A couple's legitimate child may seek action to establish that another man is actually her biological father
This was according to the Supreme Court, which said that while the law declares who are legitimate children, it cannot alter blood relationships.
The court said that legitimacy is different from filiation, and children considered legitimate, or born to a married couple, should be allowed to show that they were fathered by another man.
It issued this ruling as it denied the petition of James Cua Ko that questioned the lower court's denial of his plea seeking judicial approval of his voluntary recognition of a minor as his natural child.
The child, Jamie Shaye, was born in 2004 to Shalimar Abellera while the latter was in the process of seeking the nullity of her marriage to another man, Kerwin Cruz Par. In the child's birth certificate, she named Ko as the father.
In 2006, Abellera and Par's marriage was voided, and two years later, the Office of the Civil Registrar of Muntinlupa City changed Jamie Shaye's surname in her birth certificate to "Ko."
Ko then filed a petition before the regional trial court seeking judicial approval of voluntary recognition of a minor natural child.
The RTC denied his petition, and this ruling was affirmed by the Court of Appeals, which said Jamie Shaye is a legitimate child since she was born during the valid marriage of Abellera and Par, and this status was more favorable to her.
Ko elevated the issue to the Supreme Court, which upheld the CA ruling.
In its April 12, 2023 decision, the SC said Jamie Shaye is the legitimate child of Abellera and Par under the Family Code, which states that children conceived or born during the marriage are legitimate.
It said Jamie Shaye retains her legitimate status despite the entries in her birth certificate and the declaration of her mother.
It also said direct action is needed to challenge the child's legitimacy, and only the husband or his heirs could file this. Not even the mother could do it, it said.
Since Ko was not the husband when Jamie Shaye was born, he has no standing to question her legitimacy.
But the Supreme Court also said Jamie Shaye should be allowed to establish her filiation to Ko, should she wish to do so.
"However, it must be emphasized that the choice to do so would be hers and hers alone. After all, it is her interests that would be affected by such action," it said.
The child should be the one to decide what she considers to be in her best interest, it said.
"Some may agree that having more property and successional rights are in their best interest. For others, establishing their true identity matters more than anything in the world. When the latter case is true, they should be allowed to establish their filiation, regardless of any presumption or legal fiction to the contrary," it said.
Source: https://abogado.com.ph/sc-a-legitimate-child-may-establish-that-another-man-is-her-biological-father/
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