Case Digest (G.R. No. 190901)
Facts:
James Cua Ko v. Republic of the Philippines, G.R. No. 210984, April 12, 2023, Supreme Court Second Division, Leonen, J., writing for the Court. Petitioner James Cua Ko sought judicial approval of a voluntary recognition of a minor natural child, Jamie Shaye (now Jamie Shaye Ko); the Republic, through the Office of the Solicitor General, opposed the petition.In 2003, Shalimar Abellera filed a petition for declaration of nullity of marriage with Kerwin Cruz Par, testifying that she and Kerwin had been separated since 1999. On January 23, 2004, while the nullity petition was pending, Shalimar gave birth to a daughter, “Jamie Shaye.” Shalimar listed petitioner James as the father on the child’s certificate of live birth and James executed an Affidavit of Acknowledgment/Admission to support that entry. The marriage between Shalimar and Kerwin was subsequently voided by the Regional Trial Court of Parañaque on November 28, 2006, and on September 9, 2008 the civil registrar changed the child’s surname from “Punzalan” to “Ko.”
Petitioner then filed a Petition for Judicial Approval of Voluntary Recognition of a Minor Natural Child before the Regional Trial Court (Branch 162, Pasig City) “to secure the best interest of Jamie Shaye.” The trial court denied the petition in its September 28, 2011 Decision and denied petitioner’s motion for reconsideration. The Court of Appeals, in a September 10, 2013 Decision (CA‑G.R. CV No. 98417), affirmed the RTC, holding that Jamie Shaye was presumptively legitimate because she was born during the subsistence of a marriage and that granting recognition would amount to a collateral attack on her legitimacy; the CA denied reconsideration in a January 14, 2014 Resolution.
Petitioner filed a Petition for Review on Certiorari (Rule 45) to the Supreme Court. Pursuant to the Court’s directive, the Office of the Solicitor General filed a Comment on November 20, 2014; petitioner replied on April 6, 2015. The sole issue...(Subscriber-Only)
Issues:
- Did petitioner have standing to obtain judicial approval of voluntary recognition, or was his petition a collateral attack on the child’s legitimate status?
- Was denying the petition contrary to the presumption of legitimacy and the best inter...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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