Escolar Documentos
Profissional Documentos
Cultura Documentos
31 MAY 2018
The Facts
Per our discussion and the documents you have shown me, the
following are the pertinent facts:
a. Sometime on the year 2005, you and Mr. Iida met and became lovers.
b. After sometime, you became pregnant and on September 15, 2007 you
gave birth to your child RYOSUKE RAGSAC IIDA out of wedlock.
c. After Ryosuke’s birth was registered with the Local Civil Registrar of
Trice Martires City, Cavite, his father disappeared and never showed
any interest towards Ryosuke.
e. Ryosuke has been living with you since the day he was born up to
present and he is under Visiting Visa and living with you.
The applicable law is Art. 165 of E.O. 2092, otherwise known as the
Family Code of the Philippines:
1
Associate Lawyer at Lagamon and Associates Law Office
2
Attached in this legal opinion is a copy of E. O. 209 downloaded from:
http://www.officialgazette.gov.ph/downloads/1987/07jul/19870706-EO-0209-CCA.pdf, accessed last May
31, 2018 at 11:39 a.m. PST
“Art. 165. Children conceived and born outside a valid marriage
are illegitimate, unless otherwise provided in this Code.”
It is clear from the foregoing cited provision of the Family Code that
your child RYOSUKE RAGSAC IIDA is an illegitimate child since you
and his father were never married and therefore, Ryosuke is born out of
wedlock.
The case of Briones vs. Miguel, et. al, G.R. No. 156343
October 18, 2004, is applicable to the present set of facts.
In that case, the issue revolved around whether the biological father
of a child can be denied custody and parental care in the absence of the
mother who is away.
The Supreme Court answered in the affirmative and held that since
the child is illegitimate, the parental authority and custody is vested by
law to the mother.3
3
Art. 176, Family Code. Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of
each illegitimate child shall consist of one-half of the legitime of a legitimate child. (emphasis ours)
4
G.R. No. 111180 , November 16, 1995
“[T]he recognition of an illegitimate child by the father could be a
ground for ordering the latter to give support to, but not custody of, the
child. The law explicitly confers to the mother sole parental authority
over an illegitimate child; it follows that only if she defaults can the father
assume custody and authority over the minor.” (emphasis ours)
Bearing in mind the welfare and the best interest of the minor as the
controlling factor, it cannot be disputed that you have the rightful parental
authority and custody under the Philippine law and shall continue to have
the said rights unless revoked by proper proceedings.