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De la Cruz v. Garcia
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G.R. No. 177728, 31 July 2009

 Articles FACTS:

 Case Digests Jenie was denied the registration of her child’s birth because the

document attached to the Affidavit to use the Surname of the Father

 Chapter News
(AUSF) entitled “Autobiography,” did not include the signature of the
deceased father, and “because he was born out of wedlock and the
 Uncategorized
father unfortunately died prior to his birth and has no more capacity
to acknowledge his paternity to the child.”

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Jenie and the child promptly filed a complaint for

 Milagros injunction/registration of name against Gracia. The trial court held

Manongsong v. that even if Dominique, the father, was the author of the unsigned

Felomena handwritten Autobiography, the same does not contain any express

Jumaquio recognition of paternity.

Estimo
ISSUE:

 Azuela v. CA
Whether or not the unsigned handwritten instrument of the deceased
father of minor Christian can be considered as recognition of
 Suroza v.
paternity.
Honrado

RULING:
 Vizconde v. CA

Yes, it can be considered as a recognition of paternity.Article 176 of

 Union Bank v.
the Family Code, as amended by RA 9255, permits an illegitimate
Santibañez
child to use the surname of his/her father if the latter had previously
recognized him/her as his offspring through an admission made in a

Recent Comments pubic of private handwritten instrument.

Article 176, as amended, does not explicitly state that there must be
 Marjorie
a signature by the putative father in the private handwritten
Mejorada-
instrument.
Cuenco on 13
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reserved.
 pass 2017 Bar The following rules respecting the requirement of affixing the
Exam signature of the acknowledging parent in any private handwritten
instrument wherein an admission of filiation of a legitimate or
 Prescription on
illegitimate child is made:
IBP-ZN joins

community Where the private handwritten instrument is the lone piece of

outreach in Jose evidence submitted to prove filiation, there should be strict

Dalman compliance with the requirement that the same must be signed by
the acknowledging parent; and
 Ronald on

Salient features Where the private handwritten instrument is accompanied by other

of the Revised relevant and competent evidence, it suffices that the claim of filiation

Guidelines for therein be shown to have been made and handwritten by the

Continuous Trial acknowledging parent as it is merely corroborative of such other

of Criminal evidence.

Cases
* Case digest by Gretchen Rina A. Lim, LLB-1, Andres Bonifacio Law

School, SY 2017-2018

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