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De Jesus vs. Dizon
G.R.
No. 142877.
October 2, 2001
The filiation
of illegitimate children, like legitimate children, is established
by (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 thereof,
filiation shall be proved by (1)
the open and continuous possession of the status of a legitimate
child; or (2) any other means allowed by the Rules of Court
and special laws. The due recognition of an illegitimate child
in a record of birth, a will, a statement before a court of
record, or in any authentic writing is, in itself, a consummated
act of acknowledgment of the child, and no further court action
is required. |
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Rules of Court
Rule 105 Judicial Approval of Voluntary Recognition
of Minor Natural Children
Sec. 1. Venue. - Where judicial approval of a voluntary
recognition of a minor natural child is required, such child or
his parents shall obtain the same by filing a petition to that effect
with the Court of First Instance of the province in which the child
resides. In the City of Manila, the petition shall be filed in the Juvenile and Domestic
Relations Court.
Sec. 2. Contents of petition. - The petition for judicial
approval of a voluntary recognition of a minor natural child shall
contain the following allegations:
(a) The jurisdictional facts;
(b) The names and residences
of the parents who acknowledged the child, or of either of them,
and their compulsory heirs, and the person or persons with whom
the child lives;
(c) The fact that the recognition
made by the parent or parents took place in a statement before
a court of record or in an authentic writing, copy of the statement
or writing being attached to the petition.
Sec. 3. Order for hearing. - Upon the filing of the petition,
the court, by an order reciting the purpose of the same, shall fix
the date and place for the hearing thereof, which date shall not
be more than six (6) months after the entry of the order, and shall,
moreover, cause a copy of the order to be served personally or by
mail upon the interested parties, and published once a week for
three (3) consecutive weeks, in a newspaper or newspapers of general
circulation in the province.
Sec. 4. Opposition. - Any interested party must, within
fifteen (15) days from service, or from the last date of publication,
of the order referred to in the next preceding section,
file his opposition to the petition, stating the grounds or reasons
therefor.
Sec. 5. Judgment. - If, from the evidence presented during
the 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 that the recognition is for the best interest
of the child, it shall render judgment granting judicial approval
of such recognition.
Sec. 6. Service of judgment upon civil registrar. - A
copy of the judgment rendered in accordance with the preceding section
shall be served upon the civil registrar whose duty it shall be
to enter the same in the register.
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