Filiation is the relationship between family members, particularly a child and a parent. How do you prove filiation? The most cogent proof, of course, is the birth certificate.
Such is a public document entitled to full faith and confidence, which declares who your parents are. So, suppose someone questions your relationship with your parents. In that case, all you need to do is present your birth certificate obtained from your local civil registrar or the Philippine Statistics Authority, the repository of all records, including birth. But what if you cannot obtain your birth certificate? Upon applying for one, the civil registrar or the PSA informs you that their records about the year you were born were destroyed. How, then, do you prove filiation?
Here is an interesting case where Rodolfo filed a case against Edna, compelling her to surrender the titles to the properties he inherited from his parents, Alfredo and Candelaria. Spouses Alfredo and Candelaria died, leaving no last will and debts. They left two parcels of land, which Rodolfo claimed ownership over by inheritance, being the only child of his deceased parents.
It so happened that he could not find the titles to these parcels of land. This prompted him to file an action with the court to issue the new owner’s duplicate copies on the ground that they were lost. However, Edna, the niece of Candelaria, opposed this and alleged that the titles were not lost. Instead, they were entrusted to her by her aunt during the latter’s lifetime. She also claimed that Rodolfo was not a child of the deceased spouses.
To prove his filiation, he presented several documents, including the SSS Form E1 of his father, signed by him, which declared Rodolfo as his son. As to his birth certificate, he presented a certification from the civil registrar that records about his birth period were destroyed.
Without a birth certificate and just the documents Rodolfo relied on, the trial court denied his prayer to compel Edna to surrender him the titles. To the court’s mind, he could not establish his filiation to the deceased spouses. Ergo, not an heir, he was not entitled to the properties, much less to possess the titles. Rodolfo elevated this issue to the Court of Appeals. Just the same, the appellate court did not side with him. It likewise opined that he was not able to establish his relationship with his supposed parents.
Undaunted, Rodolfo asked the Supreme Court to rule on the matter. On this issue, the Highest Tribunal declared:
“This Court, speaking in De Jesus v Estate of Dizon, has held that — The filiation of illegitimate children, like legitimate children, is established by (1) the record of birth appearing in the civil register or a final judgment; or (2) an admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.
“In the absence thereof, filiation shall be proved by (1) the open and continuous possession of the status of a legitimate child; or (2) any other means allowed by the Rules of Court and special laws. The due recognition of an illegitimate child in a record of birth, a will, a statement before a court of record, or in any authentic writing is, in itself, a consummated act of acknowledgment of the child, and no further court action is required.
“In fact, any authentic writing is treated not just as a ground for compulsory recognition; it is, in itself, a voluntary recognition that does not require a separate action for judicial approval. Where, instead, a claim for recognition is predicated on other evidence merely tending to prove paternity, i.e., outside of a record of birth, a will, a statement before a court of record, or an authentic writing, judicial action within the applicable statute of limitations is essential in order to establish the child’s acknowledgment.”
(To be continued)