Rule 105 Special Proceeding
Rule 105 Special Proceeding
Rule 105 Special Proceeding
With the Effectivity of the Family Code, What Changes Were Made With Respect to
Judicial Approval of Voluntary Recognition of Minors?
Article 172 of the Family Code provides that the filiation of legitimate children is
established by any of the following:
1) The record of birth appearing in a civil register or a final judgment; or
2) An admission of legitimate filiation in a public document or a private document
handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
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.
Judicial approval of voluntary recognition is required only where filiation is proved by (a)
open and continuous possession of status of a legitimate child or (2) any other means
allowed by the Rules of Court and special laws.
Venue.
Court of First Instance (Family Court) - where the child or his parents shall obtain the
judicial approval of a voluntary recognition of a minor child.
Contents.
The petition shall contain:
a) Jurisdictional facts
b) Names and residences of the parents who acknowledged the child, or of either of
them, and their compulsory heirs, and the person or persons with whom the child lives
c) the FACT that the recognition made by the parent or parents took place in a
statement before a court of record or in an authentic writing, copy of the statement or
writing being attached to the petition.
If the Court is satisfied that the recognition of the minor natural child was voluntarily
made by the parent/s concerned and that it is for the best interest of the child, it shall
render judgment granting judicial approval of such recognition. A copy of this judgment
shall be served upon the civil registrar who shall enter the same in the register.