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no adoption papers...annullment of birth certificate...does he have the right to get his share from my parents?

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andin


Arresto Menor

Dear atty,

Good day!
I've been working abroad for 13 years and i came home for good last 2008. we are four girls and i am the eldest. my father passed away 19yrs ago. since my sisters were all married and all living with their own, for now,its just me and my mother who live in our house.it was august 1978 when one of our neighbors gave her 4 months old baby boy to my parents. my father applied for a birth certificate of the child and was even baptized under his name. since then, the baby boy lives with us and my parents made him as their youngest child. now he's married with 2 kids and just living beside our house.
i dont know much about this comprehensive agrarian reform program or the so-called CARP. all i know is my parents got few hectares of land from the land they tilled for several years. the land was divided to my 2 sisters, to my mother, and to this boy. each one of them has its own land title given by the dept of agrarian. me and my other sister who's working as a teacher were not given any share by the govt. beacause they've said children who work abroad and govt employee are not entitled to their program, however they said, my mother could divide it equally for her kids, which she haven't done yet.
my problem is, this boy grew up disrespectful and so hard headed. he wanted to get his share from my mother because he thinks the land is really his.my question is, does he have the right to get his share knowing the fact that he's not our real brother. there was no adoption happened at all.i know he could file a case against my parents for applying a birth certificate and making it appear that the baby or child is their biological offspring.but my father was the one responsible for it. twas only my father who signed all the documents... and now he's gone. i'm afraid for my mother that she might take full responsibility of what my father did.
my father was already ill before he got married to my mother and my mother didnt know about it. my father was diagnosed and certified with schizophrenia by the national center for mental health when he was still 28 years old and was in and out from the hospital. the last time he was admitted to the same hospital was yr 1985.i could prove his illness because i have all the documents from the hospital. is there any possibility that we could annull his birth certificate?
thank you and i hope you could help me..

attyLLL


moderator

he is presumed to be the legitimate child of your parents, and his birth certificate is deemed to be valid.

if you can prove that he knew that he was not really a child of your parents for at least 10 years, your mother can raise the defense of prescription. she can also claim as defense that she did not sign the birth certificate but she should not claim ignorance of the circumstances.

yes, you yourself can file a case for cancellation of his birth certificate if you really wish to keep him from inheriting.



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andin


Arresto Menor

thank you very much for your reply. he knew that he was not really a child of my parents and i can prove it. he's just after his inheritance. where would i apply this cancellation of birth certificate? shall we go to court for this? do i need a lawyer?

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