An order for x x x support may create an unwholesome situation or may be an irritant to the family or the lives of the parties so that it must be issued only if paternity or filiation is established by clear and convincing evidence.”[

“An order for x x x support x x x must be issued only if paternity or filiation is established by clear and convincing evidence.”^{[1]
x x x}

 Respondents’ Complaint for support is based on Randy’s alleged illegitimate filiation to Antonio.  Hence, for Randy to be entitled for support, his filiation must be established with sufficient certainty.  A review of the Decision of the RTC would show that it is bereft of any discussion regarding Randy’s filiation.  Although the appellate court, for its part, cited the applicable provision on illegitimate filiation, it merely declared the certified true copies of Randy’s birth certificate and baptismal certificate both identifying Antonio as the father as good proofs of his filiation with Randy and nothing more.  This is despite the fact that the said documents do not bear Antonio’s signature.  “Time and again, this Court has ruled that a high standard of proof is required to establish paternity and filiation.  An order for x x x support may create an unwholesome situation or may be an irritant to the family or the lives of the parties so that it must be issued only if paternity or filiation is established by clear and convincing evidence.”^[59]

Respondents failed to establish Randy’s
illegitimate filiation to Antonio. 

The rules for establishing filiation are found in Articles 172 and 175 of the Family Code which provide as follows:

Article 172.  The filiation of legitimate children is established by any of the following:

(1)  The record of birth appearing 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.

In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

(1) The open and continuous possession of the status of a legitimate child; or

(2)  Any other means allowed by the Rules of Court and special laws.

x x x x

Article 175.  Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

ANTONIO PERLA, PETITIONER, VS. MIRASOL BARING AND RANDY PERLA, RESPONDENTS.