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BALUYUT V. BALUYUT 14 July 1990 Ponente: Medialdea, J., Topic: Compulsory recognition Facts: Victoria and Ma.

. Flordeliza Baluyut, minors and represented by their mother, Norma Urbana, filed a petition for intervention in case for the settlement of the estate of the late Enrique Baluyut.

They allege that they are the illegitimate children of the deceased and that they have rights to his estate. The RTC granted their petition for support pendente lite but the CA reversed it saying that they were not able to sufficiently prove their paternity. 2 ways of establishing filiation Voluntary Compulsory Made in the record The child brings an action in court for recognition. of birth (dad signs Under NCC 283: it), a will, a a) in cases of rape, abduction or seduction, when the period of the statement before a offense coincides more or less with that of the conception court of record, or b) when the child is in continuous possession of the status of a in any authentic child of the alleged father by the direct acts of the latter or his writing family c) when the child was conceived during the time when the mother cohabited with the supposed father **(grounds they used for this case) d) when the child has in his favor any evidence or proof that the defendant is his father. Under compulsory recognition, strictness in the application of the rules apply Issue/s: W/N the children are illegitimate and therefore has the right to inherit. Decision: Held Ratio 1. Children did not poss- Norma says that she was kept as a mistress in the house of es open and continuous Lacuna, but Lacuna did not testify to corroborate her statement status of an illegitimate Liberata, Normas friend, testified that Enrique visited her twice a child. week and he paid for the hospital expenses when Norma delivered the children, but she also said that he did not personally pay for it but only gave her the money to pay for the bills No evidence that Enrique visited her in the hospital on delivery Not one of their neighbors testified that Enrique treated the children as his own in public

All these things

show that he was hiding Norma and the children from society and visited them only to have sex w/ Norma but w/o genuine desire to have and treat the children as his so as to confer on them the continuous possession of the status of recognized illegitimate

2. Rules for compulsory recognition cannot be relaxed.

Liberality only applies to voluntary recognition specifically in a public document and not in cases of compulsory recognition

In

this case (possession of the status of an IC), the acts must be of such a nature that they reveal, not only the conviction of paternity, but also the apparent desire to have and treat the child as such in all relations in society and in life, not accidentally, but continuously. For incidental acknowlegement in a public document it must be

direct and express in the case of compulsory recognition. 3. Birth certificate pre- Because Enrique did not sign it. sented not a proof of filiation. Note: When this case was in the SC, the parties tried to withdraw it because they had an agreement already that the legitimate family will support the children. But the case continued because not valid compromise on the status of a person can be made.