Ko v. Republic · G.R. 210984

Petitioner: Ko
Respondent: Republic
Citation: G.R. No. 210984
Court: Supreme Court
Decided: April 12, 2023

Petition for Judicial Approval of Voluntary Recognition of a Minor Natural Child

Summary

James Cua Ko filed a petition for judicial approval of voluntary recognition of Jamie Shaye as his minor natural child after being indicated as her father in her birth certificate. However, Jamie Shaye was born during her mother Shalimar's valid marriage to Kerwin Cruz Par, making her legally legitimate under Family Code Article 164. The trial court, Court of Appeals, and Supreme Court all denied the petition, ruling that it constituted a collateral attack on Jamie Shaye's legitimacy. The Supreme Court distinguished between legitimacy (civil status based on birth during marriage) and filiation (biological relationship), holding that while James cannot impugn legitimacy as a non-husband, Jamie Shaye herself may establish her filiation to James during her lifetime. The decision protects the presumption of legitimacy while preserving the child's future right to establish biological parentage, balancing legal presumptions with biological reality in family law.

Statutes applied

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Paternity and Filiation in the Philippines

By the Intellegal Editorial Board · April 12, 2023

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