G.R. No. 210984 - James Cua Ko vs. Republic

Petitioner James Cua Ko (James) seeks judicial approval of his voluntary recognition of a minor natural child, Jamie Shaye Ko (Jamie Shaye).
Respondent is the Republic of the Philippines, represented by the Office of the Solicitor General.
The Regional Trial Court (RTC) of Pasig City denied James’s petition by Decision dated September 28, 2011 and denied his motion for reconsideration.
The Court of Appeals (CA) affirmed in its Decision dated September 10, 2013 and denied reconsideration in its Resolution dated January 14, 2014.

In 2003, Shalimar Abellera (Shalimar) filed for nullity of marriage against Kerwin Cruz Par; the marriage was later voided on November 28, 2006.
On January 23, 2004, Shalimar gave birth to a daughter, “Jamie Shaye,” during the pendency of the nullity case. She listed James as the father and James executed an Affidavit of Acknowledgment.
On September 9, 2008, the Office of the Civil Registrar of Muntinlupa City changed the child’s surname from “Punzalan” to “Ko.”

James filed a Petition for Judicial Approval of Voluntary Recognition before the RTC, invoking the best interest of the child.
The RTC denied the petition and the CA affirmed, holding that Jamie Shaye was a legitimate child under Article 164 and 167 of the Family Code.
The CA reasoned that granting recognition by a paramour would collaterally impugn the child’s legitimate status—a right reserved to the husband, within statutory periods.

Whether the Court of Appeals erred in denying James Cua Ko’s Petition for Judicial Approval of Voluntary Recognition of a Minor Natural Child.
Whether denying the petition violates the presumption of legitimacy and the best interest of the child rule.