Acknowledgment, also known as recognition is defined as the process of declaring legally that a

certain person is one’s own child.

Two types of Recognition:

1. Voluntary recognition has to be in a public instrument or in a handwritten document signed
by the recognizing father. A unilateral declaration by the mother is not enough. Hence, when
the father has not signed the report of live birth, the child’s record will indicate the father
as unknown. Without such recognition, the illegitimate child acquires no rights enforceable
against the illegitimate father
2. Involuntary recognition. In case the illegitimate father has denied paternity, the child may
bring an action to seek judicial declaration of his filiation. He may present all admissible
evidence to prove his claim. He may also ask the court to compel his alleged father to
undergo DNA test.

1. VOLUNTARY RECOGNITION

Rule on the registration of births of illegitimate children who were born prior to August 3, 1988
(Effectivity of the Family Code)

Illegitimate children as defined under the Civil Code of the Philippines who were born prior
to August 3, 1988 and whose births were not previously registered shall be registered under the
following rules in addition to those provided for delayed registration of births;

1. Recognition or acknowledgement of an illegitimate child may be made jointly by the father

and mother or by only one of them (Art. 276, C.C.) When the father or the mother makes the
recognition separately, he or she shall not reveal the name of the person with whom he or
she had the child; neither shall he or she state any circumstance whereby the other parent
may be identified (Art. 280, C.C.)
2. An illegitimate child has the right to bear the surname of the parent recognizing him (par. 1,
Art. 282, C.C.) However, an illegitimate child who is not recognized or acknowledged by both
parents in accordance with law shall be registered under the surname of the mother
(Opinion No. 147 s. 1986, Minister of Justice)
3. Recognition shall be made in the record of birth, a will, statement before a record, or in
any authentic writing (Art. 278, C.C.). If made on record of birth at the time of registration
the affidavit of acknowledgement printed at the back of the certificate of live birth shall be
signed and sworn to jointly by the parents of the illegitimate child, or only by the mother if
the father refuses (Sec. 5, Act No. 3753).

Rule on the registration of births illegitimate children who were born on August 3, 1988 and
thereafter.

The following rules shall govern the registration of illegitimate children who were born on
August 3, 1988 and thereafter:
1. An illegitimate child shall use the surname of his mother (Art. 176, F.C.) regardless of
whether or not his father admits paternity (opinion of Civil Code Revision Committee,
September 23, 1988).
2. The name of the father of the illegitimate child may be indicated on the birth certificate of
the latter whenever the former executes an affidavit of admission of paternity, provided
that such affidavit shall not affect the naming of the illegitimate child (opinion of the Civil
Code Revision Committee, September 23, 1988)
3. The affidavit mentioned in the immediately preceding paragraph, if executed by the father
shall be permanently attached to and shall form part of the birth certificate of the
illegitimate child. The birth certificate in such a case must have a remark "With Attached
Affidavit of Admission of Paternity" impressed with a rubber stamp at the upper left-hand
margin and duly signed by the local civil registrar or authorized civil registry personnel.
 4. Illegitimate children falling under this classification who were not registered within the
prescribed period of registration shall comply with the requirement of delayed registration of
births. (Section 4 Circular No. 89-13 dated 17 July 1989)
2. INVOLUNTARY RECOGNITION

ACTION TO CLAIM LEGITIMACY (Judicial Declaration of Filiation)

 Who may file the action?

o General Rule: the child
o Exception: the child’s heirs if the child dies during minority or is in state of insanity
 When to file it?
o GR: during the child’s lifetime
o XPN: 5 years for child’s heirs (counted from the time the child dies during minority or
is in state of insanity)
 May the action be filed even after the death of the alleged parent?
o Yes, the action may be filed against the parent’s heirs
 How is filiation proved?
o Article 172. The filiation of legitimate children is established by any of the following:

Primary evidence
(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 of the foregoing evidence, the legitimate filiation shall be proved by:

Secondary Evidence
(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.

ACTION TO CLAIM ILLEGITIMATE FILIATION

 When to file it?
o GR: during the child’s lifetime
o XPN: During lifetime of alleged parent when the claim is based merely on secondary
evidence of filiation such as:
(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.
 How is illegitimate filiation proved?
o Same as those for legitimate filiation
o Primary evidence
(1) The record of birth appearing in the civil register or a final judgment; or
 For birth certificate to be considered competent evidence of filiation,
the putative father must have participated in its prepartion
(2) An admission of legitimate filiation in a public document or a private handwritten
instrument and signed by the parent concerned.

In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

Secondary Evidence
(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.