This case has been cited 1 times or more.
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2012-06-13 |
DEL CASTILLO, J. |
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| The RTC ordered Victor to acknowledge "AAA's" offspring "CCC" and give her support. "Article 345 of the Revised Penal Code provides for three different kinds of civil liability that may be imposed on the offender: a) indemnification, b) acknowledgement of the offspring, unless the law should prevent him from so doing, and c) in every case to support the offspring. With the passage of the Family Code, the classification of acknowledged natural children and natural children by legal fiction was eliminated and they now fall under the specie of illegitimate children. Since parental authority is vested by Article 176 of the Family Code upon the mother and considering that an offender sentenced to reclusion perpetua automatically loses the power to exercise parental authority over his children, no 'further positive act is required of the parent as the law itself provides for the child's status'. Hence, [Victor] should only be ordered to indemnify and support the victim's child."[70] "The amount [and terms] of support shall be determined by the trial court after due notice and hearing in accordance with Article 201[71] of the Family Code."[72] | |||||