Gregorio Miguel Pallugna
WHAT rights do illegitimate children have? This is a question that to some may seem very simple and obvious but still remains to be commonly misunderstood. The fact is that so many illegitimate children still do not know the extent of their rights under Philippine laws. Many illegitimate children, or their mothers, probably still think that illegitimate children have very little rights under the law and are better off leaving their biological fathers at peace for fear of being branded as “bastardos”. The truth however is that illegitimate children are actually more protected than they think. And I say this at the risk of exposing many delinquent fathers to support claims and probably even criminal suits from their illegitimate children.
For the benefit of illegitimate children and their mothers who may have gotten the bitter end of the pill, and also for the guidance of illegitimate fathers who want to know the breadth of their responsibilities, it is important to break some of the myths on the extent of rights of illegitimate children.
Myth No. 1: An illegitimate child cannot carry the surname of his biological father.
Truth: An illegitimate child may use the surname of his father provided that his or her filiation is 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. Simply put, as long as the father has signed the birth certificate of the child, or if there is some other notarized document like an affidavit or a non-notarized even just a handwritten document like a love letter where the father has admitted that the child is his son or daughter, then the illegitimate child may carry the surname of the father.
Myth No. 2: An illegitimate child is not entitled to support from his biological father.
Truth: An illegitimate child, provided that he has been recognized by his father, is entitled to the same support that is due to a legitimate child. He is entitled to love, guidance and financial support for food, clothing, shelter, health, transportation and education, just as a legitimate child is. As a matter of fact, if an illegitimate child is recognized and the father refuses to provide support, the illegitimate child may file a civil case for support or a criminal case for economic abuse under the Anti-Violence Against Women and their Children Act.
Myth No. 3: An illegitimate child cannot inherit from his biological father.
Truth: An illegitimate child can inherit from his father as long as he is recognized, although, under the law, his inheritance is only half of that of the share of a legitimate child. Nevertheless, he is entitled to inheritance and if the father leaves a last will and testament that does not include him, that last will and testament can be invalidated for the very reason of his exclusion. Also, if the legitimate children refuse to give him his share the illegitimate child may ask the courts for a judicial partition of the estate of his father in order to afford him his rightful share in the inheritance.
Myth No. 4: An illegitimate child loses all rights if father refuses to recognize him.
Truth: While the illegitimate child cannot use the surname of the father, ask for support or inherit from the father if he is not recognized, hope is not lost. The illegitimate child can always file an action in court for compulsory recognition of paternity against his father. After the court declares that the man is the real father of the illegitimate child then all the rights mentioned above, among others, are vested in the child and these rights retroact to the birth of the child.
Unknown to many, the treatment of illegitimate children under our laws has considerably improved over the years. Gone are the days when illegitimate children have been treated as lowly second-class offsprings and have even been called derogatory names. They are now considered as equally important and valued members of society, especially so because they are completely blameless and have had no control in the circumstances under which they have been brought into this world. It should be emphasized and wellemembered by both illegitimate children and their parents that our laws are guided by the principle that in all actions concerning children, the best interests of the child is always the primary consideration.
It pays to know your rights.
(Gregorio Miguel H. Pallugna is a lawyer like his father Joe, a columnist of this paper. He will be regularly contributing opinion pieces to this paper. E-mail: gregpallugna@yahoo.com)
