Filiation and Paternity

Filiation and PaternityFacts: Dolina filed for TPO against Vallecera under the Anti-VAWC Law and prayed for support of their child in the same caseIssue: whether a claim for financial support can be raised in an action for issuance of a TPO for violation of the Anti-VAWC LawDolina vs ValleceraTo 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.

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; orAn 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; orAny other means allowed by the Rules of Court and special laws.

Applicable Law Civil CodeArt 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 childTecson Vs COMELECFACTS: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 motherIssueWhether 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 presidentWhether the rules of proving filiation under civil law would be applicable in determining the citizenship of FPJ

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

Evidence presentedFPJ is a natural born FilipinoLorenzo 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. RULINGLorenzo Poes death certificate declared his place of death as PangasinanLorenzo 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. 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

Validity of marriageProving filiation under the Family Code provisions is NOT APPLICABLEDistinctions between legitimacy and illegitimacy remains only in the sphere of civil law and does not impinge on the domain of political lawProof of filiation and paternity to determine citizenship status is independent from civil law and the ordinary rules of evidence governs

On FPJs filiationSEC. 39.Act or declaration about pedigree.Requisites:The declarant is dead or unable to testifyThe pedigree must be in issueThe declarant must be a relative of the person whose pedigree is in issueThe declaration must be made before the controversyThe relationship between the declarant and the person whose pedigree is in question must be shown by evidence other than such declaration

Rules of Court Rule 130duly 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.

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. Herrera vs AlbaEstablished four procedural aspects of a paternity suitOutlined the laws, rules and jurisprudence in filiation proceedingsRuled on the admissibility of DNA analysis

Landmark caseA traditional paternity action has four procedural aspects: aprima facie case, affirmative defenses, presumption of legitimacy, and physical resemblance between the putative father and child.

exists if a woman declares that she had sexual relations with the putative fatherPRIMA FACIE CASE AFFIRMATIVE DEFENSE Two defenses available to father:putative father may show incapability of sexual relations with the mother, because of either physical absence or impotencyputative father may also show that the mother had sexual relations with other men at the time of conceptionA 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.

PRESUMPTION OF LEGITIMACYPHYSICAL RESEMBLANCEResemblance is a trial technique unique to a paternity proceeding. This kind of evidence appeals to the emotions of the trier of fact.

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.

Laws, rules and jurisprudence on filiation guidelines: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

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.

DNA ADMISSIBILITYRules 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.

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 LopezIssue: whether a handwritten note promising spousal support is evidence of proof of filiationNepomuceno vs LopezThe handwritten note does not show a categorical admission of filiation. The petition was grantedThe 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.Rulingan act to be relevant and incriminating to the putative father, must have a categorical acknowledgement that the illegitimate child was hisA private document to be acceptable as evidence of filiation must be notarizedThere must also be a demonstration of overt acts of acknowledgement or contemporaneous actions to corroborate the verbal and written incriminating act

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; orAn admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

Applicable lawArt 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.

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 servedISSUE: whether a prima facie evidence is necessary before the court can issue a DNA testing order.

Lucas vs LucasAction to establish filiation is a action in rem and is validated through publicationReversed CA decision and affirmed DNA testing order of the RTCRulingPrima facie case must precede an order for DNA testing in accordance with the constitutional prohibition on unreasonable searches and seizuresThe court however has the ultimate discretion in issuing a DNA testing order

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 caseApplicable lawB. 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 reasonsC. the DNA testing uses a scientifically valid techniqueD. The DNA testing has the scientific potential to produce new information that is relevant to the proper resolution of the caseE. The existence of other factors if any, which the court may consider as potentially affecting the accuracy or integrity of the DNA testingThis 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.The purpose of filiation proceedings is to first establish paternity and to secure legal rights associated with paternity, such as citizenship, support or inheritance. SynthesisIn 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; orAn 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; orAny 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 declarationSEC. 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 fatherA notarial agreement to support a child whose filiation is admittedRules 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.