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Birth Certificate Not Signed by Alleged Father

A birth certificate provides prima facie evidence of paternity as it is a public document. However, a high degree of proof is needed to overturn the presumption of truth in the birth certificate. A birth certificate that is not signed by the alleged father listed is not competent evidence of paternity, as the father's signature is needed to sufficiently recognize the child as his own. Without the father's signature, the birth certificate cannot be used as proof of birth or recognition of the child.

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Ryan Acosta
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538 views1 page

Birth Certificate Not Signed by Alleged Father

A birth certificate provides prima facie evidence of paternity as it is a public document. However, a high degree of proof is needed to overturn the presumption of truth in the birth certificate. A birth certificate that is not signed by the alleged father listed is not competent evidence of paternity, as the father's signature is needed to sufficiently recognize the child as his own. Without the father's signature, the birth certificate cannot be used as proof of birth or recognition of the child.

Uploaded by

Ryan Acosta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Value of Birth Certificate as Proof of Paternity: Discusses the use of a birth certificate as evidence of paternity, addressing legal perspectives and precedents.

Value of Birth Certificate as proof of parternity

Nature of a birth certificate, proof needed to overthrow presumption

A birth certificate, being a public instrument, offers prima facie evidence of


filiation and a high degree of proof is needed to overthrow the presumption
of truth contained in such public document. This is pursuant to the rule that
entries in official records made in the performance of his duty by a public
officer are prima facie evidence of the facts therein stated. [Heirs of Cabals
et al. v. CA, GR 106314-15]

Birth Certificate not signed by alleged father

A birth certificate not signed by the alleged father indicated in the said
certificate is not a competent evidence of paternity [Fernandez v. CA, G.R.
No. 108366, February 16, 1994].

To be sufficient recognition, the birth certificate must be signed by the father


and mother jointly, or by the mother alone if the father refuses xxx. xxx if
the alleged father did nothing in the birth certificate, the placing of his name
by the mother, or doctor or registry is incompetent evidence of paternity of
the child. If the birth certificate is not signed by the alleged father, it cannot
be taken as record of birth to prove recognition of the child, nor can said
birth certificate be taken as a recognition in a public instrument [Reyes v.
CA, GR No. 39537, March 19, 1985]

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