Rule 105, Rules of Court

Judicial Approval of Voluntary Recognition of Minor Natural Children

Gregor Alfonsin C. Pondoyo, RN, MN

Voluntary Recognition is an admission of the fact of paternity or maternity by the

presumed parent, expressed in the form prescribed by the Civil Code. Its essence lies in
the avowal of the parent that the child is his; the formality is added to make the
admission incontestable, in view of the consequences. (Gapusan Chua v. CA, 183
SCRA 160)

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.

Who may oppose?

Any interested party must file his opposition to the petition, stating the grounds or
reasons therefor.

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.

Judicial approval is NOT needed if recognition is voluntarily made:

1) of a person who is of age, only his consent being necessary; or
2) of a minor whose acknowledgment is effected in a record of birth or in a will.

However, it is NEEDED if the recognition of the minor is effected, NOT THROUGH a

record of birth or in a will but through a statement in a court of record or an authentic
document (or writing). In any case, the individual recognized can impugn the
recognition within 4 years following the attainment of his majority.
An Authentic Writing for purposes of voluntary recognition is understood as a genuine
or indubitable writing of the father (or mother), including a public instrument and a public
or official document in accordance with Section 20 Rule 132 of the Rules of Court 1.

With Regards to Illegitimate Children

Art. 175 of the Family Code provides that illegitimate children may establish their
illegitimate filiation in the same way and on the same evidence as legitimate
children. (Art. 172 above therefore applies)
The action must be brought within the same period specified in Art 173 of the same
Code, except when the action is based on the 2 nd paragraph of Art 172. In this case, the
action may be brought during the lifetime of the alleged parent.

1 Proof of private document. Before any private document offered as authentic is

received in evidence, its due execution and authenticity must be proved either: (a) By
anyone who saw the document executed or written; OR (b) By evidence of the
genuineness of the signature or handwriting of the maker.