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Forge signature in the affidavit of acknowlegement of paternity

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greatek


Arresto Menor

Good day!

Need to ask some advise.

With regards to this subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 9255 (An Act Allowing Illegitimate Children to Use the Surname of their Father, Amending for the Purpose, Article 176 of Executive Order No. 209, Otherwise Known as the "Family Code of the Philippines")

What if the signature of the father signed in the affidavit of acknowledgment was being forge?
Can the father still complain about this issue especially he don't wan't that child use his surname even if it is really his child? It was only last year when he found out about this forgery but he used to gave support to the child several times when he was working in abroad years ago.

Now that he is married he is eager to file a complain especially his family (wife & kid) was being troubled/received threats from his x-gf to make war. In fact he received a copy of fake marriage certificate which his x-gf was spreading thru emails & acknowledge that she registered the MC. According to Civil Registrar no MC registered.


He's x-gf is under petition going to Hawaii, so can it be possible that they could also petition the child as well using the his surname?

The main concern of the father is to remove his surname. The father knows already the consequence if he will pursue this to court that his x-gf family will sue him for anti-violence against women and ask for support. But by what they did there's a big possibility their petition be on hold or bond if it will be submitted in court & US embassy, so they might not sue him because their petition is the most priority & important.

Again, can the father could complain and ask to remove his surname to the child?

Thank you & hope to hear some advise about this issue.

attyLLL


moderator

yes, you can file a complaint for to contest the filiation. you can prove that the signature was forged, but the court may also ask you to undergo dna testing to settle the question.

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greatek


Arresto Menor

By the time the case be filed, how long is the processing of the case? Is there any bigger possibility that their petition will surely be bond if proven guilty?

attyLLL


moderator

cases may take years.

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