Best interest of the child

Dear PAO,

My friend Jean was separatedin- fact from her husband when she went abroad in 2011 to work as a domestic helper. She had an affair with a foreigner, which resulted in the birth of a baby boy. The birth of said child was registered indicating her estranged husband as the father. Jean relayed to me her intention to have that birth certificate nullified so that the boy will use her maiden surname. Is there any law governing this matter?

Jerrel

Dear Jerrel,

The provision of the Family Code of the Philippines that governs the status of Jean’s son is found under Article 164, which states that: “Children conceived or born during the marriage of the parents are legitimate.”

The presumption of legitimacy may be impugned by the father or his heirs but not the mother. Jean’s desire is equivalent to impugning the legitimacy of her son which is directly in contravention to Article 167 of the same law which provides that:

“The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress.”

Jean’s intention to cancel the birth certificate of her son and for the latter to use her maiden name is not that simple because it would result also in changing the status of her child from legitimate to illegitimate. It is best to emphasize that the yardstick by which policies affecting children are to be measured is their best interest (GrandevsAntonio, GR 206248, Feb. 18, 2014, Ponente: Associate Justice Presbitero Velasco Jr.).

The status of a child as legitimate is better than being an illegitimate. This is in accordance with the decision of the court in the case of Con cep ci on vs Court of Appeals and Al monte( GR 123450, Aug. 31, 2005), where the Supreme Court, through Chief Justice Renato Corona, stated that :“xxx.T he law, reason and common sense dictate that a legitimate status is more favorable to the child. In the eyes of the law, the legitimate child enjoys a preferred and superior status. He is entitled to bear the surnames of both his father and mother, full support and full inheritance. On the other hand, an illegitimate child is bound to use the surname and be under the parental authority only of his mother. He can claim support only from a more limited group and his legitime is only half of that of his legitimate counterpart. Moreover (without unwittingly exacerbating the discrimination against him), in the eyes of society, a ‘bastard’ is usually regarded as bearing a stigma or mark of dishonor. Needless to state, the legitimacy presumptively vested by law upon Jose Gerardo favors his interest.”

Thus, it will serve the best interest of the child if his legitimate status will remain.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’ s note: Dear PA O is a daily column of the Public Attorney’ s Office. Questions for Chief Acostamaybesenttodearpao@manilatimes.net