Case #3 - Cabatania v CA

Cabatania v CA

GR No. 124814 October 21, 2004

Florencia filed a petition for recognition and support on behalf of her son Regodos. She alleged that after separating fro her husband in 1!81, she "or#ed for $aelo%s house as a aid. She and $aelo had se&eral se'ual encounters and she clais that $aelo is the father of her child Regodo Reg odos. s. (n sup suppor portt of thi this, s, she pre present sentss Reg Regodo odo%s %s bir birth th and bap baptis tisal al cer certif tifica icates, tes, bot both h prepared "ithout the #no"ledge and consent of $aelo. $an the court copel petitioner $aelo $abatania to ac#no"ledge Regodos as his illegitiate son and to gi&e support to the latter) *++($*- */ *rt. 12. he filiation of legitiate children is established b3 an3 of the follo"ing 15 he record of birth appearing in the ci&il register or a final 6udgent7 or 255 *n ad 2 adi issi ssion on of le legi giti tia ate te fi fili liat atio ion n in a pu publ blic ic do docu cue ent nt or a pr pri& i&at atee ha hand nd"r "rit itten ten instruent and signed b3 the parent concerned. (n the absence of the foregoing e&idence, the legitiate filiation shall be pro&ed b3 15 he open and continuous possession of the status of a legitiate child7 or 25 *n3 other eans allo"ed b3 the Rules of $ourt and special la"s. *rt. 1. (llegitiate children a3 establish their illegitiate filiation in the sae "a3 and on the sae e&idence as legitiate children. R9(NG : * certificate of i&e -irth purportedl3 identif3ing the putati&e father is not copetent e&idence of paternit3 "hen there is no sho"ing that the putati&e father had a hand in the preparation of said certificate. : he local ci&il registrar has no authorit3 to record the paternit3 of an illegitiate child on the inforation of a third person. he fact that Florencia% Florencia%ss husband is li&ing and there is a &alid subsisting subsisting arriage arriage bet"een the gi&es rise to the presuption presuption that a child born "ithi "ithin n that arriage is legitiate legitiate e&en though the other a3 ha&e declared against its legitiac3 or a3 ha&e been sentenced as an adulteress. *rticle 1; of the Fail3 $ode5 (n thi thiss age of gen geneti eticc pro profil filing ing and deo deo'3r '3ribo ibonuc nuclei leicc aci acid d 