Rule 105

Judicial Approval of Voluntary Recognition of Minor Natural Children

 

Prepared by: Marcko Lim

 

 

     Voluntary Recognition is an admission of the fact of paternity or maternity by the presumed parent, expressed in the form prescribe by Civil Code.

 

      The form is prescribed by Article 278 of the civil code, it provides that a voluntary recognition “shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing.

 

Question: Where to file?

 

       Judicial approval of a voluntary recognition of a minor natural child shall be filed by a petition with the regional trial court of the province in which the child resides.

 

         In the City of manila, the petition shall be filed in the Juvenile and Domestic Relation Court.

 

Question: Who may file such action?

 

a. The child himself (as prescribed in Article 173)

b. His parents

 

      Note: The family code limits the classification of Children to legitimate and illegitimate, thereby eliminating  the acknowledged natural children and the natural children by legal fiction.

 

Distinction between voluntary and involuntary recognition

 

Voluntary recognition

 

The father of natural child may recognize in two different ways:

 

a) by voluntary recognition.

b) an involuntary recognition enforced by either civil or criminal action.

 

A voluntary recognition of natural child may be made:

 

a) in the record of births;

b) by will;

c) by any other public instrument.

 

Involuntary recognition of natural child may be made:

 

a) in by an incontrovertible paper written by the parent expressly recognizing his paternity;

b) by giving such child the status of a natural child of the father, justified by direct act of the          child of the father or his family;

c) by a criminal action for rape, seduction or abduction.

 

Order of hearing

 

         The court shall fix the date and place for the hearing  thereof which date shall not be more than six (6) months after the entry of the order and shall moreover; cause a copy of the order to be served personally or by mail upon three (3) consecutive weeks, in a newspaper of general circulation in the province.

 

Opposition

 

       Any interested party must within fifteen (15) days from service or from last date of publication of the ordered referred file his opposition to the petition, stating the grounds or reasons therefor.

 

Judgment

 

     If the court is satisfied that the recognition of the minor natural child was willingly and voluntarily made by the parent or parents, and that the recognition is for the best interest of the child it shall render judgment granting judicial approval of such recognition.

 

Service of judgment upon civil registrar

 

     A copy of the judgment rendered shall be served upon the civil registrar whose duty it shall be to enter the same in the register.

 

 

To download this lecture, click here

 

See Uyguangco v. Court of Appeals, G.R. No. 76873 (October 26, 1989)