Dear PAO,
I was born out of wedlock to my late father, who passed away three years ago. During his lifetime, I lived with him, and he openly treated me as his son, introducing me to relatives and neighbors as his child. Recently, my half-siblings from his legal marriage filed a petition to partition his estate. They completely excluded me, claiming I have no rights because my filiation was never established. Can I still file a court case to prove my filiation by proving that my father openly acknowledged and treated me as his son during his lifetime?
Leandro
Dear Leandro,
Based on the facts you have presented, you can no longer establish your filiation solely through open and continuous possession of the status of a child, since your father has already passed away.
Under Article 172 of the Family Code of the Philippines, filiation may be established through any of the following primary means: “(1) The record of birth appearing in the civil register or a final judgment; or (2) An admission of legitimate [or illegitimate] filiation in a public document or a private handwritten instrument and signed by the parent concerned.”
In the absence of the primary evidence mentioned above, filiation may be proved by secondary evidence under the second paragraph of Article 172, namely: “(1) The open and continuous possession of the status of a legitimate child; or (2) Any other means allowed by the Rules of Court and special laws.”
However, the period within which to file an action based on these secondary grounds is strictly limited by law. Pursuant to Article 175, in relation to Article 173 of the same Code, an action to claim non-marital filiation based on the second paragraph of Article 172 must be brought during the lifetime of the alleged parent.
As explicitly ruled by the Supreme Court in the case of Romeo F. Ara and William A. Garcia v. Dra. Fely S. Pizarro and Henry Rossi (GR 187273, Feb. 15, 2017, Second Division, penned by Associate Justice Marvic M.V.F. Leonen): “For a claim of filiation to succeed, it must be made within the period allowed, and supported by the evidence required under the Family Code.”
Explaining the rationale for this strict requirement, the high court in the same case emphasized: “An alleged parent is the best person to affirm or deny a putative descendant’s filiation. Absent a record of birth appearing in a civil register or a final judgment, an express admission of filiation in a public document, or a handwritten instrument signed by the parent concerned, a deceased person will have no opportunity to contest a claim of filiation.”
Since your father passed away three years ago, you can no longer present evidence that he openly raised and treated you as his son to prove your non-marital status. At this stage, your claim can only prosper if you possess primary evidence such as a record of birth appearing in the civil register, a final judgment, an admission in a public document, or a private handwritten instrument signed by your late father.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
