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JINKIE CHRISTIE A. DE JESUS v. ESTATE OF DECEDENT JUAN GAMBOA DIZON

This case has been cited 1 times or more.

2009-07-31
CARPIO MORALES, J.
Article 176 of the Family Code, as amended by R.A. 9255, permits an illegitimate child to use the surname of his/her father if the latter had expressly recognized him/her as his offspring through the record of birth appearing in the civil register, or through an admission made in a public or private handwritten instrument. The recognition made in any of these documents is, in itself, a consummated act of acknowledgment of the child's paternity; hence, no separate action for judicial approval is necessary.[19]