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DELA CRUZ V GRACIA

The document summarizes a court case regarding the registration of a child's name using the deceased father's surname. It details that Jenie and Dominique lived together and she became pregnant before he died. She submitted an unsigned autobiography Dominique wrote acknowledging Jenie as his wife and that she was pregnant. The lower court dismissed using the autobiography to register the child's name since it was unsigned. However, the higher court ruled the autobiography established paternity along with corroborating affidavits from Dominique's family members. The court established guidelines that an unsigned private instrument can be used to prove paternity if accompanied by other relevant evidence.

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Angela Marie Almalbis
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134 views2 pages

DELA CRUZ V GRACIA

The document summarizes a court case regarding the registration of a child's name using the deceased father's surname. It details that Jenie and Dominique lived together and she became pregnant before he died. She submitted an unsigned autobiography Dominique wrote acknowledging Jenie as his wife and that she was pregnant. The lower court dismissed using the autobiography to register the child's name since it was unsigned. However, the higher court ruled the autobiography established paternity along with corroborating affidavits from Dominique's family members. The court established guidelines that an unsigned private instrument can be used to prove paternity if accompanied by other relevant evidence.

Uploaded by

Angela Marie Almalbis
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No. 177728.

July 31, 2009

JENIE SAN JUAN DELA CRUZ and minor CHRISTIAN DELA CRUZ "AQUINO", represented by
JENIE SAN JUAN DELA CRUZ , petitioners, vs. RONALD PAUL S. GRACIA, in his capacity as City
Civil Registrar of Antipolo City, respondent.

FACTS:

For several months in 2005, Jenie and Dominique lived together as husband and wife without the
benefit of marriage. On September 4, 2005, Dominique died. After almost two months, Jenie gave
birth to minor Christian. Jenie applied for registration of the child's birth using Dominique's
surname Aquino, in support of which she submitted the child's Certificate of Live Birth, Affidavit to
Use the Surname of the Father (AUSF) which she had executed and signed, and Affidavit of
Acknowledgment executed by Dominique's father Domingo. Both affidavits attested that during
Dominique's lifetime, he had continuously acknowledged his yet unborn child, and that his
paternity had never been questioned. Jenie attached to the AUSF a document entitled
"AUTOBIOGRAPHY" which Dominique, during his lifetime, wrote in his own handwriting, which
states that he has a wife named Jenie who is pregnant.

The City Civil Registrar denied Jenie's application for registration of the child's name.

Jenie and the child filed a complaint for injunction/registration of name against the City Civil
Registrar. The complaint alleged that the denial of registration of the child's name is a violation of
his right to use the surname of his deceased father under the Family Code. They maintained that the
Autobiography executed by Dominique constitutes an admission of paternity in a "private
handwritten instrument" within the contemplation of the above-quoted provision of law.

The trial court dismissed the complaint for lack of cause of action as the Autobiography was
unsigned and even if Dominique was the author of the handwritten Autobiography, the same does
not contain any express recognition of paternity.

ISSUE:

Whether or not the unsigned handwritten statement of Dominique can be considered as a


recognition of paternity in a "private handwritten instrument"

HELD: YES.

In the present case, special circumstances exist to hold that Dominique's Autobiography, though
unsigned by him, substantially satisfies the requirement of the law. First, Dominique died about two
months prior to the child's birth. Second, the relevant matters in the Autobiography,
unquestionably handwritten by Dominique, correspond to the facts culled from the testimonial
evidence Jenie proffered. Third, Jenie's testimony is corroborated by the Affidavit of
Acknowledgment of Dominique's father Domingo and testimony of his brother Joseph whose
hereditary rights could be affected by the registration of the questioned recognition of the child.
These circumstances indicating Dominique's paternity of the child give life to his statements in his
Autobiography that "JENIE DELA CRUZ" is "MY WIFE" as "WE FELL IN LOVE WITH EACH OTHER"
and "NOW SHE IS PREGNANT AND FOR THAT WE LIVE TOGETHER".

In Herrera v. Alba, the Court summarized the laws, rules, and jurisprudence on establishing filiation:
The relevant provisions of the Family Code and the Rules on Evidence include provisions on
pedigree.

The relevant sections of Rule 130 provide: SEC. 39. Act or declaration about pedigree. — The act or
declaration of a person deceased, or unable to testify, in respect to the pedigree of another person
related to him by birth or marriage, may be received in evidence where it occurred before the
controversy, and the relationship between the two persons is shown by evidence other than such act or
declaration. The word "pedigree" includes relationship, family genealogy, birth, marriage, death, the
dates when and the places where these facts occurred, and the names of the relatives. It embraces also
facts of family history intimately connected with pedigree.

SEC. 40. Family reputation or tradition regarding pedigree. — The reputation or tradition existing in
a family previous to the controversy, in respect to the pedigree of any one of its members, may be
received in evidence if the witness testifying thereon be also a member of the family, either by
consanguinity or affinity. Entries in family bibles or other family books or charts, engraving on rings,
family portraits and the like, may be received as evidence of pedigree.

In the case at bar, there is no dispute that the earlier quoted statements in Dominique's
Autobiography have been made and written by him. Taken together with the other relevant facts
extant herein — that Dominique, during his lifetime, and Jenie were living together as common-law
spouses for several months in 2005 at his parents' house; she was pregnant when Dominique died
on September 4, 2005; and about two months after his death, Jenie gave birth to the child — they
sufficiently establish that the child of Jenie is Dominique's.

In view of the pronouncements herein made, the Court sees it fit to adopt the following rules
respecting the requirement of affixing the signature of the acknowledging parent in any private
handwritten instrument wherein an admission of filiation of a legitimate or illegitimate child is
made: 1) Where the private handwritten instrument is the lone piece of evidence submitted to
prove filiation, there should be strict compliance with the requirement that the same must be
signed by the acknowledging parent; and 2) Where the private handwritten instrument is
accompanied by other relevant and competent evidence, it suffices that the claim of filiation therein
be shown to have been made and handwritten by the acknowledging parent as it is merely
corroborative of such other evidence.

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