One who had a child out of wedlock and the child is now 8 years old seeks support from the putative father, since the mother has no work because of the pandemic. She did not press for support before. He seasonably gives P 1,000.00 as support last November 2020 and this July of 2021.
She wanted to go to the barangay for help in drafting her demand letter for support but the man raises the issue of paternity and wants to have DNA testing of the child. The man has no capacity to pay for the DNA test. He however, signed or acknowledge paternity of the child as he signed in the birth certificate and was even allowed to use his surname. The woman is in a quandary whether she could ask for support for the child and if the man is in Manila, and he could not sign the demand letter, would it be alright if his parents will sign it?
Act No. 3753 of the Civil Registry Law, sets the requirement for registration of births of children legitimate or illegitimate.
The fact that the man signed item no. 13 of the Certificate of Live Birth, Affidavit of Admission of Paternity, is prima facie evidence of the statement or facts appearing thereon. He may question it, but in the meantime, what is written there remains to be correct until proven otherwise.
Since, he is the one raising the issue, he should bear the burden of proving it. But the action for support may be filed. His prior support given and his acknowledgment of paternity, may militate against his contention that the child is not his.
Demand letter for the support of the child may be received or signed by his parent/s , however, it would be best if it would be received by him personally to avoid his mere denial later on that, he did not receive it , hence, there is no valid demand for support.
As the right to support is reckoned from the time it is demanded. There is indeed difficulty in serving him the demand letter since he is in Manila and the parent may not even give the exact address. It would be best for this mother to seek legal counsel from the PUBLIC ATTORNEY’S OFFICE, which agency or office is nationwide, it may be possible they may be able to trace the whereabouts of the putative father. The Red Cross is also capable of helping locate persons.
These are hard realities encountered by women whose husband or partner has reneged on his responsibility to his family or children. The advocacy on empowering women to be financially able to support themselves and her children should be taken seriously. We have no delinquent children, as they say only delinquent fathers.
Litigation, like this, is protracted, so the woman should brace herself for a long battle. Meanwhile , she has to work for her and her child to survive. The brighter side is, if she would call on “Him”, His mercies are new every morning. Who knows she might come out stronger in character and will know how to face life’s adversities.
IBP Davao Corner is a weekly column of Integrated Bar of the Philippines- Davao Chapter, giving legal advice as part of its legal aid program. The above legal opinion is based solely on the appreciation of the facts and problem given and stated above. The opinion may vary when other facts, circumstances, and situations are stated. You may send your comments and questions to ibpdavao@gmail.com.
