Proof and presumption of filiation (2)

“In the case of Baldos v. Court of Appeals, the Court explained the probative value of a delayed registration of birth:

“Applications for delayed registration of birth go through a rigorous process. The books making up the civil register are considered public documents and are prima facie evidence of the truth of the facts stated there. As a public document, a registered certificate of live birth enjoys the presumption of validity. It is not for Reynaldo to prove the facts stated in his certificate of live birth, but for petitioners who are assailing the certificate to prove its alleged falsity. Petitioners miserably failed to do so. Thus, the trial court and the Court of Appeals correctly denied for lack of merit the petition to cancel the late registration of Reynaldo’s birth.

“Notably, Juanito et al. did not object to the authenticity and due execution of Franklin’s birth certificate before the RTC. They merely asserted that the same is ‘self-serving,’ from the simple fact that Franklin caused such registration. Neither did they present any evidence to corroborate their allegation that Franklin did not comply with the process for delayed registration. Furthermore, this argument is being raised for the first time on appeal.

“Considering the foregoing, the Court finds that both the RTC and the CA were correct in appreciating Franklin’s birth certificate, specifically his date of birth stated therein as 30 September 1944.

“Juanito et al. contend that per Ara v. Pizarro, a delayed registration of birth, made after the death of the putative parent, is tenuous proof of filiation. In Ara, however, the claimant heirs were admittedly illegitimate and had registered their birth only after the case was initiated. Hence, there were serious doubts as to the filiation of the claimants to their alleged mother.

“In this case, Franklin registered his birth in 1993, while his mother Rosario was still alive, and more than a decade before Maria et al. filed their complaint in 2005.

“In addition to Franklin’s birth certificate, Maria et al. presented witnesses and a certification from the Armed Forces of the Philippines identifying Franklin among Anatolio’s beneficiaries at the time of his death in 1944. Again, both the RTC and the CA found the evidence sufficient to establish Franklin’s birth date. Franklin was born on 30 September 1944, only five months after Anatolio’s death and prior to Rosario’s second marriage. Hence, Franklin was conceived during Anatolio’s and Rosario’s marriage and is deemed their legitimate child.

“Juanito et al. claimed that the complaint filed before the RTC is an action to claim Franklin’s legitimacy and must be barred since Anatolio is already deceased. The Court disagrees, the wording of the Family Code is definitive under these circumstances:

“ARTICLE 164. Children conceived or born during the marriage of the parents are legitimate.

“Children conceived during the marriage of the parents are deemed by law to be legitimate children. Under the Family Code and the Revised Rules of Evidence, proof of legitimacy is necessary when the child is born more than 300 days after the termination of marriage. In this case, Franklin was born only 179 days after Anatolio’s death. When the law provides for the presumption, the burden falls upon the opposing party to prove otherwise.

“It appears from the records that Juanito never questioned Franklin’s legitimacy before this case. The Court has consistently ruled that the legal status of children in relation to their parents can never be contested as a defense or as a collateral issue in another action for a different purpose. Such challenge must be made in a proper action before a competent court. Juanito sought to prevent the nullification of documents and reconveyance of the subject properties by arguing that Franklin is not a child of Anatolio. This constitutes a collateral attack on Franklin’s legal status, which the Court may not entertain in this case. As explained in Tison v. Court of Appeals, ‘[t]here is no presumption of the law more firmly established and founded on sounder morality and more convincing reason than the presumption that children born in wedlock are legitimate.’ Tison explains that this doctrine prevents the status of a child from being in a state of uncertainty since an attack on legitimacy may only be done within the periods and upon the grounds provided by law.

“Even assuming that such an argument could be raised here, Juanito has not complied with the periods under Article 170 of the Family Code, nor has he established any of the grounds provided in Article 166. Hence, Franklin enjoys the presumption of legitimacy. The Court, therefore, finds that the RTC and CA were correct in maintaining that he is an heir of Anatolio.”

See how proof (like the birth certificate) and presumptions (of validity and legitimacy) discussed above clearly defined the entitlement of heirs to an inheritance. Without such proof and presumption, obviously the sister-in-law would likely not have been given her family’s fair share. The law indeed is like an exact science in itself. Presentation of proof and application of presumptions without doubt are the most important tools. Add to that the invocation of jurisprudence on all fours with the situation. A party who has all those most certainly has the edge.

The facts and quoted portion of the decision are from Juanito Anro Salvador et al. vs. Maria Minda A. Salvador et al. (G.R. No. 234681, 29 May 2024).