Friday, September 30, 2011

ART.265 CHAPTER 2 of the Code of the Philippines

       

                                                                                            
TOPIC: PROOF OF FILIATION OF LEGITIMATE CHILDREN


Art. 265. The filiation of legitimate children is proved by the record of birth appearing in the Civil Register, or by an authentic document or a final judgment.

DISCUSSION:

     The act of process of determining such relationship especially the son and the father or the adjudication of paternity is proved by the record of birth or documents in the civil register where it has a final judgment. Civil registration is the system by which a government records the vital events of its citizens and residents. The resulting repository or database is called civil register or registry, or population registry. The primary purpose of civil registration is to create legal documents that are used to establish and protect the civil rights of individuals. A secondary purpose is to create a data source for the compilation of vital statistics. In most countries, there is a legal requirement to notify the relevant authority of any life event which affects the registry.


           It is understood that the birth certificate that is the basic of the record of the birth is signed by the parents(normally the father) against whom against proof of filiation is directed. A recognition or admission by the father of a child that the latter is his child is a cogent evidence most especially if embodied in a final judgment. Be it noted that a record of birth or final judgment are public records or documents contents of which are prima facie presumed as correct. In fact, the stringent conditions needed by prove execution of private writings do not apply to public documents. Thus, public instruments are evidences even against a third person, of the fact of which gave rise to their execution and of the date of the latter.

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