REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MAKATI CITY
EN BANC
CHARLIE NYONGO,
PETITIONER,

G.R. No. 1234567

-versusAGNES
and
ARANETA,
RESPONDENTS.

For:
Acknowledgement
of
natural child with Prayer for
Joint Custody and Cancellation
of
Birth
Certificate
and
Reinstatement

BUBOY

X-----------------------------------------X
PETITION FOR ACKNOWLEDGEMENT OF NATURAL CHILD
WITH PRAYERS OF JOINT CUSTODY AND CANCELLATION AND
REINSTATEMENT OF BIRTH CERTIFICATE
NATURE OF ACTION
This is a petition for the acknowledgement of natural child, child
custody of Zedrick Araneta, and cancellation and reinstatement of
Birth Certificate of the same.
Herein Petitioner, Charlie Nyongo, asks this Honorable Court to
declare him as the natural father of Zedrick Araneta, who is the
legitimate son of Agnes and Buboy Araneta by virtue of the birth
certificate attached as exhibit____.
Petitioner further asks the Court to have the birth certificate of
Zedrick Araneta with reinstatement of birth certificate referencing to
Charlie Nyongo as the father.

PARTIES OF THE CASE

Petitioner, Charlie Nyongo, is 50 year old French national of African
Descent who has been residing in the Philippines at Unit 1801 One
Rockwell West Tower Condominiums, Rockwell Hidalgo Center
Makati and works at Asian Development Bank, ADB Avenue,
Mandaluyong, 1555 Metro Manila.

Private Respondents are Agnes Araneta (Agnes), 40 years old, and

Buboy Araneta (Buboy), 45 years old, both Filipinos. They are
husband and wife. Their matrimony has been blessed with three
children namely: Xander, 14 years old; Yolanda, 10 years old; and
Zedrick, 10 years old. All the children are surnamed Araneta and are
all Filipino citizens and living at 0841 St. Paul Street, San Antonio
Village, Makati.

The Civil Registrar of Makati City is also impleaded as Respondent

herein in relation to the cancellation of the childs birth certificate.

STATEMENT FACTS OF THE CASE

1. Charlie met Agnes at the Asian Development Bank (ADB) on 10
February, 2003 where they were both working as consultants.
For quite some time, their relationship was strictly professional
and purely platonic. However, working with each other every
day had developed their professional relationship into a
physical and romantic one. On June 8, 2003, they officially
started having an affair.
2. On February 14, 2005, Petitioner celebrated his second
Valentines Day with the Private Respondent, Agnes. They
checked in at the Sofitel Hotel (as evidenced by exhibit____.)
3. On April 30, 2005, Private Respondent, Agnes, noticed that her
menstrual period was delayed. She then informed Petitioner
Charlie about said matter.
4. After finally confirming the matter, Private Respondent informed
Petitioner that she was 2 months pregnant as evidenced by her
pregnancy test and ultrasound undertaken at St. Lukes Medical
Center. (Exhibit __).
5. On November 21, 2005, Agnes gave birth to her youngest child
Zedrick. Buboy Araneta at the time of the birth was still living
abroad. During these times, Petitioner and Private
Respondents affair still went on and Buboy Araneta failed to
sign Zedricks Birth Certificate (as evidenced by exhibit __).
6. Shortly after giving birth to Zedrick, Private Respondent
decided to end her affair with Petitioner. Buboy Araneta arrived
in Manila and the Private Respondents reconciled months
thereafter.
7. However, despite the break-up of Private Respondent Agnes
Araneta and herein Petitioner, Petitioner was still involved in
Private Respondents life as he continuously sent her money
every month for support (exhibit __).

ARGUMENTS AND DISCUSSION

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."

When Zedrick was conceived, the Petitioner and the Private

Respondent, Agnes, were engaged in a sexual relationship and nine
(9) months prior to the birth of Zedrick. Sometime during the second
week of February, the time where Zedrick believed to be likely to be
conceived as evidenced by his birth certificate which indicates that he
was born in the month of November, Petitioner and Private
Respondent had sexual relations at the Manila Sofitel Hotel as
evidence by the hotel log book and an official receipt in the name of
Petitioner (exhibits __ and __).

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
Private Respondent arrive together at the office and left together
afterwards.

The Private Respondents older children were known to be left in the

care of Agnes parents because of the Private Respondents
continued absence in their home. So much so was her absence that it
became common knowledge in their workplace that the Petitioner and
the Private Respondent were in a relationship together and that the
Private Respondent was effectively separated with her husband.

The Private Respondent Buboy Araneta, at the time of their

relationship, employed as the first pilot of Etihad Airways, was
residing abroad since May 2004. His work granted him the privilege
to reside in United Arab Emirates for two years (exhibit __). It was
physically impossible for him to have sexual intercourse with Agnes
Araneta during the time of Agnes relationship with the Petitioner,
more so during the conception of Zedrick as evidenced by his flight
manifest (exhibit___) and contract of work (exhibit ___).

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.

In this case, Zedrick was born perfectly healthy. However, much to

Agnes surprise, he looked a very 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 feature.

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.

In Tijing V. CA, the court ruled that physical resemblance between a

minor and his alleged parent is a competent and material evidence to
establish parentage. Here it ruled that, The trial court observed
several times that when the child and Bienvenida were both in court,

the two had strong similarities in their faces, eyes, eyebrows and
head shapes. Resemblance between a minor and his alleged parent
is competent and material evidence to establish parentage. Needless
to stress, the trial courts conclusion should be given high respect, it
having had the opportunity to observe the physical appearances of
the minor and Petitioner concerned.

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)

Acknowledgement of natural children;

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_____

VERIFICATION AND CERITIFICATION

I, Charlie Nyongo, of legal age, after duly sworn, depose and state
that:
I am the Plaintiff in the foregoing petition for the
acknowledgment of Zedrick Araneta as my natural child and the
cancellation and reinstatement of his birth certificate.
I caused the preparation of the Petition, which I have fully read
and understood.
I hereby affirm that all factual allegations contain in the said
petition are true and correct of my own personal knowledge and
belief, as well as true and correct on the basis of authentic
documents and records in my possession.
I certify that I have not heretofore commenced any action or
filed any claim involving the same issues in any court, tribunal, or
quasi judicial body.
If I should hereafter learn of any similar action or claim has
been filed or is pending, I shall report that fact within five (5) days
from knowledge thereof to this Honorable court.

Charlie Nyongo
plaintiff