrens

RULING

Our laws instruct that the welfare of the child shall be the "paramount consideration" in resolving questions
affecting him.
Article 3 of the United Nations Convention on the Rights of a Child of which the Philippines is a signatory is
similarly emphatic:

Article 3
1. In all actions concerning children, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary
consideration.

It is thus "(t)he policy of the Family Code to liberalize the rule on the investigation of the paternity and
filiation of children, especially of illegitimate children x x x."24 Too, "(t)he State as parens patriae affords
special protection to children from abuse, exploitation and other conditions prejudicial to their development."

In the eyes of society, a child with an unknown father bears the stigma of dishonor. It is to petitioner minor
child’s best interests to allow him to bear the surname of the now deceased Dominique and enter it in his birth
certificate.

WHEREFORE, the petition is GRANTED