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About The Affidavit of Acknowledgement of Paternity

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tidecaller


Arresto Menor
Hi,

Please help me. This is my situation. I have a 3yr old daughter who is an illegitimate child. Hindi pa kase pala annulled yung ex ko that time. Hindi ko nilagay yung surname niya since we broke up nung 8months pregnant ako. Wala siyang signature sa BC ni daughter. Ang nakalagay sa father tab ay UNKNOWN.

Now to get support I know I need him to sign an affidavit of acknowledgement or write a letter of acknowledgement admitting na siya yung biological dad. Pag di siya nagsend ng ganong affidavit ang alam ko pwede ako humingi sa korte ng Compulsory Paternal Acknowledgement. Eto po yung tanong ko:

1. saan ko po kukunin yung letter na un? kailangan ba sa DSWD or sa PAO? kailangan po ba na magfile ako ng kaso before ako mabigyan ng korte ng ganon?

2. if magsign siya ng letter of acknowledgement, paano po male-legalize yung support? pati po ba ang employer niya kakausapin? sino po ang makikipag communicate, ako or yung korte?

3. Ano ano po ang dapat kong ihanda for a case like this?

4. Ang email po ba na nagcocontain ng admission of paternity ay pwedeng gamitin as proof or hindi?

THANK YOU

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centro


Reclusion Perpetua
The legal way is for the father to acknowledge paternity and formalize this in the Certificate of Live Birth.  This is the documentation to enforce support for the child's needs.  However, he is married and the tie has not yet been annulled.  Formalizing the Certificate of Live Birth is a proof in case a case will be filed against him by his legal wife.

Iyung ibang points raised, I am not in a position to comment yet.
Madali bang humingi ng acknowledgement of paternity at this point?  Mahirap sagutin.
Baka ang first step is to go to the office of the civil registry at the municipality where the child was registered.



Last edited by centro on Sat Apr 04, 2015 7:59 am; edited 2 times in total (Reason for editing : Corrected married status)

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tidecaller


Arresto Menor
We are not married but HE is with his wife na he claimed na separated na sila. Hiwalay sila but not legally. We're in good terms naman nung wife and she is even supporting me on my hopes to getting financial support from my ex.(err her x-hubby)

Like what I said before, he didnt sign anything and his name is not listed anywhere sa birth certificate, ang nakalagay sa fathers tab ay UNKNOWN.

Tanong lang po, I dont know where to start kase and mejo nalito ako since may nabasa ako na dapat ipabarangay muna?

Should I go to the barangay first? Saang barangay po? Sa kanila po? He resides in Sto Tomas Batangas while I live in Calamba City.

OR pwede po ba na dumerecho na ako sa PAO and have them set an appointment?

Right now po kase, office address and contact numbers lang ang meron ako to communicate with my ex. I don't know his home address (which is my mistake, hindi ko inalala)

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centro


Reclusion Perpetua
I corrected my previous reply understanding he is the married one.
My suggestions, inquire from the office of civil registry at the municipality where the child was registered on how to go about annotating the acknowledgement of paternity.  No fees are involved here.  Just inquire.  If only for the information, this will enlighten you.
You can then check at the lupon of your barangay first on how to go about with your case.  As the other party is based in another barangay,  if a case will be filed, there will be a consensus on which lupon will handle your complaint. (See quoted provision.)  No lawyers are required here. Magbasa na rin ng info on Katarungang Pambarangay sa internet.

Provision on settling on disputes, "Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon"

Kung di pa maayos sa level ng barangay, saka pa lang puedeng sumampa ng kaso.  Magiissue ng certificate ang lupon na cleared to file sa municipal trial court.  Dito na papasok ang lawyer at the PAO kung qualified either parties.

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