Case Summary (G.R. No. 210984)
Petitioner
James Cua Ko filed a Petition for Judicial Approval of Voluntary Recognition of a Minor Natural Child before the Regional Trial Court of Pasig City, claiming paternity and asserting that formal recognition would serve the best interest of Jamie Shaye.
Respondent
The Republic of the Philippines, represented by the Office of the Solicitor General, opposed the petition on grounds that it collaterally attacks the child’s legitimate status as prescribed by law.
Key Dates
• January 23, 2004 – Birth of Jamie Shaye during ongoing nullity proceeding
• November 28, 2006 – Regional Trial Court of Parañaque declares marriage of Shalimar and Kerwin void
• September 9, 2008 – Civil registrar changes child’s surname from “Punzalan” to “Ko”
• September 28, 2011 – RTC of Pasig City denies petitioner’s recognition plea
• September 10, 2013 – Court of Appeals affirms RTC decision
• January 14, 2014 – Court of Appeals denies motion for reconsideration
• April 12, 2023 – Supreme Court decision
Applicable Law
• 1987 Constitution of the Philippines
• Family Code of the Philippines:
– Article 164 (legitimacy of children born during marriage)
– Article 167 (legitimacy unaffected by mother’s declaration)
– Articles 166, 170–171 (grounds and period to impugn legitimacy)
– Articles 172, 173, 175 (establishment of filiation)
• Jurisprudence: Concepcion v. Court of Appeals; Estate of Rogelio Ong v. Diaz
Factual Background
While Shalimar’s petition for nullity of marriage to Kerwin was pending, she gave birth to Jamie Shaye and named James Cua Ko as father in the birth certificate, supported by his affidavit. After the marriage was later declared void, the child’s surname was changed to “Ko.”
Procedural History
The Pasig RTC denied James’s petition for voluntary recognition, holding that recognizing a purported father’s claim would collaterally attack the child’s legitimate status. The CA upheld this decision and denied reconsideration. James then filed a Petition for Review on Certiorari before the Supreme Court.
Issue
Whether the Court of Appeals erred in denying petitioner’s request for judicial approval of voluntary recognition of Jamie Shaye on grounds that it violated the presumption of legitimacy and the best-interest-of-the-child rule.
Presumption of Legitimacy
Under Article 164, “children conceived or born during the marriage are legitimate.” Article 167 further provides that legitimacy cannot be defeated by the mother’s declaration. Public policy protects children from the stigma of illegitimacy, grounding the presumption in natural justice and the mother’s presumed virtue.
Prohibition on Collateral Attacks
Only the husband (and, in some cases, his heirs) may directly impugn a child’s legitimacy—and only within statutorily defined periods (Article 170). A third party’s voluntary recognition of a child born in wedlock constitutes a collateral attack on legitimacy, which Article 166 prohibits.
Distinction Between Legitimacy and Filiation
Legitimacy is a civil status conferred by law based on birth during marriage; filiation is the biological or legal parent–child relationship. The law fixes legitimacy to protect the child’s status, but filiation may be proven separately.
Right to Establish Filiation
Articles 172, 173, and 175 allow a child to establish filiation—legitimate or nonmarital—through birth records, admissions, continuous possession of status, or other evidence. Such actions serve the child’s right to identity and support, and survive even if the child dies during minority.
Jurisprudential Guidance
In Co
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Facts of the Case
- In 2003, Shalimar Abellera filed a petition for declaration of nullity of marriage against her husband, Kerwin Cruz Par, alleging separation since 1999.
- On January 23, 2004, while the nullity petition was pending, Shalimar gave birth to a daughter, “Jamie Shaye.”
- Shalimar listed “James Cua Ko” as the child’s father; James executed an Affidavit of Acknowledgment/Admission to support that entry in the birth certificate.
- On November 28, 2006, the Regional Trial Court of Parañaque voided Shalimar’s marriage to Kerwin.
- On September 9, 2008, the Office of the Civil Registrar of Muntinlupa City changed Jamie Shaye’s surname from “Punzalan” to “Ko.”
- James filed a Petition for Judicial Approval of Voluntary Recognition of a Minor Natural Child in the RTC of Pasig City, citing the child’s best interest.
Procedural History
- September 28, 2011: RTC, Branch 162 of Pasig City, denied James’s petition and his motion for reconsideration.
- September 10, 2013: Court of Appeals (CA) affirmed the RTC decision, holding that Jamie Shaye was a legitimate child born during a valid marriage.
- January 14, 2014: CA denied James’s motion for reconsideration in a Resolution.
- James elevated the case to the Supreme Court via Petition for Review on Certiorari.
- The Office of the Solicitor General filed a Comment; James filed a Reply.
Issue
- Whether the Court of Appeals erred in denying James Cua Ko’s Petition for Judicial Approval of Voluntary Recognition of a Minor Natural Child on the grounds that it constituted a collateral attack against the presumption of le