Friday, December 16, 2011

Ben-Hur Nepomuceno vs. Archbencel Ann Lopez, represented by her mother B Lopez , G.R. No. 181258, March 18, 2010

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Facts: A, represented by her mother B filed for recognition and support against C. C denies that A is his illegitimate daughter. B bases her claim that B and C had an extramarital affair which bore the child A. C also refused to affix his signature on her Certificate of Birth but executed a handwritten note where he would give A financial support each month.

Issue: Whether or not the note would be sufficient for filiation of an illegitimate child?

Held: No. A’s demand for support is dependent on the determination of her filiation (Art. 195 par. 4). The note not containing any statement on A’s filiation to C does not fall under Art. 172(2) vis-à-vis Art. 175 which admits as competent evidence of illegitimate filiation an admission of filiation in a private handwritten instrument signed by the parent concerned.

The note cannot also be accorded the same weight as the notarial agreement to support the child since it must be notarized and must be accompanied by the putative father’s admission of filiation to be an acceptable evidence of filiation. Both requisites in this case is missing.

Another is that the only other documentary evidence submitted by A, a copy of her Certificate of Birth, has no probative value to establish filiation to petitioner, the latter not having signed the same.


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