PATERNITY AND FILIATION

parental authority by authority of the mother.

Distinction between paternity and filiation the mother and father.
➔ Paternity is the civil status relationship of the
father to the child, whereas filiation is the Preferential right to No such preference
judicial determination of the civil relationship support over mother if
of the child to the father or mother. father has no sufficient
means to meet both
claims.
Who are considered legitimate children? (Art. 164)
➔ General rule: Children conceived or born Entitled to inheritance. Entitled to ½ of
during the marriage of the parents. legitimate children’s
➔ Exceptions: (AVASA-DEADW) inheritance.
◆ Children conceived as a result of
Beneficiary right under Not primary
artificial insemination of the wife the SSS and GSIS. beneficiaries.
with the sperm of the husband or that
of a donor or both. Father is entitled to No such benefit
◆ Children born of a voidable paternity leave.
marriage before the decree of
annulment. Who are considered legitimate children? (Art. 166)
◆ Children conceived or born before (1) That it was physically impossible for the
judgment of annulment under Article husband to have sexual intercourse with his
36 has become final and executory. wife within the first 120 days of the 300 days
◆ Children conceived or born of which immediately preceded the birth of the
subsequent marriage under Article child because of:
53. (a) the physical incapacity of the
◆ Children born of mothers who may husband to have sexual intercourse
have declared against its legitimacy with his wife;
or were sentenced as an adultress. (b) the fact that the husband and wife
◆ Children legally adopted. were living separately in such a way
◆ Children conceived and born outside that sexual intercourse was not
of wedlock of parents without possible; or
impediment at the time of conception (c) serious illness of the husband, which
and had subsequently married. absolutely prevented sexual
intercourse;
What are the requisites for children conceived as (2) That it is proved that for biological or other
a result of artificial insemination to be considered scientific reasons, the child could not have
legitimate children? (Art. 164) been that of the husband, except in the
➔ Both the husband and wife authorized or instance provided in the second paragraph
ratified such insemination in a written of Article 164; or
instrument executed and signed by them (3) That in case of children conceived through
before the birth of the child. artificial insemination, the written
➔ The instrument shall be recorded in the civil authorization or ratification of either parent
registry together with the birth certificate of was obtained through mistake, fraud,
the child. violence, intimidation, or undue influence.

Who are considered legitimate children? (Art. 165) Examples of impossibility of access by husband to
➔ General Rule: Children conceived and born wife:
outside a valid marriage are illegitimate. ● Absence during the initial period of
➔ Exceptions: conception
➔ ● Impotence which is patent, continuing, and
incurable
Distinctions Between Legitimate and Illegitimate ● Imprisonment, unless it can be shown that
Children cohabitation took place through corrupt
Legitimate Children Illegitimate Children violation of prison regulations.

Right to bear the Right to bear the

Impotency Sterility
surname of the father. surname of father. (RA
9255)
The physical inability to The failure to have a
copulate and/or to child.
Joint exercise of Under the sole parental
 1. If the husband should die before the
have an erection.
expiration of the period fixed for bringing his
action;
Art. 168. If the marriage is terminated and the 2. If he should die after the filing of the
mother contracted another marriage within 300 complaint without having desisted
after such termination of the former marriage, these therefrom; or
rules shall govern in the absence of proof to the 3. If the child was born after the death of the
contrary: husband.
(1) A child born before 180 days after the
solemnization of the subsequent marriage is How is filiation established? (Art. 171)
considered to have been conceived during 1. The record of birth appearing in the civil
the former marriage, provided it be born register or a final judgment; or
within 300 days after the termination of the 2. An admission of legitimate filiation in a
former marriage; public document or a private handwritten
instrument and signed by the parent
(2) A child born after 180 days following the concerned.
celebration of the subsequent marriage is In the absence of the foregoing evidence, the
considered to have been conceived during legitimate filiation shall be proved by:
such marriage, even though it be born 1. The open and continuous possession of the
within the three hundred days after the status of a legitimate child; or
termination of the former marriage. 2. Any other means allowed by the Rules of
Court and special laws.
Less than 180 days Child of former marriage,
after subsequent provided it be born in 300 Other means allowed by the court: (Rules of
marriage days after the termination. Court)
● An act or declaration concerning pedigree.
180 days following Child of subsequent
● Family reputation or tradition concerning
celebration marriage even if not born in
300 days. pedigree.
● Common reputation respecting pedigree.
● Judicial admission.
Art. 169. The legitimacy or illegitimacy of a child
● Admissions of a party.
born after three hundred days following the
● Admission by silence.
termination of the marriage shall be proved by
whoever alleges such legitimacy or illegitimacy.
When can action to CLAIM legitimacy be
brought? (Art. 173)
When should an action to IMPUGN the legitimacy
➔ General rule: The action to claim legitimacy
of the child be brought? (Art. 170)
may be brought by the child during his or her
➔ The action to impugn the legitimacy of the
lifetime.
child shall be brought within 1 year from the
➔ Exceptions:
knowledge of the birth or its recording in the ◆ It shall be transmitted to the heirs
civil register, if the husband or, in a proper should the child die during minority
case, any of his heirs, should reside in the or in a state of insanity.
city or municipality where the birth took ◆ In these cases, the heirs shall have a
place or was recorded. period of five years within which to
➔ If the husband or, in his default, all of his institute the action.
heirs do not reside at the place of birth as
defined in the first paragraph or where it was How may illegitimate children establish their
recorded, the period shall be 2 years if they filiation? (Art. 175)
should reside in the Philippines; and three ➔ General rule: Illegitimate children may
years if abroad. establish their illegitimate filiation in the
➔ If the birth of the child has been concealed same way and on the same evidence as
from or was unknown to the husband or his legitimate children. The action must be
heirs, the period shall be counted from the brought within the same period specified in
discovery or knowledge of the birth of the Article 173.
child or of the fact of registration of said ➔ Exception: Except when the action is based
birth, whichever is earlier. on the second paragraph of Article 172, in
which case the action may be brought during
When may heirs impugn the filiation of the child? the lifetime of the alleged parent.
(Art. 170)
Art. 176. 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.

Who may be legitimated? (Art. 177)

➔ 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.

What is the process of legitimation? (Art. 178)

➔ Legitimation shall take place by a
subsequent valid marriage between parents.
➔ The annulment of a voidable marriage shall
not affect the legitimation.

What are the rights of legitimated children? (Art.

179)
➔ Legitimated children shall enjoy the same
rights as legitimate children.

What are the effects of legitimation? (Art. 180)

➔ The effects of legitimation shall retroact to
the time of the child’s birth.

Art. 181. The legitimation of children who died

before the celebration of the marriage shall benefit
their descendants.

Art. 182. Legitimation may be impugned only by

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