G.R. No. 177728 - Dela Cruz vs. Gracia

Jenie San Juan Dela Cruz (Jenie), aged 21 in 2005, and Christian Dominique Sto. Tomas Aquino (Dominique), aged 19, lived together as husband and wife without marriage for several months in 2005.
They resided in the house of Dominique’s parents in Teresa, Rizal.
Dominique died on September 4, 2005.
Nearly two months later, on November 2, 2005, Jenie gave birth to a minor child, Christian Dela Cruz "Aquino," at Antipolo Doctors Hospital.

Jenie applied to the City Civil Registrar of Antipolo City to register the child’s birth with the surname Aquino (the father’s surname).
She submitted:

Child’s Certificate of Live Birth.
Affidavit to Use the Surname of the Father (AUSF) executed and signed by Jenie.
Affidavit of Acknowledgment by Dominique’s father, Domingo Butch Aquino.
A handwritten "Autobiography" written by Dominique during his lifetime, stating that Jenie is his wife and she was pregnant with their child.

The City Civil Registrar, Ronald Paul S. Gracia, denied registration on November 11, 2005, citing Administrative Order No. 1, Series of 2004 implementing Republic Act No. 9255.
He held that:

Since the child was born out of wedlock and Dominique died before the child’s birth, he could no longer acknowledge paternity via the required documents.
The Autobiography was unsigned and did not constitute a valid private handwritten instrument acknowledging paternity.

Jenie and the child filed a complaint for injunction/registration of name against the Civil Registrar before the Regional Trial Court of Antipolo City.
They argued that the handwritten Autobiography constitutes an admission of paternity in a private handwritten instrument per Article 176 of the Family Code as amended by R.A. No. 9255.
The respondent failed to file an answer and was declared in default.
Jenie testified regarding their cohabitation and paternity acknowledgment; Dominique’s brother testified corroboratively.
The RTC dismissed the case, ruling the Autobiography was unsigned and did not contain express recognition of paternity, referencing Administrative Order No. 1, Rule 2, paragraph 2.2.

Petitioners raised a purely legal issue: whether an unsigned handwritten statement of the deceased father can be considered acknowledgment in a private handwritten instrument under Article 176, entitling the child to use the father’s surname.
Petitioners argued the signature requirement in the Administrative Order unduly expanded the Family Code and that Dominique’s Autobiography clearly recognized the child’s paternity.
The Office of the Solicitor General (OSG) supported the respondent’s position, contending the Autobiography merely acknowledged pregnancy, not paternity.

Whether the unsigned handwritten Autobiography of the deceased father constitutes an acknowledgment of paternity in a "private handwritten instrument" within the meaning of Article 176 of the Family Code, as amended by R.A. No. 9255.
Whether the signature requirement for acknowledgment of paternity in a private handwritten instrument is mandatory or may be waived under exceptional circumstances.
Whether the minor child is entitled to use the surname of the deceased father despite the absence of his signature on the document.