1.

Compulsory recognition

RPC 345 Civil Liability of persons guilty of crimes against chastity Persons guilty of crimes against chastity. Persons guilty of rape, seduction, or abduction shall
also be sentenced:
1. To indemnify the offended woman
2. To acknowledge the offspring , unless the law should prevent him from doing so.
3. In every case to support the offspring
The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to
indemnify for damages caused to the offended spouse.

People v. Abella
Facts:

The accused, Marlon Abella was convicted of raping a 38-year old with moderate mental retardation as that of a 7-8 year old. He was sentenced to reclusion perpetua. As
a result of the rape, the victim gave birth to a baby girl. The trial court ordered Abella to recognize the child as his illegitimate daughter entitled to support.

Issue: Whether or not Marlon Abella is required to recognize and support his child?

Held: Yes. As provided for in RPC 345.

Revised Penal Code, Article 345. Civil Liability of persons guilty of crimes against chastity. Persons guilty of rape, seduction, or abduction, shall also be sentenced:

1. To indemnify the offended woman;

2. To acknowledge the offspring, unless the law should prevent him from so doing;

3. In every case to support the offspring.

People v Gersamio

FACTS:
1. On August 28, 2002. Gersamio, with lewd design, did then and there willfully, unlawfully and feloniously by means of force, violence and intimidation and having
carnal knowledge with the complainant [AAA], 15 years old, a minor, at the time of the incident against her will.
2. Evidence was established that: AAAs first sexual ordeal at the hands of Gersamio happened sometime in 1999, when she was only 13 years old, having been born
on 11 April 1986. It was repeated for several times. The last incident of rape occurred on 28 August 2002. On the said date, AAA was about to enter their house,
Gersamio, who was then hiding behind a coconut tree, suddenly grabbed and dragged her towards the back of their house a banana plantation. AAA could not do
anything but cry as he pointed a knife at her neck. He commanded AAA to lie down but she resisted, prompting the former to kick the latter in her thigh. When AAA
was already lying on the ground, he removed her t-shirt, short pants and underwear. He also threatened to kill AAA. Defenseless, AAA simply cried. He inserted his
penis inside AAAs vagina. He warned AAA that he would kill her should she tell anyone what happened between them.
3. On 2 September 2002, AAAs grandmother, BBB, discovered her pregnancy because of the changes in her physical appearance. When asked about the father of her
child, it was then that AAA disclosed to BBB her harrowing experiences at the hands of Gersamio, which began in 1999 when she was only 13 years old, the last of
 which was on 28 August 2002. Such sexual advances by him resulted in her pregnancy. At once, BBB went to his house and confronted him regarding what he did to
AAA.
4. Nonetheless, in order to save AAA and their whole family from shame as he is AAAs uncle, being the first cousin of AAAs mother, BBB would just like to keep the
matter among themselves and merely asked him to acknowledge and support the child of AAA. He, however, denied the accusation and he even got mad at
BBB. Leaving with no other choice, AAA, accompanied by BBB, sought the assistance of their Barangay Captain and they told the former the whole incident. The
Barangay Captain then advised them to have a medical examination, which they did.
5. The Trial Court held him guilty beyond reasonable doubt of the crime charged, ordering him to pay AAA for moral damages; and acknowledge or recognize AAAs
offspring resulting from the rape; and support AAAs child in the event his means improves after serving his sentence.
The CA deleted, however, the portion ordering him to acknowledge paternity and to support AAAs child, as the issue of whether the child is Gersamios is yet to be resolved
in a full-blown trial.

ISSUE: Whether or not AAAs child should be recognized and supported by Gersamio.

HELD: NO. The SC affirms the deletion of the portion of the trial courts decision ordering Gersamio to acknowledge paternity and to support AAAs child in the absence of
evidence. In this case, AAA was already five and a half months pregnant when she was medically examined in September 2002. Obviously, the rape that happened on
August 28, 2002 was not the cause of that pregnancy. With these, Gersamio cannot be ordered to recognize and to support AAAs child.