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RULING:
Christina's directly accusing the respondents of forcibly separating
her from her child and placing the latter up for adoption, indicates
that she is not searching for a lost child but asserting her parental
authority over the child and contesting custody over him. Since it is
extant from the pleadings filed that what is involved is the issue of
child custody and the exercise of parental rights over a child, who,
for all intents and purposes, has been legally considered a ward of
the State, the Amparo rule cannot be properly applied. Petition
DENIED. RTC judgement AFFIRMED without prejudice to petitioner's
right to avail of proper legal remedies afforded to her by law and
related rules.
Facts:
Petitioner, Marissa Benetiz Badua, claims to be an heir to Vicente
Benitez and Isabel Chipongian, being the legitimate child of the
spouses. Such claim by the petitioner was done after the private
respondents (Vicente’s sister & nephew) filed a special proceeding for
the settlement of estate & administration of the same. At the trial
court, the private respondents contended that the couple has no
biological child, for their incapacity to procreate a child as testified
by the obstetrician-gynecologist of Isabel.
RULING:
The mere registration of a child in his or her birth certificate as
the child of the supposed parents is not a valid adoption, does
not confer upon the child the status of an adopted child and the
legal rights of such child, and even amounts of simulation of the
child's birth or falsification of his or her birth certificate, which
is a public document.
IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA
HONORATO B. CATINDIG, petitioner
G.R. No. 148311. March 31, 2005
May an illegitimate child, upon adoption by her natural
father, use the surname of her natural mother as her middle
name?
Law Is Silent As To The Use Of Middle Name –