news The Manila Times TUESDAY BY BERNICE CAMILLE V. BAUZON REPORTER


A 3


D e cember 14, 2010


Man dies before birth of illegitimate child


Dear PAO, I just want to ask about the case of my aunt. Can an illegiti- mate child claim benefits? The father acknowledged that the child was his but unfortunately, the father died before the child was born. The children of the fa- ther also recognized the child as their sibling. The child has a Down Syndrome. Thank you. Luzvimay


Dear Luzvimay,


The crux of your query is whether the illegitimate child of your aunt can claim benefits on account of the death of his/her alleged father. In order to address your concern, it is imperative for us to discuss sev- eral concepts.


It bears stressing that an illegitimate child has rights under our law. Under Article 176 of the Family Code, an il- legitimate child shall use the surname and shall be under the parental au- thority of their mother and shall be entitled to support in conformity with this code. Furthermore, an illegitimate child has also the right to inherit from his alleged parents and his legitime shall consist of one-half of the legi- time of a legitimate child.


In relation to this, an illegitimate child can exercise his right for sup- port and successional rights against his alleged father if he is recognized as the child of the latter. If the pu- tative father denies paternity, then the child can file an Action for Rec- ognition wherein he will establish his filiation to his alleged father. An illegitimate child may establish his illegitimate filiation in the same way and on the same evidence as legitimate children. (Article 175, Family Code) If the filiation of le- gitimate children is established by any of the following:


(1) The record of birth appear- ing in the civil register or a final judgment; or


(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. The action must be brought by the child during his lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action. (Articles 172, 175 and 173, Family Code) However, if the illegitimate filiation is proved by:


(1) The open and continuous possession of the status of an ille- gitimate child; (2) Any other means allowed by


the Rules of Court and special laws. The action may be brought dur- ing the lifetime of the alleged par- ent. (Articles 172 and 175, Fam- ily Code)


Applying the foregoing to the case


of your aunt’s child, it appears that he was not legally recognized by his/ her alleged father since the latter died even before he was born. The fact that the child was recognized by the other children of the alleged fa- ther is of no moment. What our law requires is that it is the alleged fa- ther who makes an acknowledge- ment of the child as his own. In the absence of the said ac-


knowledgement, the child who is an illegitimate cannot claim succes- sional rights against the alleged fa- ther, consequently, does not have the right to claim for benefits on account of the death of the latter. We hope that we were able to en- lighten you on the matter. Please take note, however, that all the in- formation contained herein are based on our appreciation of the facts you have given and on the as- sumptions we made. A different le- gal opinion may be given if other facts not included in your query will be discussed.


Editor’s note: Dear PAO is a daily col- umn of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao <YOUR QUESTIONS> and send to 2299).


taken captive by Somali pirates over the weekend—remains unknown as there are presently no communication with the ship, the European Union (EU) Naval Force said Monday.


In a statement, the EU said that “there [is] presently no communi- cations with the ship and the con- dition of the crew is not known.” The 24-man Filipino crew at- tempted to evade the pirates for some time causing the pirates to make several determined attacks


Somali pirates seize 24 Filipinos T


“The vessel was hijacked while it


HE fate of some 24 Filipinos aboard MV Renaur—a Panama-flagged, Liberian-owned bulk cargo vessel


before finally boarding the vessel. The MV Renaur, which has a


deadweight of 70,156 tons, is a mer- chant vessel that was en route to Fujairah in the United Arab Emir- ates from Port Louis in Mauritius when they were pirated in the early hours of December 11.


was traversing the Indian Ocean, about 1,050 nautical miles east of the Somali coastal village of Eyl and a distance of 550 nautical miles from the coast of India. The attack was launched from 2 attack skiffs, supported by a mother ship, with pi- rates firing small arms and rocket propelled grenades at the merchant vessel,” the statement said. “Since the attack, the pirates have confirmed that they have control of the ship, which is now heading West towards the Somali Coast,” it added. An unconfirmed report, on the other hand, said that one pirate died on the course of the attack. Vessels have been advised in the past to “ex- ercise extreme caution” when navigat- ing within 100 nautical miles of the Gulf of Aden and the Somali coast. The Gulf of Aden is located in the


Stradcom accuses LTO chief of conspiracy


OFFICIALS of Stradcom Corp. is now pinpointing on ranking offi- cials of the Land Transportation Office (LTO), some members of the Philippine National Police (PNP) and a group of businessmen as al- legedly behind the failed hostile takeover of its operations, which resulted in more than six-hour serv- ice disruption of the LTO last week. “Based on these undeniable facts,” Vince Dizon, the company’s vice presi- dent for corporate affairs during a news conference in Quezon City said, “We are led to conclude that assistant sec- retary Virginia Torres, Ms. Menelia Mortel, executive assistant, and some members of the PNP were involved in an illegal conspiracy with the group of Mr. Aderito Yujuico and Bonifacio Sumbilla to illegally take over the op- erations of Stradcom Corporation.” Stradcom, the information tech- nology provider of the LTO, during the press conference also showed footages of the events that transpired during the takeover on Thursday, wherein Torres and other personali- ties involved in the incident were seen entering the building of the company. LTO operations were paralyzed on


Thursday for more than six hours af- ter a group of businessmen led by Yujuico and Sumbilla backed by mem- bers of the Quezon City Police District station 10 and more than 30 security


personnel from Unilateral Security agency forcibly enter the Stradcom building inside the LTO main office compound in Quezon City. On its investigation, Stradcom claimed that members of Quezon City Police District station 10 and Special Weapons and Tactics Team disarmed the security guards of Stradcom with- out any warrant or court order and brought to Quezon City Police District station 10 headquarters.


After clearing the compound of Stradcom security personnel a new batch of security personnel from Unilateral Security Agency entered the compound and forcibly enter the Stradcom Building where the LTO database is being kept. When the premises was already under the control of the new group Torres, Mortel and Yujuico, Sum- billa and company entered the Stradcom and went directly to tech- nical Operations Division located at the building second floor where the data based is being kept.


Dizon said the incidents were cap- tured and recorded by the Close Cir- cuit Television Cameras installed in the Stradcom building, which will be submitted to Secretary Jose de Jesus of the Department of Transportation and Communications (DOTC). Because of the incident and the evi- dence gathered by Stradcom, the com-


Mancao seeks protection for new Dacer case witness


FORMER Police Officer Cezar Mancao 2nd on Monday asked the Department of Justice to admit a new witness to the gov- ernment’s Witness Protection Program (WPP) in connection with the Dacer-Corbito double murder case. Mancao, who was also an accused in the said case, met with Justice Secretary Leila de Lima and submitted the witness’ sworn affidavit. Lawyer Ferdinand Topacio, Mancao’s legal counsel, said the


witness, whom he refused to name, would testify that he was with Sen. Panfilo “Ping” Lacson inside a vehicle when the lat- ter ordered the killing of Dacer. Topacio said that the new witness was with the now-defunct Presidential Anti-organized Crime Task Force (PAOCTF), which Lacson headed. “He is part of the PAOCTF. We believe he could give us credible testimonies on the case,” Topacio said, referring to the new witness. He said that de Lima would determine if the new witness will be admitted to the WPP. Mancao was the one who implicated Lacson in the murders of publicist Salvador “Bubby” Dacer and his driver Emmanuel Corbito in 2000. Lacson fled on January 5, two days before the Justice department filed charges against him at the Regional Trial Court of Manila.


After a month, the Manila court issued a warrant of arrest against Lacson but authorities have been unable to make the arrest up to now since the senator went into hiding. De Lima has already ordered a special task force to intensify its efforts to arrest Lacson.


She disclosed that she is reviewing Lacson’s case; but so far, she sees no reason for her to exercise her plenary power as Justice chief. De Lima said the prosecution is sticking to the testimony of Mancao linking the senator in the Dacer-Corbito murders. ROMMEL C. LONTAYAO


Makati City strict on ‘no firecracker policy’


THE city government of Makati on Monday said that they would be very strict in implementing the no firecrackers policy in three barangays to avoid possible explosion that could kill civilians in the area. Mayor Jejomar Erwin Binay Jr. made the reminder after receiving


information that some residents have bought firecrackers to be lighted in the eve of New Year’s Day. They are still checking the truthfulness of the information. The City Council cited reports that the petroleum leak, first


reported in July, was not confined to the West Tower building, but has affected surrounding areas as well, particularly the deep wells. They also received reports that petroleum leak already affected


the ground water as residents had pumped the ground water contaminated with oil. The Makati City government had passed an ordinance of declaring Barangays Bangkal, Pio del Pilar, and Magallanes villages as firecracker and pyrotechnics zone free. The ban on the sale, manufacture, storage, possession or use of


firecrackers, pyrotechnic devices and explosive materials could save the lives of people in the area. Instead, they are advised to used horns and bang metal products of pots and pans to create noise as we welcome the New Year.


SAMMY MARTIN


pany instructed its lawyers to file appro- priate charges against Torres, Mortel and some members of the Quezon City Police District as co-conspirators. The company will also asked de Jesus to place Torres and Mortel on preventive suspension while they face serious charges. Torres for her part denied any in-


volvement in the takeover and main- tained that she was there to make sure that the database of the LTO is secured. “I would like to stress that we


have nothing to do with their intra- corporate dispute. I never sided with any particular group with regard to that issue and I have no intention of doing so,” she said. Torres also laughed off at the threat of Quiambao’s group to include her in the charge sheet based on the “footage” that she was seen entering the Stradcom building at the height of the take-over together with some policemen and per- sonalities from their rival group. “I went there in my capacity as LTO chief on instructions of DOTC Under- secretary Aries Batuhan to ensure that the database system is secured so that our operations would not be dis- rupted. If there are other people who joined me when I went inside [the building], I could not have known because I do not know all the people who were surrounding me then” Torres said. JEFFERSON ANTIPORDA


Arabian Sea between Yemen, on the south coast of the Arabian Peninsula and Somalia in the Horn of Africa. The Somalian government, which is formerly under communist rule, is located in the Horn of Africa. Soma- lia has no formal government after civil war broke there in 1991. A coa- lition government is now running the country, but the piracy issues in the country continues to persist. Filipino seafarers compose almost


30 percent of the 1.5 million sea work- ers around the world. The country is also considered to have the biggest manpower when it comes to seafarers. The EU Naval Force operation in Somalia was organized to escort mer- chant vessels carrying humanitarian aid of the World Food Programme and vessels of the African Union Mis- sion in Somalia. Furthermore, it aims to protect vulnerable ships in the Gulf


PRESIDENT Benigno Aquino 3rd on Monday has commended this year’s 10 recipients of The Outstanding Young Men (TOYM) of the Philippines awards during a ceremony in Malacañang. This year’s TOYM Awards was anchored on the theme “Heroes Create Heroes,” inspired by the noble deeds of the late former Sen. Benigno “Ninoy” Aquino Jr., father of President Aquino, who himself was conferred the TOYM Award for Public Service 50 years ago. Ninoy’s heroism and love for


country has inspired countless Filipinos to be heroes as well. This highlights the importance of role models, heroes in serving as inspiration for the younger generation to emulate. Among the TOYM awardees are CNN Hero of the Year for 2009 Efren Peñaflorida Jr. for Grassroots Education and Community Service, The Manila Times columnist Harvey Keh for Public Education and Good Governance, and Rock Ed founder Therese “Gang” Badoy for Alternative


of Aden and Indian Ocean and to deter and disrupt piracy. Meanwhile, the Philippine Em-


bassy in Nairobi reported to the Department of Foreign Affairs (DFA) on Sunday that Liberian- flagged and Greek-owned MV Eleni P was released by the Somali pirates. The vessel carried 23 seafarers, 19 of whom are Filipinos. Along with the Filipino crew are two Romani- ans and one Indian national. The vessel was hijacked on May


12, 50 nautical miles off the coast of Oman on its way to Kandla in India. The DFA Office of the Undersecre- tary for Migrant Workers Affairs is coordinating with the seafarer’s man- ning agency and the vessel owner to arrange for the Filipinos’ repatriation. Currently, there are still some 82 Filipino seafarers onboard six ves- sels held captive by pirates.


Malacañang honors ten ‘Outstanding Young Men’


Education and Youth, Leadership. The other awardees are Rep. Juan Edgardo “Sonny” Angara for his Government Service (Legisla- tive), Paolo Benigno “Bam” Aquino 4th for Social Enterprise and Community Development, Sen. Alan Peter Cayetano for Government and Public Service (Public Accountability and Transparency), Maria Rachelle Gerodias for Arts and Music (Classical), Beatrice “Bea” Valdes for Fashion Design and Entrepre- neurship, Maurice Salvaña for Medicine and Social Activism and Jun Yupitun for Entrepreneurship in Pioneer Industries. The TOYM Awards recognizes outstanding individuals who, not only excel in their profession, but also in making a difference in the lives of the people in their commu- nity or to the country, as a whole. The awards also aim to inspire


many more young people, between the ages of 18 to 40, to become heroes for the Filipino youth. DUNHILL JESTER DE RAMOS


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