Case Digest Jenie Dela cruz v. Paul Gracia - City Registrar

Proof of filiation

Case Digest Jenie Dela cruz v. Paul Gracia - City Registrar

Facts: In 2005, then 21-year old petitioner Jenie San Juan Dela Cruz (Jenie) and then 19-year old Christian Dominique Sto. Tomas Aquino (Dominique) lived together as husband and wife without the benefit of marriage. They resided in the house of Dominiques parents.On September 4, 2005, Dominique died.^[1] After almost two months, or on November 2, 2005, Jenie, who continued to live with Dominiques parents, gave birth to her herein co-petitioner minor child Christian Dela Cruz Aquino .Jenie applied for registration of the childs birth, using Dominiques surname Aquino, with the Office of the City Civil Registrar, Antipolo City, in support of which she submitted the childs Certificate of Live Birth,^[2] Affidavit to Use the Surname of the Father^[3] (AUSF) which she had executed and signed, and Affidavit of Acknowledgment executed by Dominiques father Domingo Butch Aquino.^[4] Both affidavits attested, inter alia, that during the lifetime of Dominique, he had continuously acknowledged his yet unborn child, and that his paternity had never been questioned. Jenie attached to the AUSF a document entitled AUTOBIOGRAPHY which Dominique, during his lifetime, wrote in his own handwriting, the pertinent portions of which read:

In summary, the child cannot use the surname of his father because he was born out of wedlock and the father unfortunately died prior to his birth and has no more capacity to acknowledge his paternity to the child (either through the back of Municipal Form No. 102 Affidavit of Acknowledgment/Admission of Paternity or the Authority to Use the Surname of the Father). (Underscoring supplied)

Jenie and the child promptly filed a complaint^[9] for injunction/registration of name against respondent before the Regional Trial Court of Antipolo City, docketed as SCA Case No. 06-539, which was raffled to Branch 73 thereof. The complaint alleged that, inter alia, the denial of registration of the childs name is a violation of his right to use the surname of his deceased father under Article 176 of the Family Code, as amended by Republic Act (R.A.) No. 9255,^[10] which provides:

Article 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 each illegitimate child shall consist of one-half of the legitime of a legitimate child. (Emphasis and underscoring supplied)

By Decision^[14] of April 25, 2007, the trial court dismissed the complaint for lack of cause of action as the Autobiography was unsigned, citing paragraph 2.2, Rule 2 (Definition of Terms) of Administrative Order (A.O.) No. 1, Series of 2004 (the Rules and Regulations Governing the Implementation of R.A. 9255) which defines private handwritten document through which a father may acknowledge an illegitimate child as follows:

2.2 Private handwritten instrument an instrument executed in the handwriting of the father and duly signed by him where he expressly recognizes paternity to the child. (Underscoring supplied)

Issue: WHETHER OR NOT THE UNSIGNED HANDWRITTEN STATEMENT OF THE DECEASED FATHER OF MINOR CHRISTIAN DELA CRUZ CAN BE CONSIDERED AS A RECOGNITION OF PATERNITY IN A PRIVATE HANDWRITTEN INSTRUMENT WITHIN THE CONTEMPLATION OF ARTICLE 176 OF THE FAMILY CODE, AS AMENDED BY R.A. 9255, WHICH ENTITLES THE SAID MINOR TO USE HIS FATHERS SURNAME.

Held: 

In the present case, however, special circumstances exist to hold that Dominiques Autobiography, though unsigned by him, substantially satisfies the requirement of the law.

First, Dominique died about two months prior to the childs birth. Second, the relevant matters in the Autobiography, unquestionably handwritten by Dominique, correspond to the facts culled from the testimonial evidence Jenie proffered.^[20] Third, Jenies testimony is corroborated by the Affidavit of Acknowledgment of Dominiques father Domingo Aquino and testimony of his brother Joseph Butch Aquino whose hereditary rights could be affected by the registration of the questioned recognition of the child. These circumstances indicating Dominiques paternity of the child give life to his statements in his Autobiography that JENIE DELA CRUZ is MY WIFE as WE FELL IN LOVE WITH EACH OTHER and NOW SHE IS PREGNANT AND FOR THAT WE LIVE TOGETHER.

In the case at bar, there is no dispute that the earlier quoted statements in Dominiques Autobiography have been made and written by him. Taken together with the other relevant facts extant herein that Dominique, during his lifetime, and Jenie were living together as common-law spouses for several months in 2005 at his parents house in Pulang-lupa, Dulumbayan, Teresa, Rizal; she was pregnant when Dominique died on September 4, 2005; and about two months after his death, Jenie gave birth to the child they sufficiently establish that the child of Jenie is Dominiques.

In view of the pronouncements herein made, the Court sees it fit to adopt the following rules respecting the requirement of affixing the signature of the acknowledging parent in any private handwritten instrument wherein an admission of filiation of a legitimate or illegitimate child is made:

1) Where the private handwritten instrument is the lone piece of evidence submitted to prove filiation, there should be strict compliance with the requirement that the same must be signed by the acknowledging parent; and

2) Where the private handwritten instrument is accompanied by other relevant and competent evidence, it suffices that the claim of filiation therein be shown to have been made and handwritten by the acknowledging parent as it is merely corroborative of such other evidence.

Our laws instruct that the welfare of the child shall be the paramount consideration in resolving questions affecting him.^[22] Article 3(1) of the United Nations Convention on the Rights of a Child of which the Philippines is a signatory is similarly emphatic:

Article 3

1. 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.^[23] (Underscoring supplied)

It is thus (t)he policy of the Family Code to liberalize the rule on the investigation of the paternity and filiation of children, especially of illegitimate children x x x.^[24]Too, (t)he State as parens patriae affords special protection to children from abuse, exploitation and other conditions prejudicial to their development.^[25]

  In the eyes of society, a child with an unknown father bears the stigma of dishonor. It is to petitioner minor childs best interests to allow him to bear the surname of the now deceased Dominique and enter it in his birth certificate.

WHEREFORE, the petition is GRANTED. The City Civil Registrar of Antipolo City is DIRECTED to immediately enter the surname of the late Christian Dominique Sto. Tomas Aquino as the surname of petitioner minor Christian dela Cruz in his Certificate of Live Birth, and record the same in the Register of Births.