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Filiation and

Paternity

Dolina vs Vallecera
Facts:

Dolina filed for TPO against


Vallecera under the Anti-VAWC Law
and prayed for support of their child
in the same case
Issue: whether a claim for financial
support can be raised in an action for
issuance of a TPO for violation of the
Anti-VAWC Law

To

be entitled to support:

the legal remedy is to file for


compulsory recognition and then
demand financial support or
directly file an action for support
where the issue of compulsory
recognition may be integrated and
resolved.

Applicable Law Civil Code

ART. 175.Illegitimate children may establish their


illegitimate filiation in the same way and on the same
evidence as legitimate children.
ART. 172. The filiation of legitimate children is established by
any of the following:
The record of birth appearing in the civil register or a final judgment;
or
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:
The open and continuous possession of the status of a legitimate
child; or
Any other means allowed by the Rules of Court and special laws.

Art 176. 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.
The legitime of the each illegitimate child shall consist
of one-half of the legitime of a legitimate child

Tecson Vs COMELEC
FACTS:
Tecson filed disqualification case against FPJ alleging
he was not natural-born, he was an illegitimate child
and thus follows the citizenship of his American
mother
Issue
Whether FPJ, whose father was the son of a Spanish
national, and whose mother was an American, is a
natural born Filipino to qualify him to run as president
Whether the rules of proving filiation under civil law
would be applicable in determining the citizenship of
FPJ

Evidence presented
death certificate of Lorenzo Poe dated
September 11, 1954
FPJs birth certificate dated August 20, 1939
copy of Allan Poe and Kelly Poes marriage
contract dated September 16 1940
Uncertified copy of Allan Poe and Paulita
Gomez marriage certificate dated July 5,
1936
Declaration of Ruby Kelley Mangahas, FPJs
aunt

RULING
FPJ is a natural born Filipino
Lorenzo Poe, his grandfather became a
Filipino under the Philippine Bill of 1902
which provided that all inhabitants
continuing to reside in the country and their
children born subsequent thereto, after the
effectivity of the Treaty of Paris on April 10,
1891 were citizens of the Philippine Islands.

Lorenzo Poes death certificate declared his


place of death as Pangasinan
Lorenzo Poe having died in Pangasinan, it
follows that he also lived and resided there
during the grant of citizenship under the
Philippine Bill of 1902.
Lorenzo Poe died as a Filipino, passing on
his citizenship to his son Allan Poe.

Validity of marriage

Marriage certificate of Allan Poe and Bessie


Kelley constitute prima facie evidence of
their marriage as opposed to the uncertified
copy of the marriage certificate between
Allan Poe and Paulita Gomez

On FPJs filiation
Proving filiation under the Family Code
provisions is NOT APPLICABLE
Distinctions between legitimacy and
illegitimacy remains only in the sphere of
civil law and does not impinge on the
domain of political law
Proof of filiation and paternity to determine
citizenship status is independent from civil
law and the ordinary rules of evidence
governs

Rules of Court Rule 130


SEC. 39.Act or declaration about pedigree.
Requisites:

The declarant is dead or unable to testify


The pedigree must be in issue
The declarant must be a relative of the person
whose pedigree is in issue
The declaration must be made before the
controversy
The relationship between the declarant and the
person whose pedigree is in question must be
shown by evidence other than such declaration

duly notarized declaration made by Ruby


Kelley Mangahas, sister of Bessie Kelley Poe
might be accepted to prove the acts of Allan
F. Poe, recognizing his own paternal
relationship with FPJ, i.e, living together with
Bessie Kelley and his children (including
respondent FPJ) in one house, and as one
family.

filiation whether for legitimacy or


illegitimacy, does not impede exercise of
political rights.
The Constitution places legitimate and
illegitimate children on equal footing in
the grant of citizenship.
Children born of Filipino mothers or Filipino
fathers are Filipinos, whether the child is
legitimate or illegitimate since citizenship
follows the principle of jus sanguinis.

Herrera vs Alba
Facts:

Petition for compulsory


recognition of Rosendo Alba as
the illegitimate child of Rosendo
Herrera through DNA testing.
Whether DNA testing is a valid
probative tool for proving
filiation.

Landmark case
Established four procedural aspects of a
paternity suit
Outlined the laws, rules and jurisprudence
in filiation proceedings
Ruled on the admissibility of DNA analysis

A traditional paternity action has four


procedural aspects:
aprima facie case,
affirmative defenses,
presumption of legitimacy, and
physical resemblance between the putative
father and child.

PRIMA FACIE CASE

exists if a woman declares that she had


sexual relations with the putative father

AFFIRMATIVE DEFENSE

Two defenses available to father:


putative father may show incapability of sexual
relations with the mother, because of either
physical absence or impotency
putative father may also show that the mother
had sexual relations with other men at the time
of conception

PRESUMPTION OF
LEGITIMACY

A child born to a husband and wife during a


valid marriage is presumed legitimate. The
childs legitimacy may be impugned only
under the strict standards provided by law.

PHYSICAL RESEMBLANCE

Resemblance is a trial technique unique to a


paternity proceeding. This kind of evidence
appeals to the emotions of the trier of fact .

Laws, rules and jurisprudence


on filiation guidelines:

Filiation is proven by a record of birth duly


registered or an admission of legitimate
filiation in a public document or a private
handwritten instrument and signed by the
parent concerned.
In the absence of any record, filiation can
also be proven by the open and continuous
possession of the status of a legitimate or
illegitimate child or any other means allowed
by the Rules of Court and special laws.

The relevant provisions on pedigree


included in the Rules of Evidence allows
admissibility of an act or declaration of a
person deceased, or unable to testify, in
respect to the pedigree of another person
related to him by birth or marriage and
evidence of family reputation or tradition
regarding pedigree made by a member of
the family.
Jurisprudence has also established
incriminating verbal and written acts by the
putative father as evidence to establish
filiation

DNA ADMISSIBILITY

2002 Vallejo case provided guidelines on


how to assess the probative value of DNA as
evidence:
how the samples were collected and handled, and
the possibility of contamination of the samples,
the procedure followed in analyzing the samples,
whether the proper standards and procedures
were followed in conducting the tests, and
the qualification of the analyst who conducted the
tests.

Rules on Evidence does not pose any legal


obstacle in the admissibility of DNA when it
tends in any reasonable degree to establish
the probability or improbability of the fact in
issue.

In a paternity test, if the mans DNA types do not


match that of the child, the man isexcludedas the
father. If the DNA types match, then he
isnotexcludedas the father. However, it is not enough
to match the DNA of father and child, trial courts
should require at least 99.9% as a minimum value of
the Probability of Paternity ("W") prior to a paternity
inclusion. W is a numerical estimate for the likelihood
of paternity of a putative father compared to the
probability of a random match of two unrelated
individuals. An appropriate reference population
database, such as the Philippine population database,
is required to compute for W.

DNA analysis that excludes the putative


father from paternity should be conclusive
proof of non-paternity.
If the value of W is less than 99.9%, the
results of the DNA analysis should be
considered as corroborative evidence.
If the value of W is 99.9% or higher, then
there isrefutablepresumption of paternity.
This refutable presumption of paternity
should be subjected to
theVallejostandards.

Nepomuceno vs Lopez
FACTS: Nepomuceno, the putative father,
appealed the decision of the CA, which
declared him as the father of Lopez and
ordered support based on the handwritten
note he made which promised monthly
support for the mother of Lopez
Issue: whether a handwritten note
promising spousal support is evidence of
proof of filiation

Ruling
The handwritten note does not show a categorical
admission of filiation. The petition was granted
The content of the handwritten note:
I, Ben-hur C. Nepomuceno, hereby undertake to
give and provide financial support in the amount of
P1500 every fifteen and thirtieth day of each month
for a total of P3000 a month starting August 15,
1999 to Ahrbencel Ann Lopez, presently in the
custody of her mother Araceli Lopez without the
necessity of demand, subject to adjustment later
depending on the needs of the child and my
income.

an act to be relevant and incriminating to


the putative father, must have a categorical
acknowledgement that the illegitimate child
was his
A private document to be acceptable as
evidence of filiation must be notarized
There must also be a demonstration of
overt acts of acknowledgement or
contemporaneous actions to corroborate
the verbal and written incriminating act

Applicable law
ART. 175.Illegitimate children may establish
their illegitimate filiation in the same way
and on the same evidence as legitimate
children.
ART. 172. The filiation of legitimate children
is established by any of the following:
The record of birth appearing in the civil register
or a final judgment; or
An admission of legitimate filiation in a public
document or a private handwritten instrument
and signed by the parent concerned.

Art 176. 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.

Lucas vs Lucas
FACTS: Jesse Lucas appealed the ruling of
CA which reversed the decision of the RTC
that ordered for DNA testing of his putative
father, Jesus Lucas in a action to establish
illegitimate filiation. The CA ruled as well
that the RTC had no jurisdiction over Jesus
Lucas since his summons were not served
ISSUE: whether a prima facie evidence is
necessary before the court can issue a DNA
testing order.

Ruling
Action to establish filiation is a action in rem
and is validated through publication
Reversed CA decision and affirmed DNA
testing order of the RTC

Prima facie case must precede an order for


DNA testing in accordance with the
constitutional prohibition on unreasonable
searches and seizures
The court however has the ultimate
discretion in issuing a DNA testing order

Applicable law
Rule on DNA Evidence:
Section 4. Application for DNA testing order:
- the appropriate court may, at any time,
either motu proprio or on application of any
person who has a legal interest in the
matter in litigation, order a DNA testing,
Such order shall issue after due hearing and
notice to the parties showing the following:
A. a biological sample exists that is relevant
to the case

B. the sample was not previously subjected to the type of DNA


testing now requested, or was previously subjected to DNA
testing but the results may require confirmation for good
reasons
C. the DNA testing uses a scientifically valid technique
D. The DNA testing has the scientific potential to produce new
information that is relevant to the proper resolution of the case
E. The existence of other factors if any, which the court may
consider as potentially affecting the accuracy or integrity of
the DNA testing
This rule shall not preclude a DNA testing without need of a
prior court order, at the behest of any party, including law
enforcement agencies before a suit or proceeding is
commenced.

Synthesis
The

purpose of filiation
proceedings is to first establish
paternity and to secure legal
rights associated with paternity,
such as citizenship, support or
inheritance.

In the Dolina vs Vallecera case, it was ruled


that to be entitled to legal support, the
proper action is to first establish filiation of
the child. The legal remedy is to file for
compulsory recognition and then demand
financial support or directly file an action for
support where the issue of compulsory
recognition may be integrated and resolved.

In Tecson vs COMELEC, it was ruled that


filiation whether for legitimacy or
illegitimacy, does not impede exercise of
political rights. The Constitution places
legitimate and illegitimate children on equal
footing in the grant of citizenship. Children
born of Filipino mothers or Filipino fathers
are Filipinos, whether the child is legitimate
or illegitimate since citizenship follows the
principle of jus sanguinis.

Proof of filiation follows the same process


for both legitimate and illegitimate children.
Herrera vs Alba named four procedural
aspects in a traditional paternity action:
aprima facie case, affirmative defenses,
presumption of legitimacy, and physical
resemblance between the putative father
and child.

Herrera vs Alba has also summarized laws,


rules and jurisprudence on filiation as
follows:
ART. 175.Illegitimate children may establish
their illegitimate filiation in the same way
and on the same evidence as legitimate
children.

ART. 172. The filiation of legitimate children


is established by any of the following:
The record of birth appearing in the civil register
or a final judgment; or
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:
The open and continuous possession of
the status of a legitimate child; or
Any other means allowed by the Rules of
Court and special laws.

The Rules on Evidence include provisions on


pedigree. The relevant sections of Rule 130
provide:
Sec. 39.Act or declaration about pedigree.The
act or declaration of a person deceased, or unable
to testify, in respect to the pedigree of another
person related to him by birth or marriage, may
be received in evidence where it occurred before
the controversy, and the relationship between the
two persons is shown by evidence other than such
act or declaration

SEC. 40.Family reputation or tradition


regarding pedigree.The reputation or
tradition existing in a family previous to the
controversy, in respect to the pedigree of
any one of its members, may be received in
evidence if the witness testifying thereon be
also a member of the family, either by
consanguinity or affinity.

Jurisprudence also specifies what


incriminating acts are acceptable as
evidence to establish filiation.
relevantincriminatingverbal and written acts by
the putative father
A notarial agreement to support a child whose
filiation is admitted

Rules on evidence likewise does not pose


any legal obstacle in the admissibility of
scientific tests like blood testing and DNA
testing when it tends in any reasonable
degree to establish the probability or
improbability of the fact in issue.

The Herrera vs Alba case has also ruled that


DNA analysis establishes a refutable
presumption of paternity if the results
shows a higher than 99.9% probability. This
refutable presumption of paternity should
be subjected to theVallejostandards to
assess probative value

Vallejostandards to assess probative value:


how the samples were collected, how they
were handled, the possibility of
contamination of the samples, the
procedure followed in analyzing the
samples, whether the proper standards and
procedures were followed in conducting the
tests, and the qualification of the analyst
who conducted the tests.

The case also ruled that an order for DNA


testing or blood testing in a paternity case
must be preceded by a finding of probable
cause. Hence a prima facie case must be
established to show a reasonable possibility
of paternity to the putative father.
Notwithstanding these, the issuance of a
DNA testing order ultimately remains
discretionary upon the court.