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JENIE SAN JUAN DELA CRUZ v. RONALD PAUL S. GRACIA

FACTS:

Jenie San Juan Dela Cruz and Christian Dominique Sto. Tomas Aquino cohabitated as husband and wife without being legally married. Christian Dominique Sto. Tomas Aquino passed away on September 4, 2005. Two months later, on November 2, 2005, Jenie gave birth to their child, Christian Dela Cruz "Aquino". Jenie sought to register the child's birth using the surname of the deceased father. However, the City Civil Registrar of Antipolo City refused the registration, contending that the child cannot use the father's surname because he was born out of wedlock and the father died prior to the child's birth. Jenie and the child filed a complaint against the City Civil Registrar for denying the registration. Nonetheless, the trial court dismissed the complaint, stating that the deceased father's Autobiography, which he had signed, did not explicitly acknowledge paternity. The case was elevated to the Supreme Court to determine if the unsigned handwritten statement of the deceased father can be considered as a valid recognition of paternity.

ISSUES:

  1. Whether a private handwritten instrument acknowledging paternity must be signed by the putative father.

  2. Whether Dominique's Autobiography, though unsigned by him, can be considered as a valid recognition of the child's paternity.

  3. Whether the statements made by Dominique in his Autobiography are admissible as evidence to establish filiation.

  4. Whether the other relevant facts together with Dominique's statements sufficiently establish that the child of Jenie is Dominique's.

RULING:

  1. A private handwritten instrument acknowledging paternity must be signed by the putative father. Although Article 176 of the Family Code, as amended, does not explicitly state this requirement, it must be read in conjunction with related provisions of the Family Code which require that recognition by the father must bear his signature.

  2. In this case, the special circumstances surrounding Dominique's death and the corroborating testimony and affidavits provide substantial evidence to hold that Dominique's Autobiography, though unsigned by him, satisfies the requirement of the law regarding recognition of paternity.

  3. The statements made by Dominique in his Autobiography are admissible as evidence to establish filiation. The Autobiography was written and made by Dominique himself, making it a form of authentic writing. The Autobiography, together with other relevant and competent evidence, sufficiently establishes filiation.

  4. Considering the statements made by Dominique in his Autobiography, along with other relevant facts, such as the cohabitation of Dominique and Jenie, Jenie's pregnancy, and the birth of the child shortly after Dominique's death, it is sufficiently established that the child of Jenie is Dominique's.

PRINCIPLES:

  • Article 176 of the Family Code, as amended, permits an illegitimate child to use the surname of his/her father if the latter had expressly recognized him/her as his offspring through the record of birth appearing in the civil register, or through an admission made in a public or private handwritten instrument.

  • A private handwritten instrument acknowledging paternity must be signed by the putative father, as implied in Article 176 of the Family Code.

  • Special circumstances, such as the death of the putative father and corroborating evidence, can be taken into account in determining the validity of a recognition of paternity.

  • Entries in family bibles or other family books or charts, engravings on rings, family portraits, and the like may be received as evidence of pedigree.

  • To establish filiation, conventional evidence such as relevant incriminating verbal and written acts by the putative father is needed.

  • 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.

  • A notarial agreement to support a child whose filiation is admitted by the putative father is considered acceptable evidence.

  • 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, can prove filiation.

  • 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.

  • Standing alone, neither a certificate of baptism nor family pictures are sufficient to establish filiation.

  • The best interests of the child shall be a primary consideration in all actions concerning children.

  • The policy of the Family Code is to liberalize the rule on the investigation of the paternity and filiation of children, especially illegitimate children.

  • The State, as parens patriae, affords special protection to children from abuse, exploitation, and other conditions prejudicial to their development.