ESTABLISHING ILLEGITIMATE FILIATION

It is a story not uncommon nowadays: two people have sexual relations, have a child, and then part ways without getting married. Most often, and rightfully so, the child is left in the custody of the mother. However, problems do arise

when the putative father refuses to provide support for the child. What then should the mother, or the child do to demand support?

Before an illegitimate child may legally ask for support, he must first prove that he or she is indeed the child of the putative father, or what we call as filiation. Under the Family Code, this can be proven through the following:

(1) The record of birth appearing in the civil register or a final judgment;

(2) An admission of filiation in a public document or a private handwritten instrument and signed by the parent concerned.

Many times, a putative father does not acknowledge his child in the certificate of live birth. In this case, the person seeking to establish filiation and seek support must go to court and file an action for Compulsory Recognition and Support. He or she must be able to provide evidence showing any of the following ways of proving filiation:

(1) The open and continuous possession of the status of a child; or

(2) Any other means allowed by the Rules of Court an

d special laws.

Here, the petitioner may introduce in evidence photographs, letters, testimonies of witnesses, and other private documents signed by the putative father showing that fact that he was treated by the putative father as his own child. It will also be best to ask the court for Deoxyribonucleic acid (DNA) testing as this is already a recognized means of biologically establishing filiation. This may be done with the consent of the putative father, or in case of refusal, upon order of the court hearin

g the petition.

It is well to note that Article 3(1) of the United Nations Convention on the Rights of a Child of which the Philippines is a signatory provides: “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.”

DISCLAIMER: This article is for general information only. It may not be treated as a substitute to actual legal advice by counsel.