Professional Documents
Culture Documents
Sample Pleading
Sample Pleading
Sample Pleading
For:
Acknowledgement
of
natural child with Prayer for
Joint Custody and Cancellation
of
Birth
Certificate
and
Reinstatement
BUBOY
X-----------------------------------------X
I
That under Art. 283 (3) of the Family Code,
Petitioner has the right to be declared as
the natural father of Zedrick Concepcion.
Article 283. In any of the following cases, the father is obliged to
recognize the child as his natural child:
-x x x (3) When the child was conceived during the time when the mother
cohabited with the supposed father;
In People vs. Pitoc (G.R. No. 18513), cohabit has many different
meanings, each depending upon the sense in which it is used. Here,
we have a law intended to prohibit a married man from keeping a
mistress in his dwelling or anywhere else under "scandalous
circumstances." Hence, the meaning of the word cohabit here must
relate and he confined to the subject matter of the law itself. When
used in that sense, it should be construed to mean "to dwell or live
together as husband and wife; to live together as husband and wife
although not legally married; to live together in the same house,
claiming to be married; to live together at bed and board."
Weeks after their getaway at Manila Sofitel Hotel, Agnes was seen
frequenting Charlies condominium and was introduced to the staff of
the condominium as his wife. Oftentimes, the Petitioner and the
It is important to note that Buboy was of the notion that Zedrick was
prematurely born at 7 months.
II
That under Art. 283 (4) of the Family Code,
the Petitioner has sufficient evidence to
overcome the presumption that Zedrick was
born within the lawful marriage of Agnes
and Buboy Araneta
Article 283. In any of the following cases, the father is obliged to
recognize the child as his natural child:
-x x x(4) When the child has in his favor any evidence or proof that the
defendant is his father.
Moreover, in the case of Ong vs. Diaz (G.R. No. 17173) the Supreme
Court laid down the ruling that in filiation proceedings are usually filed
not just to adjudicate paternity but also to secure a legal right
associated with paternity, such as citizenship, support (as in the
present case), or inheritance. The burden of proving paternity is on
the person who alleges that the putative father is the biological father
of the child. There are four significant procedural aspects of a
traditional paternity action which parties have to face: a prima
facie case, affirmative defenses, presumption of legitimacy, and
physical resemblance between the putative father and child.
III
That according to object evidence rule, the
physical appearance of Zedrick is sufficient
to prove that Petitioner is the real natural
father of the former and not of Buboy
Araneta.
In Herrera v. Alba: It here are four significant procedural aspects of a
traditional paternity action which the parties have to face:
(4) and physical resemblance between the putative father and the
child
Zedrick was born perfectly healthy. However, much to Agnes
surprise, he looked different from his older brother and sister. His skin
was dark while theirs were milky white; his hair was curly while theirs
were straight and fine; his eyes were deep set while theirs were
almond shaped and mono-lidded; his nose was bulbous while theirs
were aquiline; lastly, he had thick lips while his siblings had thin and
tiny lips. As Zedrick grew older, Agnes also noticed that he was taller
that his siblings and had a rather stocky build, similar to his fathers
stature and features.
IV
Best interest of a Child is the paramount
consideration in custody cases.
The Convention on the Rights of the Child provides that [i]n all
actions concerning children, whether undertaken by public or private
social welfare institutions, courts of law, administrative authorities or
legislative bodies, the best interests of the child shall be a primary
consideration.
In the case of Gaulberto v. Court of Appeals, G. R. 156254, [t]he
principle of best interest of the child pervades Philippine cases
involving adoption, guardianship, support, personal status, minors in
conflict with the law, and child custody. In these cases, it has long
been recognized that in choosing the parent to whom custody is
given, the welfare of the minors should always be the paramount
consideration.
IV
Under Rule 108 Section 1. Petitioner, being
the natural father of the minor child Zedrick,
has the right to file a verified petition for the
cancellation or correction of the birth
certificate of the child.
Under Section 1 of Rule 108 that Any person interested in any act,
event, order or decree concerning the civil status of persons which
has been recorded in the civil register. The court, in People vs.
Lugsanay Uy, the court elucidated that even substantial errors in a
civil registry may be corrected and the true facts established provided
the parties aggrieved by the error avail themselves of the appropriate
adversary proceeding.
Further Section 2 of Rule 108 provides that upon good and valid
ground the following entries in the civil register may be may be
canceled or corrected:
(i)
PRAYER
WHEREFORE, it is respectfully prayed that this
honorable court declared him the biological father of Zedrick Araneta,
grant him joint custody of the child and for the cancellation or
correction of the latter's birth certificate.
Other equitable reliefs are likewise prayed for.
___________________, 1991, Quezon City.
________________________
Counsel for Plaintiff
________________________
Address
P.T.R. No.____ Date & Place of Issue____
IBP O.R. No.___ Date & Place of Issue_____
Charlie Nyongo
plaintiff
JURAT
SUBSCRIBED AND SWORN to before me, this 15th day of March,
2007 in the City of Quezon, affiant exhibiting before me his
Community Tax Certificate No. 123456, issued at Quezon City on
March 1, 2007.