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Nullification of a birth registration

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1 Nullification of a birth registration on Tue Jul 12, 2011 4:27 pm

jeerseey123


Arresto Menor
My wife and I have been separated for more than 4 yrs. then, we decided to get back with each other on Dec of 2007. She got pregnant but to my surprised, she gave birth to a normal child on June of 2008 which was barely 6 months of living together. At first, I thought it was a premature baby but after awhile realizing that the baby was born normal and full term, this made me freaked out and decided to separate with her again. I went to abroad and after almost 3 yrs, i came back and i want to have that birth registration be nullified. I also learned that my wife had registered again the child with another name and with another date of birth which is july instead of June. I hope you can help me with this matter. thank you.

Now, I wanted to omit my name in the child bc as his father and to have the first registration be declared null and void.

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2 Re: Nullification of a birth registration on Tue Jul 12, 2011 6:31 pm

rchrd


moderator
The proper procedure would be the cancellation of the second birth cert. and at the same time correction of the entries in the first BC. This however will just partially solve your problem.

Approach a lawyer for the filing of a case for you to Impugn the legitimacy of the child (if you are legally married to the mother) and to Impugn your recorded paternity of said child.

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3 Nullification of a birth registration on Wed Jul 13, 2011 7:25 am

jeerseey123


Arresto Menor
thank you for the reply...just for an enlightenment, is it I who should file a cancellation of the 2nd bc? I also learned that the name of the child in the 2nd bc was totally different from the 1st one and it didn't bear my surname anymore. Can I seek assistance from PAO for the filing of the case?

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4 Re: Nullification of a birth registration on Wed Jul 13, 2011 1:13 pm

rchrd


moderator
The second paragraph above is your legal remedy. The cancellation of your name from the BC will follow.

Do not mind filing a petition for cancellation of the 2nd because that will not solve your problem.

Yes, the PAO will handle your case unless they will find that you are not qualified for free services based on financial capacity. Try checking the Local IBP chapter of your place. They might extend you free legal services too.

God bless.

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5 Nullification of a birth registration on Sat Jul 16, 2011 7:56 pm

jeerseey123


Arresto Menor
Good day!

Can I file a case against my wife for naming a child after me and making me believe that it was mine, and now she had file a complaint against me asking for financial support for the child. I am about to leave i a couple of days, and I want this matter to be settled.

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6 Re: Nullification of a birth registration on Mon Jul 18, 2011 1:47 pm

rchrd


moderator
Can I file a case against my wife
=> "for naming a child after me" : No you cannot because the child born during your marriage is presumed by law as your child until you prove in court that it is not yours through a case filed for that purpose.
=> "making me believe that it was mine" : You have a ground for damages based on this but you must first prove that the child is not yours and your wife did this to cause you harm and that you were in-fact harmed
=> now she had filed a complaint against me asking for financial support for the child. : She has a ground to file that case because you are her husband and you are presumed as the father of her son. Your defense is that you have a ground/reason to deny her support (her adultery) and to deny support to the child because the same is not your child.

You already have to get a lawyer to more properly assess your case as there is a case filed already and i am not your lawyer.

God bless.

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7 Re: Nullification of a birth registration on Mon Jul 18, 2011 7:45 pm

attyLLL


moderator
the action you are contemplating is to impugn the legitimacy of the child which you could do only within 1 year after you knew of its birth or registration of the birth certificate. in my opinion, it's too late now.


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8 Re: Nullification of a birth registration on Wed Jul 20, 2011 8:59 pm

rchrd


moderator
JEERSEY:

Atty LLL is correct that the prescriptive period (time to file a valid suit) for the filing of an action to impugn the legitimacy of your child is 1 year after you knew of its birth or registration of the birth.

Your lawyer may argue that the laws do not intend to leave your grievance without a remedy and order you to support a person who do not deserve it. If you would be left under your present state (being father of a child that is not yours), you have to support that child in all his needs (financial including education beyond minority; share in inheritance; etc.). Your lawyer can study the following and base your action thereon:
1. You have no medical knowledge so you have no sufficient knowledge to conclude that the child is not yours;
2. The fact that the child is not yours was concealed to you;
3. By the help of modern science (unfortunately you have to spend for this), you now have knowledge that the child is not yours;
4. While you have suspicions before that the child is not yours, that suspicion should not be interpreted by the court as the knowledge contemplated by the law;
5. You should not be burdened by the law of contesting the paternity within 1 year from registration because you cannot possibly question it then when all you had then was mere suspicion;
5. When modern science (DNA)was able to confirm your suspicion, this should be the time that you are considered to have discovered the concealed identity of the child so the 1 year period should be counted from the date you discovered the spurious paternity of the child.

"If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier."

NOTE HOWEVER that not all lawyers are willing to follow the above line of reasoning and the chance that the issue might reach even the Supreme Court is high. There are some lawyers who are willing to take a case for free or at a minimum fee if they assess that the "case is of first impression" (i am not sure if your case can be considered to be of first impression) but time is not on your side to scout for one because a case is filed against you already.

Since a case is filed against you already, you should look for a lawyer immediately.

Thanks.



Last edited by rchrd on Wed Jul 20, 2011 9:05 pm; edited 1 time in total (Reason for editing : clarity of message)

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9 Re: Nullification of a birth registration on Wed Aug 03, 2011 8:23 am

jeerseey123


Arresto Menor
My wife was not able to file a case against me for lack of evidence and probably for seeing the improbability of it. But, I still want the BC to be nullified. I was really caught in a dilemma.

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10 Re: Nullification of a birth registration on Wed Aug 03, 2011 10:13 pm

rchrd


moderator
["Can I file a case against my wife for naming a child after me and making me believe that it was mine, and now she had file a complaint against me asking for financial support for the child. I am about to leave i a couple of days, and I want this matter to be settled. "]

DID SHE FILE OR DID SHE NOT?

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11 Re: Nullification of a birth registration on Sun Aug 07, 2011 12:37 pm

jeerseey123


Arresto Menor
she didn't file the case.

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