Establishing illegitimate filiation beyond the father's lifetime via scientific evidence and other more credible means than a certificate of birth ministerially recorded by the office of the Civil Regisrar

• Main Authors: Higashi, Kohei T., Sasis, Jose Carlos M., Syalomesen, Grace K.
• Format: text
• Language: English
• Published: Animo Repository 2005
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17967
• Institution: De La Salle University

Illegitimate children are no less important members of society who should be given the right to know their identity, and the right to carry a family surname. It is sad, however, that because of the Philippines' conservative patriarchal society, it is a common occurrence for fathers who sire illegitimate children to accomplish erroneous birth certificates to hide their indiscretion and avoid its criminal and civil consequences criminal, in the sense that an illegitimate child would be a living proof of adultery and a strong indicator of concubinage, and civil, in the sense that obligations such as to render support, to honor the legitimate, etc. will arise from an acknowledgement of paternity in the birth certificate. Article 175 of the Family Code states that illegitimate children may establish their illegitimate filiation in the same way and based on the same evidence as legitimate children. The action must be brought by the illegitimate child during the lifetime of the alleged father when the action is based on the (a) open and continuous possession of the status of an illegitimate child or (b) any other means allowed by the rules of court and special laws in the absence of the birth certificate showing the signed admission of paternity of the alleged father. But why the limitation? Illegitimate children are victims of the society where they are born in with scarlet letters embedded on their chests. Ridiculed for being fruits of their parents' infidelity, they carry psychological and emotional burdens that could materially affect their well-being. Illegitimate children should be given protection and should be granted equal rights to surname and identity. The law should not discriminate against them, but instead provide them justice for being the innocent victims of a love forbidden by society. Hence, this paper argues that proof of filiation should be allowed even after the lifetime of the alleged father. Other more reliable evidence should be welcomed for the birth certificate is not fraud-free and hence may not be the best proof to determine filiation.