This case has been cited 1 times or more.
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2005-06-15 |
CARPIO, J. |
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| This Court's rulings further specify what incriminating acts are acceptable as evidence to establish filiation. In Pe Lim v. CA,[20] a case petitioner often cites, we stated that the issue of paternity still has to be resolved by such conventional evidence as the relevant incriminating verbal and written acts by the putative father. Under Article 278 of the New Civil Code, voluntary recognition by a parent shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing. To be effective, the claim of filiation must be made by the putative father himself and the writing must be the writing of the putative father.[21] A notarial agreement to support a child whose filiation is admitted by the putative father was considered acceptable evidence.[22] Letters to the mother vowing to be a good father to the child and pictures of the putative father cuddling the child on various occasions, together with the certificate of live birth, proved filiation.[23] However, a student permanent record, a written consent to a father's operation, or a marriage contract where the putative father gave consent, cannot be taken as authentic writing.[24] Standing alone, neither a certificate of baptism[25] nor family pictures[26] are sufficient to establish filiation. | |||||