Concepcion vs CA Concepcion vs. CA GR No. 123450, August 31, 2005 FACTS: Gerardo Concepcion, the petitioner, and Ma.

Theresa Almonte, private respondent, were married in December 1989, and begotten a child named Jose Gerardo in December 1990. The husband filed on December 1991, a petition to have his marriage annulled on the ground of bigamy since the wife married a certain Mario Gopiao sometime in December 1980, whom according to the husband was still alive and living in Loyola Heights, QC. Trial court ruled that the son was an illegitimate child and the custody was awarded to the wife while Gerardo was granted visitation rights. Theresa argued that there was nothing in the law granting visitation rights in favor of the putative father of an illegitimate child. She further wanted to have the surname of the son changed from Concepcion to Almonte, her maiden name, since an illegitimate child should use his mothers surname. After the requested oral argument, trial court reversed its ruling and held the son to be not the son of Gerardo but of Mario. Hence, the child was a legitimate child of Theresa and Mario. HELD: Considering that Theresas marriage with Gerardo was void ab initio, the latter never became the formers husband and never acquired any right to impugn the legitimacy of the child. Theresas contention was to have his son be declared as not the legitimate child of her and Mario but her illegitimate child with Gerardo. In this case, the mother has no right to disavow a child because maternity is never uncertain. Hence, she is not permitted by law to question the sons legitimacy. Under Article 167 of the Family Code, the child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. Having the best interest of the child in mind, the presumption of his legitimacy was upheld by the Court. As a legitimate child, the son shall have the right to bear the surnames of Mario and Theresa, in conformity with the provisions of Civil Code on surnames. Gerardo cannot then impose his surname to be used by the child, since in the eyes of the law, the child is not related to him in any way.

Benitez-Badua vs CA Benitez-Badua vs. CA GR No. 105625, January 24, 1994 FACTS: Spouses Vicente Benitez and Isabel Chipongian were owners of various properties located in Laguna. Isabel died in 1982 while his husband died in 1989. Vicentes sister and nephew filed a complaint for the issuance of letters of administration of Vicentes estate in favor of the nephew, herein private respondent. The petitioner, Marissa Benitez-Badua, was raised and cared by the deceased spouses since childhood, though not related to them by blood, nor legally adopted. The latter to prove that she is the only legitimate child of the spouses submitted documents such as her certificate of live birth where the spouses name were reflected as her parents. She even testified that said spouses continuously treated her as their legitimate daughter. On the other hand, the relatives of Vicente declared that said spouses were unable to physically procreate hence the petitioner cannot be the biological child. Trial court decided in favor of the petitioner as the legitimate daughter and sole heir of the spouses. ISSUE: WON petitioners certificate of live birth will suffice to establish her legitimacy. HELD: The Court dismissed the case for lack of merit. The mere registration of a child in his or her birth certificate as the child of the supposed parents is not a valid adoption. It does not confer upon the child the status of an adopted child and her legal rights. Such act amounts to simulation of the child's birth or falsification of his or her birth certificate, which is a public document. It is worthy to note that Vicente and brother of the deceased wife executed a Deed of Extra-Judicial Settlement of the Estate of the latter. In the notarized document, they stated that they were the sole heirs of the deceased because she died without descendants and ascendants. In executing such deed, Vicente effectively repudiated the Certificate of Live Birth of the petitioner where it appeared thathe was the petitioners father.

Tison vs CA Facts: This is a case of an action for reconveyance of a parcel of land and an apartment. Teodora Guerrero died and left a parcel of land and an apartment. Her husband Martin Guerrero adjudicates the said land to him and consequently sold to Teodora Domingo. The nephews and nieces Tison et al seek to inherit by right of representation from the property disputed property presenting documentary evidence to prove filial relation. The respondent contended that the documents/evidence presented is inadmissible for being hearsay since the affiants were never presented for cross-examination.

Issue: Whether or not the evidence presented is hearsay evidence and is inadmissible.

Held: The evidence submitted does not conform to the rules on their admissibility; however the same may be admitted by reason of private respondent's failure to interpose any timely objection thereto at the time they were being offered in evidence. It is elementary that an objection shall be made at the time when an alleged inadmissible document is offered in evidence; otherwise, the objection shall be treated as waived, since the right to object is merely a privilege which the party may waive. The primary proof that was considered in ascertaining the relationship between the parties concerned is the testimony of Corazon Dezoller Tison to the effect that Teodora Dezoller Guerrero in her lifetime, or sometime in 1946, categorically declared that the former is Teodora's niece. Such a statement is considered a declaration about pedigree which is admissible, as an exception to the hearsay rule, under Section 39, Rule 130 of the Rules of Court, subject to the following conditions: (1) that the declarant is dead or unable to testify; (2) that the declarant be related to the person whose pedigree is the subject of inquiry; (3) that such relationship be shown by evidence other than the declaration; and (4) that the declaration was made ante litem motam, that is, not only before the commencement of the suit involving the subject matter of the declaration, but before any controversy has arisen thereon.

Locsin vs. Locsin G.R. No. 146737. December 10, 2001 A birth certificate is a formidable piece of evidence prescribed by both the Civil Code and Article 172 of the Family Code for purposes of recognition and filiation. However, birth certificate offers only prima facie evidence of filiation and may be refuted by contrary evidence. Its evidentiary worth cannot be sustained where there exists strong, complete and conclusive proof of its falsity or nullity. In this case, respondent's Certificate of Live Birth No. 477 entered in the records of the Local Civil Registry (from which Exhibit "D" was machine copied) has all the badges of nullity. Without doubt, the authentic copy on file in that office was removed and substituted with a falsified Certificate of Live Birth.

Incidentally, respondent's photograph with his mother near the coffin of the late Juan C. Locsin cannot and will not constitute proof of filiation, lest we recklessly set a very dangerous precedent that would encourage and sanction fraudulent claims. Anybody can have a picture taken while standing before a coffin with others and thereafter utilize it in claiming the estate of the deceased. De Jesus vs. Dizon G.R. No. 142877. October 2, 2001 The petition involves the case of two illegitimate children who, having been born in lawful wedlock, claim to be the illegitimate scions of the decedent in order to enforce their respective shares in the latters estate under the rules on succession. The due recognition of an illegitimate child in a record of birth, a will, a statement before a court of record, or in any authentic writing is, in itself, a consummated act of acknowledgment of the child, and no further court action is required. In fact, any authentic writing is treated not just a ground for compulsory recognition; it is in itself a voluntary recognition that does not require a separate action for judicial approval. Where, instead, a claim for recognition is predicated on other evidence merely tending to prove paternity, i.e., outside of a record of birth, a will, a statement before a court of record or an authentic writing, judicial action within the applicable statute of limitations is essential in order to establish the childs acknowledgment. There is perhaps no presumption of the law more firmly established and founded on sounder morality and more convincing reason than the presumption that children born in wedlock are legitimate. This presumption indeed becomes conclusive in the absence of proof that there is physical impossibility of access between the spouses during the first 120 days of the 300 days which immediately precedes the birth of the child due to (a) the physical incapacity of the husband to have sexual intercourse with his wife; (b) the fact that the husband and wife are living separately in such a way that sexual intercourse is not possible; or (c) serious illness of the husband, which absolutely prevents sexual intercourse. Succinctly, in an attempt to establish their illegitimate filiation to the late Juan G. Dizon, petitioners, in effect, would impugn their legitimate status as being children of Danilo de Jesus and Carolina Aves de Jesus. This step cannot be aptly done because the law itself establishes the legitimacy of children conceived or born during the marriage of the parents. The presumption of legitimacy fixes a civil status for the child born in wedlock, and only the father, or in exceptional instances the latters heirs, can contest in an appropriate action the legitimacy of a child born to his wife. Thus, it is only when the legitimacy of a child has been successfully impugned that the paternity of the husband can be rejected.

Liyao vs Liyao Liyao vs. Liyao GR No. 138961, March 7, 2002 FACTS: William Liyao Jr., the illegitimate son of the deceased, as represented by her mother (Corazon), filed a petition ordering Juanita Tanhoti-Liyao, Pearl L. Tan, Tita L. Tan and Linda Liyao to recognize and acknowledge the former as a compulsory heir of the deceased and to be entitled to all successional rights. Liyao Jr. was in continuous possession and enjoyment of the status as the child of the deceased having been recognized and acknowledged as such child by the decedent during his lifetime. There were two sides of the story. Corazon maintained that she and the deceased were legally married but living separately for more than 10 years and that they cohabited from 1965 until the death of the deceased. On the other hand, one of the chidren of the deceased stated that her mom and the deceased were legally married and that her parents were not separated legally or in fact. ISSUE: WON the petitioner can impugn his own legitimacy to be able to claim from the estate of the deceased. HELD: Impugning the legitimacy of the child is a strictly personal right of the husband, or in exceptional cases, his heirs for the reason that he was the one directly confronted with the scandal and ridicule which the

infidelity of his wife produced and he should be the one to decide whether to conceal that infidelity or expose it in view of the moral and economic interest involved. Hence, it was then settled that the legitimacy of the child can only be impugned in a direct action brought for that purpose, by the proper parties and within the period limited by law. Furthermore, the court held that there was no clear, competent and positive evidence presented by the petitioner that his alleged father had admitted or recognized his paternity.

The Supreme Courts Rule on DNA Evidence A.M. No. 06-11-5-SC became effective on October 15, 2007. The Court used the Rule in deciding the case of Estate Of Rogelio G. Ong versus Minor Joanne Rodjin Diaz, Represented by Her Mother and Guardian, Jinky C. Diaz, G.R. No. 171713, promulgated on December 17, 2007. The Court observed: For too long, illegitimate children have been marginalized by fathers who choose to deny their existence. The growing sophistication of DNA testing technology finally provides a much needed equalizer for such ostracized and abandoned progeny. We have long believed in the merits of DNA testing and have repeatedly expressed as much in the past. This case comes at a perfect time when DNA testing has finally evolved into a dependable and authoritative form of evidence gathering. We therefore take this opportunity to forcefully reiterate our stand that DNA testing is a valid means of determining paternity. Agustin v. Court of Appeals The facts of the case A Complaint for compulsory recognition with prayer for support pending litigation was filed by minor Joanne Rodjin Diaz (Joanne), represented by her mother and guardian, Jinky C. Diaz (Jinky), against Rogelio G. Ong (Rogelio) before the Regional Trial Court (RTC) of Tarlac City. In her Complaint, Jinky prayed that judgment be rendered: (a) Ordering defendant to recognize plaintiff Joanne Rodjin Diaz as his daughter; (b) Ordering defendant to give plaintiff monthly support of P20,000.00 pendente lite and thereafter to fix monthly support; (c) Ordering the defendant to pay plaintiff attorneys fees in the sum of P100,000.00 and (d) Granting plaintiff such other measure of relief as maybe just and equitable in the premises. As alleged by Jinky in her Complaint, in November 1993 in Tarlac City, she and Rogelio got acquainted. This developed into friendship and later blossomed into love. At this time, Jinky was already married to a Japanese national, Hasegawa Katsuo, in a civil wedding solemnized on 19 February 1993 by Municipal Trial Court Judge Panfilo V. Valdez. From January 1994 to September 1998, Jinky and Rogelio cohabited and lived together at Fairlane Subdivision, and later at Capitol Garden, Tarlac City. From this live-in relationship, minor Joanne Rodjin Diaz was conceived and on 25 February 1998 was born at the Central Luzon Doctors Hospital, Tarlac City. Rogelio brought Jinky to the hospital and took minor Joanne and Jinky home after delivery. Rogelio paid all the hospital bills and the baptismal expenses and provided for all of minor Joannes needs recognizing the child as his. In September 1998, Rogelio abandoned minor Joanne and Jinky, and stopped supporting minor Joanne, falsely alleging that he is not the father of the child. Rogelio, despite Jinkys remonstrance, failed and refused and continued failing and refusing to give support for the child and to acknowledge her as his daughter, thus leading to the filing of the complaint. The RTC ruling: Joanne is the child of Rogelio The Tarlac City RTC finally held that the only issue to be resolved is whether or not the defendant is the father of the plaintiff Joanne Rodjin Diaz. Since it was duly established that plaintiffs mother Jinky Diaz was married at the time of the birth of Joanne Rodjin Diaz, the law presumes that Joanne is a legitimate child of the spouses Hasegawa Katsuo and Jinky Diaz (Article 164, Family Code). The child is still presumed legitimate even if the mother may have declared against her legitimacy (Article 167, Ibid). The legitimacy of a child may be impugned only on the following grounds provided for in Article 166 of the

same Code. Paragraph 1 of the said Article provides that there must be physical impossibility for the husband to have sexual intercourse with the wife within the first 120 days of the 300 days following the birth of the child because of a) physical incapacity of the husband to have sexual intercourse with his wife; b) husband and wife were living separately in such a way that sexual intercourse was not possible; c) serious illness of the husband which prevented sexual intercourse. It was established by evidence that the husband is a Japanese national and that he was living outside of the country and he comes home only once a year. Both evidence of the parties proved that the husband was outside the country and no evidence was shown that he ever arrived in the country in the year 1997 preceding the birth of plaintiff Joanne Rodjin Diaz. While it may also be argued that plaintiff Jinky had a relationship with another man before she met the defendant, there is no evidence that she also had sexual relations with other men on or about the conception of Joanne Rodjin. Joanne Rodjin was her second child, so her first child, a certain Nicole (according to defendant) must have a different father or may be the son of Hasegawa Kutsuo. The defendant admitted having been the one who shouldered the hospital bills representing the expenses in connection with the birth of plaintiff. It is an evidence of admission that he is the real father of plaintiff. Defendant also admitted that even when he stopped going out with Jinky, he and Jinky used to go to motels even after 1996. Defendant also admitted that on some instances, he still used to see Jinky after the birth of Joanne Rodjin. Defendant was even the one who fetched Jinky after she gave birth to Joanne. On the strength of this evidence, the Court finds that Joanne Rodjin is the child of Jinky and defendant Rogelio Ong and it is but just that the latter should support plaintiff. On 15 December 2000, the RTC rendered a decision which stated: WHEREFORE, judgment is hereby rendered declaring Joanne Rodjin Diaz to be the illegitimate child of defendant Rogelio Ong with plaintiff Jinky Diaz. The Order of this Court awarding support pendente lite dated June 15, 1999, is hereby affirmed and that the support should continue until Joanne Rodjin Diaz shall have reached majority age. Ongs death while the case was pending before the Court of Appeals; CA remands the case to Tarlac City RTC for DNA testing Rogelio Ong filed a Motion for Reconsideration, which was denied for lack of merit in an Order of the trial court dated 19 January 2001. From the denial of his Motion for Reconsideration, Rogelio appealed to the Court of Appeals. After all the responsive pleadings had been filed, the case was submitted for decision and ordered re-raffled to another Justice for study and report as early as 12 July 2002. During the pendency of the case with the Court of Appeals, Rogelios counsel filed a manifestation informing the Court that Rogelio died on 21 February 2005; hence, a Notice of Substitution was filed by said counsel praying that Rogelio be substituted in the case by the Estate of Rogelio Ong, which motion was accordingly granted by the Court of Appeals. In a Decision dated 23 November 2005, the Court of Appeals held: WHEREFORE, premises considered, the present appeal is hereby GRANTED. The appealed Decision dated December 15, 2000 of the Regional Trial Court of Tarlac, Tarlac, Branch 63 in Civil Case No. 8799 is hereby SET ASIDE. The case is hereby REMANDED to the court a quo for the issuance of an order directing the parties to make arrangements for DNA analysis for the purpose of determining the paternity of plaintiff minor Joanne Rodjin Diaz, upon consultation and in coordination with laboratories and experts on the field of DNA analysis. The Court of Appeals justified its Decision as follows: In this case, records showed that the late defendant-appellant Rogelio G. Ong, in the early stage of the proceedings volunteered and suggested that he and plaintiffs mother submit themselves to a DNA or blood testing to settle the issue of paternity, as a sign of good faith. However, the trial court did not consider resorting to this modern scientific procedure notwithstanding the repeated denials of defendant that he is the biological father of the plaintiff even as he admitted having actual sexual relations with plaintiffs mother. We believe that DNA paternity testing, as current jurisprudence affirms, would be the most reliable and effective method of settling the present paternity dispute. Considering, however, the untimely demise of defendant-appellant during the pendency of this appeal, the trial court, in consultation with out laboratories and experts on the field of DNA analysis, can possibly avail of such procedure with whatever remaining DNA samples from the deceased defendant alleged to be the putative father of plaintiff minor whose illegitimate filiations is the subject of this action for support.

Rogelios appeal to the Supreme Court; DNA analysis no longer feasible after death? Among other grounds, Ongs appeal (as represented by his Estate) to the Supreme Court sought to reverse the ruling of the Court of Appeals by claiming that the CA erred when it remanded the case to the Tarlac City RTC for DNA analysis despite the fact that it is no longer feasible due to the death of Rogelio G. Ong. In his petition, the Estate of Rogelio Ong asked that the Decision of the Court of Appeals be modified, by setting aside the judgment remanding the case to the trial court for DNA testing analysis, by dismissing the complaint of minor Joanne for compulsory recognition, and by declaring the minor as the legitimate child of Jinky and Hasegawa Katsuo. Supreme Court ruling: Even the death of Rogelio cannot bar the conduct of DNA testing In its decision, the Supreme Court discussed the Family Code provisions on filiation, presumption of legitimacy of a child (Article 167), basis for establishing legitimacy (Articles 172 and 175), among others. I have divided and numbered the pertinent portions of the Courts ruling for easier reading and comprehension: [1] As a whole, the present petition calls for the determination of filiation of minor Joanne for purposes of support in favor of the said minor. But with the advancement in the field of genetics, and the availability of new technology, it can now be determined with reasonable certainty whether Rogelio is the biological father of the minor, through DNA testing. [2] DNA is the fundamental building block of a persons entire genetic make-up. DNA is found in all human cells and is the same in every cell of the same person. Genetic identity is unique. Hence, a persons DNA profile can determine his identity. DNA analysis is a procedure in which DNA extracted from a biological sample obtained from an individual is examined. The DNA is processed to generate a pattern, or a DNA profile, for the individual from whom the sample is taken. This DNA profile is unique for each person, except for identical twins. [3] Petitioner argues that a remand of the case to the RTC for DNA analysis is no longer feasible due to the death of Rogelio. To our mind, the alleged impossibility of complying with the order of remand for purposes of DNA testing is more ostensible than real. Petitioners argument is without basis especially as the New Rules on DNA Evidence allows the conduct of DNA testing, either motu proprio or upon application of any person who has a legal interest in the matter in litigation. From Section 4 Application for DNA Testing Order, it can be said that the death of the petitioner does not ipso facto negate the application of DNA testing for as long as there exist appropriate biological samples of his DNA. As defined above, the term biological sample means any organic material originating from a persons body, even if found in inanimate objects, that is susceptible to DNA testing. This includes blood, saliva, and other body fluids, tissues, hairs and bones. Thus, even if Rogelio already died, any of the biological samples as enumerated above as may be available, may be used for DNA testing. In this case, petitioner has not shown the impossibility of obtaining an appropriate biological sample that can be utilized for the conduct of DNA testing. Eceta vs Eceta Eceta vs Eceta GR No. 157037, May 20, 2004 FACTS: Rosalina Vda de Eceta was married to Isaac Eceta in 1926. They had a son named Vicente. The husband died in 1967 leaving Rosalina and Vicente as his compulsory heirs. However, the deceased has an illegitimate daughter named Theresa whose grandmother was Rosalina, the petitioner. ISSUE: WON the admission made by Rosalina that Theresa was her granddaughter is enough to prove the filiation with the deceased.

HELD: The filiation of illegitimate children, like legitimate children, is established by: (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. In the absence thereof, 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. The due recognition of an illegitimate child in a record of birth, a will, a statement before a court of record, or in any authentic writing is, in itself, a consummated act of acknowledgement of the child, and no further court action is required. In fact, any authentic writing is treated not just a ground for compulsory recognition; it is in itself a voluntary recognition that does not require a separate action for judicial approval. However, what was tried before the trial court and CA was for partition and accounting of damages only. The filiation or compusolry recognition by Vicente of Theresa was never put in issue. In fact both agreed in the trial courts pre trial order that Theresa was Rosalinas granddaughter. The deceased establishing acknowledgement of his paternity over Theresa nevertheless signed the duly authenticated birth certificate shown by the latter. Hence, the Court granted 1/8 share of the land to Theresa. Marquino vs IAC Marquino vs. IAC GR No. 72078, June 27, 1994 Eustiquio Marquino and Maria Terenal-Marquino (wife) survived by Luz Marquino, Ana Marquino and Eva Marquino legitimate children (Petitioners) Bibiana Romano-Pagadora survived by Pedro, Emy, June, Edgar, May, Mago, Arden and Mars Pagadora (Respondents) FACTS: Respondent Bibiana filed action for Judicial Declaration of Filiation, Annulment of Partition, Support and Damages against Eutiquio. Bibiana was born on December 1926 allegedly of Eutiquio and in that time was single. It was alleged that the Marquino family personally knew her since she was hired as domestic helper in their household at Dumaguete. She likewise received financial assistance from them hence, she enjoyed continuous possession of the status of an acknowledged natural child by direct and unequivocal acts of the father and his family. The Marquinos denied all these. Respondent was not able to finish presenting her evidence since she died on March 1979 but the sue for compulsory recognition was done while Eustiquio was still alive. Her heirs were ordered to substitute her as parties-plaintiffs. Petitioners, legitimate children of Eutiquio, assailed decision of respondent court in holding that the heirs of Bibiana, allegedly a natural child of Eutiquio, can continue the action already filed by her to compel recognition and the death of the putative parent will not extinguish such action and can be continued by the heirs substituting the said deceased parent. ISSUES: 1. WON right of action for acknowledgment as a natural child be transmitted to the heirs and 2. WON Article 173 can be given retroactive effect. HELD: SC ruled that right of action for the acknowledgment as a natural child can never be transmitted because the law does not make any mention of it in any case, not even as an exception. The right is purely a personal one to the natural child. The death of putative father in an action for recognition of a natural child can not be continued by the heirs of the former since the party in the best position to oppose the same is the putative parent himself. Such provision of the Family Code cannot be given retroactive effect so as to apply in the case at bar since it will prejudice the vested rights of petitioners transmitted to them at the time of death of their father. IAC decision was reversed and set aside. Complaint against Marquinos dismissed. Republic vs CA and Bobiles

Republic vs CA and Bobiles GR No. 92326, January 24, 1992 FACTS: Zenaida Corteza Bobiles filed a petition to adopt Jason Condat who had been living with her family since 4 months old. Salvador Condat, father of the child, and the social worker assigned was served with copies of the order finding that the petition was sufficient in form and substance. The copy was also posted on the bulletin board of the court. Nobody appeared to oppose the petition. The judgment declared that surname of the child be changed to Bobiles. ISSUE: WON the petition to adopt Jason should be granted considering only Zenaida filed the petition. HELD: The petition for adoption was filed when the law applicable was PD 603 (Child and Youth Welfare Code), where such petition may be filed either of the spouses or both of them. After the trial court rendered its favorable decision and while the case was pending on appeal in CA, Family Code took effect where joint adoption of both spouses is mandatory. Non-joinder is not a ground for the dismissal of an action or a special proceeding. The Family Code will have retrospective application if it will not prejudice or impair vested rights. When Zenaida filed the petition, she was exercising her explicit and unconditional right under said law in force at the time and thus vested and must not be prejudiced. A petition must not be dismissed by reason of failure to comply with law not yet in force and effect at the time. Furthermore, the affidavit of consent attached by the husband showed that he actually joined his wife in adopting Jayson. His declarations and subsequent confirmatory testimony in open court was sufficient to make him a co-petitioner. Future of an innocent child must not be compromised by arbitrary insistence of rigid adherence to procedural rules on the form of the pleadings. Hence, Petition was denied In Re Petition for Adoption of Michelle Lim and Michael Lim In Re Petition for Adoption of Michelle Lim and Michael Jude Lim GR No. 168992-93, May 21, 2009 FACTS: Monina Lim, petitioner, who was an optometrist was married with Primo Lim but were childless. Minor children, were entrusted to them by Lucia, whose parents were unknown as shown by a certification of DSWD. The spouses registered the children making it appears as if they were the parents. Unfortunately, in 1998, Primo died. She then married an American Citizen, Angel Olario in December 2000. Petitioner decided to adopt the children by availing of the amnesty given under RA 8552 to individuals who simulated the birth of a child. In 2002, she filed separate petitions for adoption of Michelle and Michael before the trial court. Michelle was then 25 years old and already married and Michael was 18 years and seven months old. Michelle and her husband including Michael and Olario gave their consent to the adoption executed in an affidavit. ISSUE: WON petitioner who has remarried can singly adopt. HELD: Petition was denied. The time the petitions were filed, petitioner had already remarried. Husband and wife shall jointly adopt except in 3 instances which was not present in the case at bar. In case spouses jointly adopts, they shall jointly exercised parental authority. The use of the word shall signifies that joint adoption of husband and wife is mandatory. This is in consonance with the concept of joint parental authority since the child to be adopted is elevated to the level of a legitimate child, it is but natural to require spouses to adopt jointly. The affidavit of consent given by Olario will not suffice since there are certain requirements that he must comply as an American Citizen. He must meet the qualifications set forth in Sec7 of RA8552. The requirements on residency and certification of the aliens qualification to adopt cannot likewise be waived pursuant to Sec 7. Parental authority is merely just one of the effects of legal adoption. It includes caring and rearing the children for civic consciousness and efficiency and development of their moral mental and physical character and well-being. De Asis vs CA De Asis vs. CA GR No. 127578, February 15, 1999

FACTS: Vircel Andres as legal guardian of Glen Camil Andres de Asis, filed an action in 1988 for maintenance and support against the alleged father Manuel De Asis who failed to provide support and maintenance despite repeated demands. Vircel later on withdrew the complaint in 1989 for the reason that Manuel denied paternity of the said minor and due to such denial, it seems useless to pursue the said action. They mutually agreed to move for the dismissal of the complaint with the condition that Manuel will not pursue his counter claim. However in 1995, Vircel filed a similar complaint against the alleged father, this time as the minors legal guardian/mother. Manuel interposed maxim of res judicata for the dismissal of the case. He maintained that since the obligation to give support is based on existence of paternity between the child and putative parent, lack thereof negates the right to claim support. ISSUE: WON the minor is barred from action for support. HELD: The right to give support cannot be renounced nor can it be transmitted to a third person. The original agreement between the parties to dismiss the initial complaint was in the nature of a compromise regarding future support which is prohibited by law. With respect to Manuels contention for the lack of filial relationship between him and the child and agreement of Vircel in not pursuing the original claim, the Court held that existence of lack thereof of any filial relationship between parties was not a matter which the parties must decide but should be decided by the Court itself. While it is true that in order to claim support, filiation or paternity must be first shown between the parties, but the presence or lack thereof must be judicially established and declaration is vested in the Court. It cannot be left to the will or agreement of the parties. Hence, the first dismissal cannot bar the filing of another action asking for the same relief (no force and effect). Furthermore, the defense of res judicata claimed by Manuel was untenable since future support cannot be the subject of any compromise or waiver Republic vs Cagandahan Republic vs. Cagandahan GR. No. 166676, September 12, 2008 FACTS: Jennifer Cagandahan was registered as a female in her Certificate of Live Birth. During her childhood years, she suffered from clitoral hypertrophy and was later on diagnosed that her ovarian structures had minimized. She likewise has no breast nor menstruation. Subsequently, she was diagnosed of having Congenital Adrenal Hyperplasia (CAH), a condition where those afflicted possess secondary male characteristics because of too much secretion of male hormones, androgen. According to her, for all interests and appearances as well as in mind and emotion, she has become a male person. She filed a petition at RTC Laguna for Correction of Entries in her Birth Certificate such that her gender or sex be changed to male and her first name be changed to Jeff. ISSUE: WON correction of entries in her birth certificate should be granted. HELD: The Court considered the compassionate calls for recognition of the various degrees of intersex as variations which should not be subject to outright denial. SC is of the view that where the person is biologically or naturally intersex the determining factor in his gender classification would be what the individual, having reached the age of majority, with good reason thinks of his/her sex. As in this case, respondent, thinks of himself as a male and considering that his body produces high levels of male hormones, there is preponderant biological support for considering him as being a male. Sexual development in cases of intersex persons makes the gender classification at birth inconclusive. It is at maturity that the gender of such persons, like respondent, is fixed