Title
Supreme Court
Dela Cruz vs. Gracia
Case
G.R. No. 177728
Decision Date
Jul 31, 2009
Jenie sought to register her child under deceased partner Dominique’s surname using his unsigned autobiography. SC ruled it valid, allowing the surname change.

Case Summary (G.R. No. 177728)

Legal Background and Applicable Law

The petitioners relied on Article 176 of the Family Code of the Philippines, as amended by Republic Act No. 9255, which allows illegitimate children to use the surname of their father if there is an express recognition of paternity in the civil register, or through an admission in a public or private handwritten instrument. The case hinged on whether Dominique’s handwritten Autobiography, unsigned but containing statements indicative of paternity and cohabitation, could be considered an adequate acknowledgment under the law.

Facts and Procedural History

Jenie applied to register her minor child under Dominique’s surname at the Office of the City Civil Registrar of Antipolo City, submitting the child’s certificate of live birth, an Affidavit to Use the Surname of the Father (AUSF) signed by her, and an Affidavit of Acknowledgment executed by Dominique’s father. Among these documents was Dominique’s unsigned handwritten “Autobiography,” wherein he referred to Jenie as his wife and acknowledged that she was pregnant. The Registrar denied the application for lack of proper acknowledgment by the father, noting the absence of Dominique’s signature on the Autobiography, which under Administrative Order No. 1, Series of 2004, is required for private handwritten admissions of paternity.

Issues Presented

The central question was whether Dominique’s unsigned handwritten Autobiography could be considered a valid "private handwritten instrument" for the acknowledgment of paternity under Article 176 of the Family Code, thereby entitling the minor child to use Dominique’s surname.

Arguments of the Parties

The petitioners argued that Article 176 does not expressly require the private handwritten admission to be signed by the father. They maintained that Dominique’s Autobiography clearly and unmistakably recognized the child’s paternity and that the Administrative Order’s additional requirement of the father's signature unduly expanded the law. The Office of the Solicitor General, supporting the denial, contended that the Autobiography only acknowledged Jenie’s pregnancy and did not amount to paternity acknowledgment and stressed the necessity of the father’s signature on such documents.

Legal Analysis and Supreme Court Ruling

The Court recognized that Article 176, as amended, allows an illegitimate child to use the father’s surname upon explicit recognition by the father recorded in the civil register, or upon admission in a public or private handwritten instrument. Though Article 176 does not explicitly impose the signature requirement, related provisions in the Family Code (Articles 172 and 175) imply that acknowledgments must be signed by the parent to be valid.

Administrative Order No. 1, Series of 2004, codified this signature requirement, which the trial court correctly applied in dismissing the petition. However, the Supreme Court found special circumstances warranting a relaxation of the rule. Since Dominique died approximately two months before the child’s birth and could no longer execute a signed acknowledgment, the Court gave probative value to his handwritten Autobiography, especially given that: (1) the Autobiography was in his own handwriting; (2) it contained statements indicating his relationship with Jenie and her pregnancy; (3) Jennie’s testimony and corroborating affidavits from Dominique’s father and brother supported the paternity claim; and (4) these circumstances collectively demonstrated Dominique’s paternity.

The Court held that where the private handwritten instrument is corroborated by other competent evidence, strict compliance with the signature requirement may be relaxed. This approach aligns with the policy of the Family Code and relevant rules on evidence, which favor liberal and liberalizing rules on filiation, especially to uphold the welfare and best interests of the child.

Rules on Acknowledgment of Paternity in Private Handwritten Instruments

  1. When a private handwritten instrument is the sole evidence of filiation, the acknowledgment must strictly comply with the signature requirement of the acknowledging parent.
  2. When the p

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