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  • MIER - G.R. No. 177728 Dela Cruz vs. Garcia

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    The Supreme Court ruled that an unsigned handwritten autobiography of a deceased father can be considered a recognition of paternity under the Family Code. While the autobiography was unsigned, it substantially satisfied the law's requirements given that the father died before the child's birth. The claim was also corroborated by an affidavit from the father's family acknowledging paternity. The Court established rules for considering unsigned private instruments establishing paternity depending on whether other evidence was provided to prove filiation.

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    The Supreme Court ruled that an unsigned handwritten autobiography of a deceased father can be considered a recognition of paternity under the Family Code. While the autobiography was unsigned, it substantially satisfied the law's requirements given that the father died before the child's birth. The claim was also corroborated by an affidavit from the father's family acknowledging paternity. The Court established rules for considering unsigned private instruments establishing paternity depending on whether other evidence was provided to prove filiation.

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    197 views3 pages

    MIER - G.R. No. 177728 Dela Cruz vs. Garcia

    Uploaded by

    kjaspermier
    The Supreme Court ruled that an unsigned handwritten autobiography of a deceased father can be considered a recognition of paternity under the Family Code. While the autobiography was unsigned, it substantially satisfied the law's requirements given that the father died before the child's birth. The claim was also corroborated by an affidavit from the father's family acknowledging paternity. The Court established rules for considering unsigned private instruments establishing paternity depending on whether other evidence was provided to prove filiation.

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    Subject: Law 102 B – Consti 1

    G.R. No. 177728


    Parties JENIE SAN JUAN DELA CRUZ and minor CHRISTIAN DELA CRUZ
    “AQUINO”, represented by JENIE SAN JUAN DELA CRUZ, petitioners,
    vs. RONALD PAUL S. GARCIA, in his capacity as City Civil Registrar of
    Antipolo City, respondent
    Date July 31, 2009
    Ponente CARPIO MORALES, J
    Digester KEITH JASPER MIER
    FACTS
     Jenie San Juan dela Cruz (Jenie) and Christian Dominique Sto. Tomas Aquino
    (Dominique) were in a relationship. Jenie got pregnant and they have lived
    together residing in the house of Dominique’s parents.
     At some point, Dominique died and a couple of months later Jenie gave birth to
    minor child Christian dela Cruz “Aquino” while still living with Dominique’s
    parents.
     Jenie applied for registration of the child’s birth using Dominique’s surname
    with the following supporting documents:
    o child’s Birth Certificate
    o executed and signed Affidavit to Use the Surname of the Father (AUSF)
    w/ attached Autobiography by Dominique
    o Affidavit of Acknowledgement executed by Dominique’s father.
     The respondent denied Jenie’s application in reference to Rule 7 of A.O. No. 1
    Series 2004 for the reason that Dominique’s death gives him no capacity to
    acknowledge his paternity to the child.
     A complaint for injunction/registration was then filed by Jenie but was dismissed
    by the trial court due to lack of cause of action because the Autobiography was
    unsigned.

    ISSUES
    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 father’s surname.

    RULINGS & RATIONES DECIDENDI


    YES, the handwritten autobiography of the deceased can be considered as a recognition
    of paternity as although unsigned, it substantially satisfied the requirement of the law
    for the following special reasons:
     Dominique died two months prior to child’s birth
     The matters within the Autobiography corresponds to evidence presented
     Claim is corroborated by the Affidavit of Acknowledgement of Dominique’s
    father and his brother’s testimony who stands with their hereditary rights.

    The court also saw it fit to adopt the following rules in affixing the signature of
    acknowledging parent in any private handwritten instrument where admission of
    filiation 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.

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