Simulation of birth

Dear Atty. Angela,

I have a minor son with my wife who left me a year ago with our child in my custody. Since I am a seafarer, I am always away from the Philippines and it is my father who takes good care of my son. When I received a grant of my petition in a different country, my father and I agreed that he will take on the responsibility of raising my son and he will register him as his own. After my father registered my son’s second birth certificate to be used in his school enrollment and passport, my father was arrested for simulation of birth. My father did not intend to do harm and only had his grandson’s welfare in mind. Can he still be acquitted from this crime?

Rodolfo

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Dear Rodolfo,

Yes, your father was in good faith when he committed the crime.

In the case of Benito A. Somo v People, G.R. No. 256102 (26 August 2026), the Supreme Court (SC) explained that when a crime is classified as mala prohibita (wrong because it is prohibited), the punishment imposed has to be minimal considering that the crime may be committed even though criminal intent is absent.

From these, the SC clarified that simulation of birth is a crime classified as mala in se, meaning an act that is inherently wrong and requires proof of criminal intent.

The SC held that simulating birth is inherently wrong because it affects a child’s legal identity, family relationships, and constitutional rights, including the sanctity of family life and parents’ primary right and duty to raise their children.

However, merely registering a false birth certificate is not enough to establish criminal liability. The prosecution must also prove that the accused intended to cause the child to lose their true identity and status. In this case, the SC found that although the false registration was established, the prosecution failed to prove criminal intent.

In your case, your father did not intend to defraud the State or conceal his grandson’s origins. Since the child does not have his biological parents, he assumed the parental role to provide his grandson with stability, legal documentation, and access to essential services.

As the SC stressed: Our criminal justice system cannot be weaponized against those who, far from intending harm, acted out of compassion and duty.

Atty. Angela Antonio