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.
| Dear Heavenly Father, |
| Today, I come before You with an open heart, ready to delight in Your presence. Thank You for Your endless love and faithfulness. Lord, I ask that You help me to align my desires with Yours. Let my heart yearn for the things You value – righteousness, peace, love, and faith. |
| I pray that as I seek You first in all I do, my joy in You will deepen, and the desires of my heart will be shaped by Your will. Help me to always prioritize my relationship with You, valuing Your presence above all earthly treasures. |
| Thank you, Lord, for the promise that as I take delight in You, You will give me the desires of my heart. I trust in Your perfect timing and Your loving kindness. As I navigate my life, guide my steps and let my heart continually find its joy in You. |
| In Jesus’ name, I pray. Amen. |
……..not just property; it is a sanctuary, a realized dream. If for justifiable causes it must be seized, courts must ensure that the same is in accordance with law and upon observance of the requisites of due process.
SPOUSES WILFREDO AND DOMINICA ROSARIO, PETITIONERS, VS. GOVERNMENT SERVICE INSURANCE SYSTEM, RESPONDENT. (G.R. No. 200991, March 18, 2021)
The Supreme Court (SC) has released a ruling allowing fathers to institute cases under the Anti-Violence Against Women and Their Children (VAWC) Act against mothers who abuse their children.
This as the high court, in an 18-page decision written by Justice Mario V. Lopez, granted the petition of Randy Michael Knutson on behalf of his minor daughter.
The petition challenged the ruling of the Taguig City Regional Trial Court (RTC) dismissing Knutson’s petition under Republic Act 9262, or the VAWC Act, for the issuance of Temporary and Protection Orders against Rosalina Knutson, the mother of his daughter.
In his petition, Knutson claimed that Rosalina placed their daughter in a harmful environment deleterious to the latter’s physical, emotional, moral, and psychological development.
The RTC dismissed Knutson’s petition on the ground that protection and custody orders under the VAWC Act could not be issued against a mother who allegedly abused her own child.
The RTC added that the remedies under the law were not available to Knutson, the father, because he was not a “woman victim of violence.”
In granting Knutson’s petition, the Sc ruled that while the VAWC Act excludes men as victims, this does not mean the law denies a father of its remedies solely because of his gender or the fact that he is not a “woman victim of violence.”
The Court held that Section 9(b) of the VAWC Act explicitly allows “parents or guardians of the offended party” to file a petition for protection orders.
This provision was further incorporated in the law’s implementing rules as well as in A.M. No. 04-10-11-SC or the Rule on Violence Against Women and Children.
The Court further explained that the law speaks in clear language when it used the word “parents” pertaining to the father and the mother of the woman or child victim.
Source: https://abogado.com.ph/sc-okays-father-to-file-vawc-case-on-behalf-of-abused-children/
The Supreme Court, during its En Banc deliberations, has issued Clarificatory Guidelines on Plea Bargaining in Drugs Cases, thus reaffirming the primacy and exclusivity of its rule-making power under the Constitution, and guaranteeing its precedence in governing over the plea bargaining process in drugs cases.
The guidelines shall serve to resolve the conflict between Department of Justice (DOJ) Circular No. 27, which prohibits plea bargaining for illegal sale of dangerous drugs to the lesser offense of illegal possession of drug paraphernalia under Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, and the Court’s Resolution in A.M. No. 18-03-16-SC adopting the Plea Bargaining Framework in Drugs Cases.
Read more at https://sc.judiciary.gov.ph/28879/.
They serve the best French pastries and wines in Cebu City. Don’t forget to put this place on your bucket list when you visit Cebu 🙂
Of course, this post will not be complete without the photos:
The Wines and Beers
The foodies
My meal 🙂
My photos 🙂
More photos 🙂
La Vie Parisienne is located at 271 Gorordo Avenue, Lahug, Cebu City.
Note: I owned the rights to these photographs. Please do not copy or “save as” without my express permission. Thank you
“Agenda ng Kababaihan, Tungo sa Kaunlaran” Babae ka hindi babae lang!!!
For more info check this link https://pcw.gov.ph/2022-national-womens-month-celebration/
Oh My Kwento!!!! 