This case has been cited 2 times or more.
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2007-04-27 |
QUISUMBING, J. |
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| A perusal of the Complaint before the RTC shows that although its caption states "Damages coupled with Support Pendente Lite," Clarissa's averments therein, her meeting with petitioner, his offer of a job, his amorous advances, her seduction, their trysts, her pregnancy, birth of her child, his letters, her demand for support for her child, all clearly establish a case for recognition of paternity. We have held that 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 acknowledgement of the child, and no further court action is required. In fact, any authentic writing is treated not just a ground for compulsory recognition; it is in itself a voluntary recognition that does not require a separate action for judicial approval.[21] | |||||
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2006-11-30 |
CALLEJO, SR., J. |
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| 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 action is required. In fact, any authentic writing is treated not just a ground for compulsory recognition; it is in itself a voluntary recognition that does not require a separate action for judicial approval.[17] | |||||