How to Prove Who the Father Is

Article 172 sets two levels of evidence. The first is:

If none of these exists, the second paragraph of Article 172 allows proof by "the open and continuous possession of the status of a legitimate child" or by "any other means allowed by the Rules of Court and special laws."

These rules are written for legitimate children, but Article 175 applies them to children born outside marriage too:

A father's signature matters. In *Aguilar v. Siasat* (2015), the Supreme Court accepted the father's sworn SSS Form E-1 naming the claimant as his son: it was "an admission of legitimate filiation in a public document". The Court also repeated an earlier ruling that recognizing a child "in a record of birth, a will, a statement before a court of record, or in any authentic writing is, in itself, a consummated act of acknowledgment of the child, and no further court action is required."

The writing must come from the father himself. In *Nepomuceno v. Lopez* (2010), a handwritten note promising monthly support was not enough, because it said nothing about the child's filiation. The Court said the claim "must be made by the putative father himself and the writing must be the writing of the putative father."

• A birth certificate the father did not sign. In *Perla v. Baring* (2012), a birth certificate naming the father "has no probative value" to prove filiation because he had not signed it. The Court said the same of a baptismal certificate prepared without his participation.
• Photos and unsigned notes. In *Salas v. Matusalem* (2013), the Court said: "Pictures taken of the mother and her child together with the alleged father are inconclusive evidence to prove paternity." Handwritten notes failed because they were not signed by the man and contained no admission.

In *Salas*, the Court listed other evidence that may be used: a baptismal certificate, a judicial admission, a family Bible with the child's name, common reputation about the child's family, admission by silence, witnesses, and other proof allowed by Rule 130 of the Rules of Court. It said an order for recognition and support may be issued only if paternity is established by clear and convincing evidence.

Yes, DNA evidence can be used. In *Herrera v. Alba* (2005), the Supreme Court accepted DNA analysis in a paternity case and upheld the order for testing. It also held that taking a DNA sample from the respondent in a paternity case does not violate the right against self-incrimination. In *Agustin v. Court of Appeals* (2005), the alleged father's objection based on privacy also failed.

The Supreme Court later adopted the Rule on DNA Evidence (A.M. No. 06-11-5-SC). As quoted in *Lucas v. Lucas* (2011), the court may order DNA testing on its own or on application of a person with a legal interest, after a hearing and notice to the parties. In *Lucas*, the Court said the applicant must first "present prima facie evidence or establish a reasonable possibility of paternity", and that the order "remains discretionary upon the court." The purpose is "to protect the putative father from mere harassment suits."

DNA testing is possible even after the alleged father has died. In *Estate of Rogelio G. Ong v. Diaz* (2007), the Court said his death "does not ipso facto negate the application of DNA testing for as long as there exist appropriate biological samples of his DNA."

This page does not give probability thresholds, laboratory names or costs: the full text of the Rule on DNA Evidence was not read for this page, and no official source read gives costs.

It depends on the evidence:

• Signed birth record or written admission (first paragraph of Article 172): the child may file during his or her lifetime. If the child dies during minority or while insane, the heirs have five years (Article 173).
• Other evidence, such as open and continuous status, witnesses or DNA (second paragraph of Article 172): the case must be filed "during the lifetime of the alleged parent" (Article 175).

Proof of filiation is the basis for the child's rights. For a child born outside marriage, Article 176 says the child may use the father's surname if the father expressly recognized the child in the birth record or in a written admission. The same article says illegitimate children are entitled to support and to a legitime, which is a share in the parent's estate. See Can an illegitimate child use the father's surname? and How much is child support? In *Agustin*, the Court allowed an action for support to be joined with an action to compel recognition.

A child born during a marriage is presumed to be the husband's child. That is a different question: see Can a husband deny paternity?

These are made-up examples to show how the rules work. They are not advice for any real case.

Bea. Bea's father Cesar signed her birth certificate. That record of birth proves her filiation (Article 172(1)), and no further court case is needed to show he acknowledged her.

Dino. Dino's father did not sign his birth certificate and never wrote anything admitting paternity. Dino must prove filiation with other evidence, such as witnesses or DNA, and must file while the alleged father is alive (Article 175). An unsigned birth certificate and photos alone are not enough.

Ella. Ella asks the court to order a DNA test. She must first show a prima facie case or a reasonable possibility of paternity. The court then decides whether to order the test.

You can get a copy of a birth certificate from the PSA: see PSA birth certificate online.

Talk to a lawyer before filing a case to prove paternity, especially if the father did not sign the birth certificate, is old or ill, or has died. The deadline in Article 175 can close the case for good. A lawyer can tell you which evidence you have, whether to ask for DNA testing, and whether to claim support in the same case.

If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.