To begin with, I think there are really no illegitimate children. There are
only illegitimate fathers and mothers, who beget offsprings outside a valid
marriage. I say this because it is quite unfair to tarnish children who had
really no fault in their conception and birth. However, our laws –
principally the Civil Code and the Family Code – label children conceived
and born out of wedlock as “illegitimate.” So, to avoid confusion, this
column, in discussing their rights, will abide by such nomenclature.
The Civil Code and the Family Code, which both regulate filial
relationships, provide that illegitimate children “shall use the surname …
of their mother.” But Revilla Sr. himself authored a law in 2004 (Republic
Act 9255, otherwise known as the “Revilla Law”) that amended these two
codes and allowed illegitimate children to use the surname of their father,
“if their filiation has been expressly recognized by the father through the
record of birth appearing in the civil register, or when an admission in a
public document or private handwritten instrument is made by the father.”
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Simply stated, such express (not implied) recognition may be found in the
original birth certificate signed by the father, or in a notarized document,
or private written instrument executed by the father. Absent such express
acknowledgment, an illegitimate child can use only the surname of the
mother.
There have been varying media reports on the amount of support given by
Revilla Sr. to Genelyn’s children – from P1 million to P150,000 a month –
which was apparently apportioned by the deceased Ramgen among his
siblings. Support, according to the Family Code, “comprises everything
indispensable for sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the financial capacity of the
family.” “Education” can extend beyond the age of majority.
It is not just the parents who are obliged to give support. “Brothers and
sisters not legitimately related, whether of the full or half blood, are
likewise bound to support each other,” but support may be denied to
illegitimate siblings “if the need is due to a cause imputable to the
claimant’s fault or negligence.” Under the Family Code, the many Revilla
children, whether legitimate or not, may owe support to each other.
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obligations (to the extent of the value of the inheritance) of a person are
transmitted to the heirs (and others called devisees or legatees) upon his or
her death, either by a will or by operation of law, or partly by will and
partly by operation of law.
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Comments to chiefjusticepanganiban@hotmail.com
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