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VOL UN T ARY
R E COGN I T I ON
 It is an admission of the fact of paternity or maternity by the
presumed parent in the form prescribed by the Civil Code

 The formality is added to make the admission incontestable,

otherwise there will be consequences

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The requirement of judicial approval imposed by Art. 218 is
clearly intended for the benefit of the minor. The lack of it
cannot impede the effectivity of the acknowledgment made.
The judicial approval is for the protection of the minor
against any acknowledgment made to his prejudice.
(Gapusan-Chua v. Court of Appeals)

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 Sec. 6
Sec. 5
Sec. 4
Sec. 3
Sec. 2
Sec. 1

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 VENUE

WHO CAN FILE: Such child (as prescribed

in Art. 173, Family Code) or his parents shall

Sec. 1
Sec. 6

Sec. 3

Sec. 1
Sec. 5

Sec. 2
Sec. 4

obtain the same by filing a petition to that

effect

WHERE TO FILE: Regional Trial Court of

the province in which the child resides

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 VENUE

NOTE: The Family Code limits the

classification of children to legitimate

Sec. 1
Sec. 6

Sec. 3

Sec. 1
Sec. 5

Sec. 2
Sec. 4

and illegitimate. (Gapusan-Chua v.

Court of Appeals)

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 VENUE

WHEN REQUIRED: When the filiation

is proved by
Sec. 6

Sec. 3

Sec. 1
Sec. 1
Sec. 5

Sec. 2
Sec. 4

 Open and continuous possession of

status of a legitimate child; or
 Any other means allowed by the Rules
of Court and special laws
NOTE: Article 172 of the Family Code
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 VENUE
Any other means allowed by the Rules of Court
and special laws
Sec. 6

Sec. 3

Sec. 1
Sec. 1
Sec. 5

Sec. 2
Sec. 4

Baptismal certificate, a judicial admission, a family

bible in which the name of the child has been
entered, common reputation respecting pedigree,
admission by silence, the testimony of witnesses
and such other kinds of proof admissible under
Rule 130 of the Rules of Court. (Mendoza v. Court
of Appeals)
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 CONTENTS OF PETITION
 The jurisdictional facts;
 The names and residences of the parents who
acknowledged the child, or of either of them, and

Sec. 2
Sec. 1
Sec. 6

Sec. 3

Sec. 1
Sec. 5
Sec. 4

their compulsory heirs, and the person or persons

with whom the child lives; and
 The fact that the recognition made by the parent
or parents took place in a statement before a court
of record or in an authentic writing, copy of the
statement or writing being attached to the
petition.
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 ORDER OF HEARING
HOW:
 upon the filing of the petition, the court, by an

Sec. 1
Sec. 6

Sec. 3
Sec. 1

Sec. 2
Sec. 5
Sec. 4

order reciting the purpose of the same, shall

fix the date and place for the hearing thereof
 cause a copy of the order to be served
personally or by mail upon the interested
parties

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 ORDER OF HEARING
WHEN: Not be more than six (6) months
after the entry of the order

Sec. 1
Sec. 6

Sec. 3
Sec. 1

Sec. 2
Sec. 5
Sec. 4

PUBLICATION: Once a week for three

(3) consecutive weeks, in a newspaper or
newspaper of general circulation in the
province.

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 OPPOSITION
WHO CAN FILE OPPOSITION:
Any interested party
Sec. 6

Sec. 3
Sec. 2
Sec. 5

Sec. 4

Sec. 1
Sec. 1
WHEN TO FILE OPPOSITION: Within
fifteen (15) days from the service, or from the
last date of publication, of the order referred to
in Section 3

NOTE: The party opposing must state the

grounds or reasons for such opposition
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 JUDGMENT
How is judgment in granting judicial approval
in the recognition of the minor rendered?


Sec. 1
Sec. 6

Sec. 3
If, from the evidence presented during the
Sec. 1

Sec. 2
Sec. 5
Sec. 4
hearing, the court is satisfied that the
recognition of the minor natural child was
willingly and voluntarily made by the parent or
parents concerned; and
 When the recognition is for the best interest of
the child.
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SERVICE OF JUDGMENT
UPON CIVIL REGISTRAR
A copy of the judgment rendered in

Sec. 1
Sec. 6

Sec. 3
Sec. 1

Sec. 2
Sec. 5
Sec. 4
accordance with the preceding section shall
be served upon the civil registrar .
The Civil Registrar has the duty to enter the
same in the register.

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 YES. The minor recognized may impugn such
recognition within 4 years following the attainment
of his majority.

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Art. 176, FC
Art. 175, FC
Art. 173, FC
Art. 172, FC

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 Art. 176, FC
Art. 175, FC
Art. 173, FC

The filiation of legitimate children is established by any of the

following:
1. The record of birth appearing in the civil register or a final
judgment; or
2. An admission of legitimate filiation in a public document
or a private handwritten instrument and signed by the
parent concerned.
Art. 172, FC 17
 Art. 176, FC
Art. 175, FC
Art. 173, FC

In the absence of the foregoing evidence, the legitimate

filiation shall be proved by:
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.
Art. 172, FC 18
 Art. 176, FC
Art. 175, FC

The action to claim legitimacy may be brought by the child

during his or her lifetime and shall be transmitted to the
heirs should the child die during minority or in a state of
insanity.
In these cases, the heirs shall have a period of five (5) years
within which to institute the action.

Art. 173, FC
Art. 172, FC 19
 Art. 176, FC

Illegitimate children may establish their illegitimate filiation in

the same way and on the same evidence as legitimate children.
The action must be brought within the same period specified in
Art. 173, except when the action is based on the second
paragraph of Art. 172, in which case the action may be brought
during the lifetime of the alleged parent.

Art. 175, FC
Art. 173, FC
Art. 172, FC 20
 Art. 176, FC

General Rule: Action must be brought within the same period

specified in Article 173 of the Family Code
Exception: When the action is based on the second paragraph of
Article 172 of the Family Code, in which case, the action may
be brought during the lifetime of the alleged parent (Uyguangco
v. Court of Appeals)
Art. 175, FC
Art. 173, FC
Art. 172, FC 21
Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with
this Code. However, illegitimate children may use the surname of their father
if their filiation has been expressly recognized by the father through the
record of birth appearing in the civil register, or when an admission in a
public document or private handwritten instrument is made by the
father. Provided, the father has the right to institute an action before the
regular courts to prove non-filiation during his lifetime….

Art. 176, FC
Art. 175, FC
Art. 173, FC
Art. 172, FC 22
GENERAL RULE: Illegitimate children shall use the surname
of the mother
EXCEPTION: Judicial Recognition of paternity by the father
NOTE: The illegitimate children has the option whether to
continue to use the surname of the mother or change it to the
surname of the father
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No. Article. 176 of the Family Code gives the
illegitimate children the right to decide whether
to use the surname of their father or not.

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