Chapter 1: The Family Code of the Philippines

Lesson 7: Paternity and Filiation

Source: TEXT - CHAN ROBLES VIRTUAL LAW LIBRARY. Retrieved on July 2,
2020 at
http://www.chanrobles.com/executiveorderno209.htm#.VGBEVzSUemQ

Lesson Contents:

Lesson 7 will comprise the following topics:

 Legitimate and illegitimate children distinguished
 Proof of child’s filiation
 Rights of legitimate children
 Filiation of illegitimate children

Lesson Objectives:
1. Distinguish between legitimate and illegitimate children.
2. Discuss proof of child’s filiation.
3. Identify the rights of legitimate, illegitimate and legitimated child.
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What is the distinction between legitimate and illegitimate children?

The filiation of children may be by nature or by adoption. Natural

filiation may be legitimate or illegitimate.

Children conceived or born during the marriage of the parents are

legitimate. Children conceived as a result of artificial insemination of the
wife with the sperm of the husband or that of a donor or both are likewise
legitimate children of the husband and his wife, provided, that both of them
authorized or ratified such insemination in a written instrument executed
and signed by them before the birth of the child. The instrument shall be
recorded in the civil registry together with the birth certificate of the child.

Children conceived and born outside a valid marriage are

illegitimate, unless otherwise provided in the Family Code.

Legitimacy of a child may be impugned only on the following

grounds:
(1) That it was physically impossible for the husband to have sexual
intercourse with his wife within the first 120 days of the 300 days which
immediately preceded the birth of the child because of:

(a) the physical incapacity of the husband to have sexual

intercourse with his wife;

(b) the fact that the husband and wife were living separately
in such a way that sexual intercourse was not possible; or

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(c) serious illness of the husband, which absolutely

prevented sexual intercourse;

(2) That it is proved that for biological or other scientific reasons,

the child could not have been that of the husband, except in the
instance provided in the second paragraph of Article 164 of the
Family Code; or

(3) That in case of children conceived through artificial

insemination, the written authorization or ratification of either parent
was obtained through mistake, fraud, violence, intimidation, or
undue influence.

The child shall be considered legitimate although the mother

may have declared against its legitimacy or may have been
sentenced as an adulteress.

If the marriage is terminated and the mother contracted

another marriage within three hundred days after such termination
of the former marriage, these rules shall govern in the absence of
proof to the contrary:

(1) A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered to have
been conceived during the former marriage, provided it be born
within three hundred days after the termination of the former
marriage;

(2) A child born after one hundred eighty days following the
celebration of the subsequent marriage is considered to have been
conceived during such marriage, even though it be born within the
three hundred days after the termination of the former marriage.
(259a)

The legitimacy or illegitimacy of a child born after three

hundred days following the termination of the marriage shall be
proved by whoever alleges such legitimacy or illegitimacy.

What is the prescription period to challenge the legitimacy of a child?

The action to impugn the legitimacy of the child shall be

brought within one year from the knowledge of the birth or its
recording in the civil register, if the husband or, in a proper case,

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any of his heirs, should reside in the city or municipality where the
birth took place or was recorded. If the husband or, in his default,
all of his heirs do not reside at the place of birth as defined in the
first paragraph or where it was recorded, the period shall be two
years if they should reside in the Philippines; and three years if
abroad. If the birth of the child has been concealed from or was
unknown to the husband or his heirs, the period shall be counted
from the discovery or knowledge of the birth of the child or of the
fact of registration of said birth, whichever is earlier.

The heirs of the husband may impugn the filiation of the child
within the period prescribed in the preceding article only in the
following cases:
(1) If the husband should died before the expiration of the
period fixed for bringing his action;

(2) If he should die after the filing of the complaint without

having desisted therefrom; or

(3) If the child was born after the death of the husband.

How is the proof of child’s filiation established?

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.
The action to claim legitimacy may be brought by the child
during his or her lifetime and shall be transmitted to the heirs
should the child die during minority or in a state of insanity. In these

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cases, the heirs shall have a period of five years within which to
institute the action.

What are the rights of legitimate children?

Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in

conformity with the provisions of the Civil Code on Surnames;

(2) To receive support from their parents, their ascendants,

and in proper cases, their brothers and sisters, in conformity with
the provisions of this Code on Support; and

(3) To be entitled to the legitimate and other successional

rights granted to them by the Civil Code.

How will illegitimate children establish their filiation?

Illegitimate children may establish their illegitimate filiation in

the same way and on the same evidence as legitimate children.
The action must be brought within the same period specified in
Article 173, except when the action is based on the second
paragraph of Article 172 of the Family Code, in which case the
action may be brought during the lifetime of the alleged parent.

Illegitimate children shall use the surname and shall be

under the parental authority of their mother, and shall be entitled to
support in conformity with this Code. The legitime of each
illegitimate child shall consist of one-half of the legitime of a
legitimate child. Except for this modification, all other provisions in
the Civil Code governing successional rights shall remain in force.

How is a child born out of wedlock legitimated and what are his rights?

Only children conceived and born outside of wedlock of

parents who, at the time of the conception of the former, were not
disqualified by any impediment to marry each other may be
legitimated.

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Legitimation shall take place by a subsequent valid marriage

between parents. The annulment of a voidable marriage shall not
affect the legitimation.

Legitimated children shall enjoy the same rights as legitimate

children.

The effects of legitimation shall retroact to the time of the

child's birth. The legitimation of children who died before the
celebration of the marriage shall benefit their descendants.

Legitimation may be impugned only by those who are

prejudiced in their rights, within five years from the time their cause
of action accrues.

Evaluation

1. Marilyn was born without a recognized father. Her mother, Jocelyn, got herself
pregnant when she was only 17 years old by her boyfriend Mario who was at that time
two years older than her. When Mario learned that Jocelyn was already pregnant he
immediately fled to Manila and didn’t return to their place until Marilyn was already five
years old. With a twist of luck, Mario is now an engineer and a building contractor and
wanted to marry Jocelyn. Aside from marrying Jocelyn, he also wanted to change the
surname of his daughter Marilyn to his. Given the situation, please answer the following
questions:
a. How would you classify the status of Marilyn prior to the proposed marriage of
her parents: legitimate, illegitimate, legitimated? Cite supporting legal provision.
b. If suppose Jocelyn do not want to marry Mario for one reason or another, and
Marilyn, upon reaching the age of 16 years old wanted to adopt the surname of her
father, what will Marilyn do? What will Mario do to prove his paternity?
c. If suppose Marilyn is already 19 years old and still wanted to change her
surname to that of her father even if her mother doesn’t like it. Is it legally possible?

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