Pangilinan v. PalisocAnnotate this Case
Pangilinan separated from her husband, who lives in the Philippines, in 2006 when she moved to the U.S. She began a relationship with Palisoc in February 2008. H. was born in November 2008. Pangilinan’s husband’s name was listed on H.’s birth certificate and on baptism invitations as H.’s father. Palisoc had a relationship with H. until the end of Palisoc’s relationship with Pangilinan in July 2011, but never publicly acknowledged that H. was his son. In August 2011, Pangilinan sought a declaration that Palisoc was H.’s father and sought child support. The court found that Family Code section 7540’s conclusive presumption did not apply because Pangilinan and her husband were not cohabiting when H. was conceived or born, but refused to order genetic testing. Reasoning that Pangilinan’s action was an action to establish the nonexistence of a parent-child relationship between her husband and H. under former section 7630, subdivision (a)(2), the court concluded that her action was untimely and declared her husband the father. The appeals court reversed, finding that the trial court prejudicially erred in finding Pangilinan’s petition to be untimely and in failing to entertain her request for genetic testing.