PATERNITY AND FILIATION

PATERNITY MATERNITY FILIATION

IS THE CIVIL IS THE CIVIL IS THE CIVIL
STATUS STATUS STATUS
RELATIONSHIP OF RELATIONSHIP OF RELATIONSHIP OF
THE FATHER TO THE MOTHER THE CHILD TO
THE CHILD TO THE CHILD THE MOTHER OR
FATHER
Paternity, Maternity and filiation then implies relationship.
 FILIATION
“It is settled, then, in law and jurisprudence, that the status and filiation
of a child cannot be compromised. Public policy demands that there be
no compromise on the status and filiation of a child. Paternity and
filiation or the lack of the same, is a relationship that must be judicially
established, and it is for the Court to declare its existence or absence. It
cannot be left to the will or agreement of the parties.”
(Surposa Uy v Ngo Chua, G.R. No. 183965, September 18, 2009)
(De Asis v Court of Appeals, G.R. No. 127578, February 15, 1999)
(Rivero vs Court of Appeals, G.R. No. 141273, May 17, 2005)
Art. 163. The filiation of children may be by nature or by adoption.
Natural filiation may be legitimate or illegitimate.

Legitimate
i) Legitimate proper
[Article 164]
By nature ii) Legitimated [Article 167-172]
iii) Those conceived through
Classification By adoption artificial insemination.

Of Filiation RA 9552 [domestic

Adoption Act] Illegitimate
RA 8043 [Inter-country [Articles 165, 175, 176]
Adoption Act]
FILIATION:LEGITIMATE CHILDREN

– General Rule: Children conceived and born within a valid marriage

are legitimate
a. Children conceived or born during the marriage of the parents are
legitimate.
b. Children of parents, qualified to marry each other, legitimated by
subsequent marriage.
c. 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 these requisites concur-
TWO TYPES OF
ILLEGITIMATE CHILDREN:
General Rule: Children conceived and born outside
a valid marriage are illegitimate
1.Children of parents disqualified to marry each
other at conception and marriage.
2. Children of parents qualified to marry each other-
only this kind can be legitimated by subsequent
marriage.
 *Use Mother’s Surname

*Under the Sole

Parental Authority of
Mother

*No Such Preference

illegitimate

*Entitled to 1/2 of
Legitimate Child’s
Inheritance

*Not Primary Beneficiaries

*No Such Benefit

“Additionally, appellant claims that he enjoyed and possessed the status of
being a legitimate child of the spouses openly and continuously until they
died (Rollo, p. 42; Appellants' Brief). Open and continuous possession of the
status of a legitimate child is meant the enjoyment by the child of the
position and privileges usually attached to the status of a legitimate child
such as bearing the paternal surname, treatment by the parents and family
of the child as legitimate, constant attendance to the child's support and
education, and giving the child the reputation of being a child of his parents
(Sempio-Diy, The Family Code of the Philippines, pp. 245-246). However, it
must be noted that, as was held in Quismundo vs. WCC, 132 SCRA 590,
possession of status of a child does not in itself constitute an
acknowledgment; it is only a ground for a child to compel recognition by his
assumed parent.”

(Fernandez v Fernandez, G.R. No. 143256, August 28, 2001)

The respondent court ruled on the filiation of petitioner
Rodolfo Fernandez in order to determine Rodolfo's right to
the deed of extra-judicial partition as the alleged legitimate
heir of the spouses Fernandez. While we are aware that
one's legitimacy can be questioned only in a direct action
seasonably filed by the proper party, this doctrine has no
application in the instant case considering that
respondents' claim was that petitioner Rodolfo was not
born to the deceased spouses Jose and Generosa
Fernandez; we do not have a situation wherein they
(respondents) deny that Rodolfo was a child of their uncle's
wife.
(Fernandez v Fernandez, G.R. No. 143256, August 28, 2001)
LEGITIMATE CHILDREN
Who are considered as legitimate children
➢ Children conceived or born during the marriage of the parents are
legitimate (Art. 164 FC);
➢ Children conceived or born before the decree of annulment on the
ground of psychological incapacity are legitimate (Art. 54 FC);
➢ Children conceived or born before the termination of a valid
bigamous marriage are legitimate (Art 43. FC); and
➢ Children conceived as a result of artificial insemination.
 Presumption of legitimacy
Aguilar vs. Siasat (G.R. No. 200169)

Petitioner Aguilar was not able to provide his Certificate of Live Birth.
However, was able to provide other pertinent documents. The Court
took weight on his father’s SSS Form E-1 to satisfy the requirement of
proof of filiation. The said document shows “an admission of legitimate
filiation in a public document or a private handwritten instrument and
signed by the parent concerned.” [Art 172 (2) FC]
 Children of Artificial Insemination
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 these requisites concur:
➢ Authorization (before) or ratification (after) of the insemination by
both husband and wife;
➢ The authorization or ratification must be in writing;
➢ The document must be executed and signed by both the husband
and wife before the child’s birth; and
➢ The document must be recorded in the civil registry together with
the birth certificate of the child.
 Grounds Arts. 166-169, FC

(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
(c) serious illness of the husband, which absolutely prevented
sexual intercourse (e.g. husband in a state of coma or is paralyzed)
 Grounds Arts. 166-169, FC

(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; 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.
 Grounds Arts. 166-169, FC

- Concepcion v. Court of Appeals, G.R. No. 123450, August 31, 2005

- Angeles v. Maglaya, G.R. No. 153798, September 2, 2005
- Jao v. Court of Appeals, G.R. No. L-49162, July 28, 1987
- Babiera v. Catotal, G.R. No. 138493, June 15, 2000
Action to Impugn Legitimacy: Who may file?
A.) GENERAL RULE: Only the husband may impugn.
EXCEPTION: 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 die 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.
(Art 171, FC)
Action to Impugn Legitimacy: Who may file?

- Liyao, Jr. v. Tanhoti-Liyao, G.R. No. 138961,

March 7, 2002

- De Jesus v. Estate of Dizon, G.R. No. 142877,

October 2, 2001
Action to Impugn Legitimacy: Prescriptive Period
– 1 year from the knowledge of the birth or its recording in the civil
register - if the husband or, in a proper case, any of his heirs,
should reside in the city or municipality where the birth took place
or was recorded.
– 2 years - 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 but they reside in the Philippines.
– 3 years – if they are residing abroad.
Action to Impugn Legitimacy: Proof of legitimacy

GENERAL RULE: The filiation of legitimate children is established by

any of the following:
a.) record of birth appearing in the civil register or a final judgment

b.) admission of legitimate filiation in a public document or a private

handwritten instrument and signed by the parent concerned
Action to Impugn Legitimacy: Proof of legitimacy

− Geronimo v. Santos, G.R. No. 197099, September 28, 2015

− Heirs of Roldan v. Heirs of Roldan, G.R. No. 202578,

September 27, 2017
EXCEPTIONS:
In the absence of the foregoing evidence, the legitimate
filiation shall be proved by:

a.) The open and continuous possession of the status of a

legitimate child Under this, for an action to establish
illegitimate filiation, a high standard proof is required.

b.) Any other means allowed by the Rules of Court and

special laws
EXCEPTIONS:
“Continuous” does not mean that the possession of status
shall continue forever but only that it shall not be of an
intermittent character while it continues. The possession of
such status means that the father has treated the child as
his own, directly and though others, spontaneously and
without concealment through without publicity since the
relation is illegitimate. There must be a showing of
permanent intention of the supposed father to consider the
child as his own, by continuous and clear manifestation of
paternal affection and care.
(Mendoza vs CA, G.R No. 86302)
EXCEPTIONS:
Rules of Court:
a. An act of declaration concerning pedigree
(Sec. 33, Rules of Court 130)
b. Family reputation or tradition concerning pedigree
(Sec. 34, Rules of Court 130)
c. Common reputation respecting pedigree
(Sec. 35, Rules of Court 130)
d. Judicial admission
(Sec. 2, Rules of Court 129)
e. Admissions of a party.
(Sec. 22, Rules of Court 130)
f. Admission by silence.
(Sec. 23, Rules of Court 130)
 Who may file and when to file
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 cases, the heirs shall have a period of five years within which
to institute the action. (Art. 173, FC)
The action already commenced by the child shall survive
notwithstanding the death of either or both of the parties.
 Rights of Legitimate Children
❖ To bear the surnames of the father and the mother, in conformity
with the provisions of the Civil Code on Surnames

❖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

❖To be entitled to the legitimate and other successional rights

granted to them by the Civil Code.
ILLEGITIMATE CHILDREN
KINDS OF RECOGNITION:
VOLUNTARY RECOGNITION
HOW: WHO:
due recognition by the putative father

WHAT:
•in the record of birth
EFFECT:
•valid will considered as a
•public instrument; consummated act of
•or private handwritten acknowledgment.
instrument

It is no longer required to have compulsory

recognition.
-Failure to present sufficient proof of voluntary recognition
EVIDENCE:
a) copy of birth certificate (purportedly identifying the putative father )
“not competent evidence of paternity when there is no showing that
the putative father had a hand in the preparation of said certificate.
The local civil registrar has no authority to record the paternity of
an illegitimate child on the information of a third person.”
b) baptismal certificate
evidence of the administration of the sacrament on the date
specified

veracity of the entries with respect to the child’s paternity”

c) Florencia’s testimony
that petitionerrented a house for her in Singcang, Bacolod City
during her pregnancy- SELF-SERVING

[Cabatinia vs Court of Appeals, G.R. No. 124814. October 21, 2004]

-Sufficient proof of voluntary recognition

EVIDENCE: duly authenticated birth certificate

“Vicente himself signed Maria Theresa’s birth certificate thereby

acknowledging that she is his daughter.is act alone, Vicente is deemed to
have acknowledged his paternity over Maria Theresa.”

“The due recognition of an illegitimate child in a record of birth, a will, a

statement before a court of record, or in any authentic writing is, in itself, a
consummated act of acknowledgement of the child, and no further court
action is required. In fact, any authentic writing is treated not just a
ground for compulsory recognition; it is in itself a voluntary recognition
that does not require a separate action for judicial approval.”

(Eceta vs Eceta, G.R. No. 157037. May 20, 2004)

KINDS OF RECOGNITION:
COMPULSORY RECOGNITION
(rape, seduction, or abduction)
 Article 345 of the Revised Penal Code

(a)indemnify the offended woman;

(b)acknowledge the offspring, unless the law should

prevent him from so doing;
exception: if the offender is a married man

(c) in every case, to support the offspring.

 “On the matter of acknowledgment and support of the child, a
correction of the view of the court a quo is in order. Article 345 of The
Revised Penal Code provides that persons guilty of rape shall also be
sentenced to "acknowledge the offspring, unless the law should
prevent him from doing so," and "in every case to support the
offspring." In the case before us, compulsory acknowledgment of
the child Melanie Tibigar is not proper there being a legal
impediment in doing so as it appears that the accused is a married
man. As pronounced by this Court in People v. Guerrero, “the rule is
that if the rapist is a married man, he cannot be compelled to
recognize the offspring of the crime, should there be any, as his child,
whether legitimate or illegitimate.””

(People vs Manahan, G.R. No. 128157. September 29, 1999)

ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY

Article 175 of the Family Code in relation to Article 172

Illegitimate children may establish their

illegitimate filiation in the same way and on the
same evidence as legitimate children.
ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY (Art.172 (1))

The record of birth appearing in the civil

register or final judgment.

Even if the putative father, did not sign he birth certificate as the
father but as an informant, for as long as he actively participated
in the execution of the certificate, such can be used as an
evidence of filiation.
ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY(Art.172 (2))
An admission of legitimate filiation in a public
document or a private handwritten instrument and signed
by the parent concerned.

There must be an EXPRESS recognition.

Admission during pre-trial that the child is his illegitimate child is a

judicial admission, thus admissible, provided it was done before a
court of record.
(NEPOMUCENO V. LOPEZ, G.R. NO. 181258, MARCH 18, 2010)
ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY

Incriminating acts are acceptable as evidence to establish filiation:

1. Voluntary recognition by a parent shall be made in the record of birth, a
will, a statement before a court of record, or in any authentic writing.
2. A notarial agreement to support a child whose filiation is admitted by the
putative father.
3. Letters to the mother vowing to be a good father to the child and pictures
of the putative father cuddling the child on various occasions, together
with the certificate of live birth, proved filiation.
(NEPOMUCENO V. LOPEZ, G.R. NO. 181258, MARCH 18, 2010)
ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY

Manila, Aug. 7, 1999

I, Ben-Hur C. Nepomuceno, hereby undertake to give and provide financial
support in the amount of P1,500.00 every fifteen and thirtieth day of each
month for a total of P3,000.00 a month starting Aug. 15, 1999, to Ahrbencel
Ann Lopez, presently in the custody of her mother Araceli Lopez without the
necessity of demand, subject to adjustment later depending on the needs of
the child and my income.
(NEPOMUCENO V. LOPEZ, G.R. NO. 181258, MARCH 18, 2010)
ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY

CANNOT BE TAKEN AS AUTHENTIC WRITNG

• A student permanent record

• A written consent to a father's operation
• A marriage contract where the putative father gave consent
• Standing alone, neither a certificate of baptism nor family pictures
are sufficient to establish filiation
(NEPOMUCENO V. LOPEZ, G.R. NO. 181258, MARCH 18, 2010)
ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY (Art 172)

Article 172 FC
…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;
ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY (Art 172)

“To prove open and continuous possession of the status of an

illegitimate child, there must be evidence of the manifestation of the
permanent intention of the supposed father to consider the
child as his, by continuous and clear manifestations of
parental affection and care, which cannot be attributed to
pure charity. Such acts must be of such a nature that they reveal
not only the conviction of paternity, but also the apparent desire to
have and treat the child as such in all relations in society and in
life, not accidentally, but continuously.“
PERLA V. BARING, G.R. NO. 172471, NOVEMBER 12, 2012
ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY

OPEN AND CONTINUOUS POSSESSION OF THE STATUS OF A

LEGITIMATE CHILD
“xxxx meant the enjoyment by the child of the position and privileges usually
attached to the status of a legitimate child
❑ bearing the paternal surname
❑ treatment by the parents and family of the child as legitimate
❑ constant attendance to the child's support and education
❑ giving the child the reputation of being a child of his parents
(Fernandez v Fernandez, G.R. No. 143256, August 28, 2001)
ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY

“During his lifetime, Juan M. Alberto acted in such a manner as to

evince his intent to recognize Ma. Theresa Alberto, herein
oppositor, as his flesh and blood, first, by allowing her from
birth to use his family name; second, by giving her and her
mother sums of money by way of support and lastly, by
openly introducing her to members of his family, relatives
and friends as his daughter. Supplementing such
unmistakable acts of recognition were those of his kin and
gangmates manifesting open acceptance of such relationship.
Taken altogether, the claimed filiation would be hard to disprove.”
(ALBERTO V. CA, G.R. NO. 86639, JUNE 2, 1994)
ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY

(2) Any other means allowed by the Rules of Court and special laws.
❑ Baptismal Certificate
❑ Judicial Admission
❑ Family Bible in which the child’s name has been entered
❑ Common reputation respecting the child’s pedigree
❑ Admission by silence, the testimony of witnesses
❑ Other kinds of admission under Rule 130 of the Rules of Court
(Cruz v. Cristobal, G.R. No. 140422, August 7, 2006)
ILLEGITIMATE CHILDREN:
PROOF OF ILLEGITIMACY

“A high standard of proof is required to establish paternity and filiation.”

"a certificate of live birth purportedly identifying the putative father is not
competent evidence of paternity when there is no showing that the putative
father had a hand in the preparation of said certificate.“
And "while a baptismal certificate may be considered a public document, it
can only serve as evidence of the administration of the sacrament on the
date specified but not the veracity of the entries with respect to the child’s
paternity. Thus, baptismal certificates are per se inadmissible in evidence
as proof of filiation and they cannot be admitted indirectly as
circumstantial evidence to prove the same."
(PERLA V. BARING, G.R. NO. 172471, NOVEMBER 12, 2012)
 DNA Tests:
Probative Value in Paternity Cases
Rules on DNA Evidence
Supreme Court A.M. No. 06-11-05-SC (October 15, 2007)

“The Rule on DNA Evidence was enacted to guide the Bench and the Bar for
the introduction and use of DNA evidence in the judicial system. It provides
the prescribed parameters on the requisite elements for reliability and validity
(i.e., the proper procedures, protocols, necessary laboratory reports, etc.), the
possible sources of error, the available objections to the admission of DNA
test results as evidence as well as the probative value of DNA evidence. It
seeks to ensure that the evidence gathered, using various methods of DNA
analysis, is utilized effectively and properly, [and] shall not be misused and/or
abused and, more importantly, shall continue to ensure that DNA analysis
serves justice and protects, rather than prejudice the public.”
(Lucas v Lucas, G.R. No. 190710, June 6, 2011)
– Sec.4. Application for DNA Testing Order. - The appropriate court may, at any
time, either motu proprio or on application of any person who has a legal
interest in the matter in litigation, order a DNA testing.

“xxx it should be stressed that the issuance of a DNA testing order remains
discretionary upon the court. The court may, for example, consider whether there is
absolute necessity for the DNA testing. If there is already preponderance of evidence to
establish paternity and the DNA test result would only be corroborative, the court may,
in its discretion, disallow a DNA testing.”

“At the risk of being repetitious, the Court would like to stress that it sees the danger of
allowing an absolute DNA testing to a compulsory recognition test even if the
plaintiff/petitioner failed to establish prima facie proof. x x x If at anytime, motu
proprio and without pre-conditions, the court can indeed order the taking of DNA test in
compulsory recognition cases, then the prominent and well-to-do members of our
society will be easy prey for opportunists and extortionists.”
– Lucas v Lucas
Definition of Terms

– “Biological sample” means any organic material

originating from a person’s body, even if found in
inanimate objects, that is susceptible to DNA testing.
This includes blood, saliva and other body fluids,
tissues, hairs and bones
– “DNA evidence” constitutes the totality of the DNA
profiles, results and other genetic information
directly generated from DNA testing of biological
samples;
– “Probability of Paternity (W)” means the numerical estimate for
the likelihood of parentage of a putative parent compared with the
probability of a random match of two unrelated individuals in a
given population.

W= 99.9% or higher, there is a presumption of paternity

= less than 99.9%, there is a rebuttable proof of paternity

(Herrera v Alba, 460 SCRA 197)

Effect of death of the putative father
during the pendency of the case
(Estate of Ong v Diaz)
– A Notice of Substitution was filed by said counsel praying that
Rogelio be substituted in the case by the Estate of Rogelio
Ong, which motion was accordingly granted by the Court of
Appeals.
– “ xxx it can be said that the death of the petitioner does not ipso
facto negate the application of DNA testing for as long as there
exist appropriate biological samples of his DNA.”
 Right against Self- Incrimination
and Privacy as a defense
– XXX This privilege applies only to evidence that
is communicative in essence taken under duress (People vs.
Olvis, 154 SCRA 513, 1987). The Supreme Court has ruled that
the right against self-incrimination is just a prohibition on the
use of physical or moral compulsion to extort communication
(testimonial evidence) from a defendant, not an exclusion of
evidence taken from his body when it may be material. Xxx –
(Herrera v. Alba)
– There is also no violation of privacy because the right to
establish paternity and filiation is superior over the right to
privacy.
Probative value of DNA evidence

“In assessing the probative value of DNA evidence, therefore, courts

should consider, among other things, the following data: how the samples
were collected, how they were handled, the possibility of contamination of
the samples, the procedure followed in analyzing the samples, whether the
proper standards and procedures were followed in conducting the tests,
and the qualification of the analyst who conducted the tests. – Vallejo
Test”
(People v Vallejo, G.R. No. 144656, May 9, 2002)
DNA FINGERPRINTING
Illegitimate Children: Article 175 Family Code

– Who may file an action for compulsory recognition?

-by the guardian of a child who is a minor, or is
incapacitated or insane, during the child’s lifetime;
-by the child, upon reaching the age of majority;
-by the child’s heirs if the child dies during minority or
insanity, within five years from the death.
– When to file an action for compulsory recognition?
➢ During his or her lifetime even after the death of the parents
Under the Family Code, when filiation of an illegitimate
child is established by a record of birth appearing in the
civil register or a final judgment, or an admission of
filiation in a public document or a private handwritten
instrument signed by the parent concerned, the action
for recognition may be brought by the child during his
or her lifetime.
(Guy v. CA, GR No. 163707)
➢During the lifetime of the alleged parents

“When the action is based upon open and continuous possession

of the status of an illegitimate child, or any other means allowed
by the rules or special laws, it may only be brought during the
lifetime of the alleged parent.”
(Guy v. CA, GR No. 163707)
Successional rights may be established
❑ by a judicial action to compel recognition
❑ by proof that she had been voluntarily acknowledged and recognized
as an illegitimate child

“There is, as yet, no way to determine if her petition is actually one to

compel recognition which had already been foreclosed by the death of
her father, or whether indeed she has a material and direct interest to
maintain the suit by reason of the decedents voluntary acknowledgment
or recognition of her illegitimate filiation.”
(Tayag v Tayag-Gallor)
1. If the illegitimate children have not been recognized by their
biological father, they can file a petition for compulsory
recognition and financial support. They can ask the court to
compel the father to undergo DNA testing.

2. If the father has recognized the illegitimate children by signing

the birth certificate or through a written document, they can file
a petition for Protection Order for support under Section 8,
paragraph (g) of RA 9262. (If the father claims that his signature
or the document was forged, they can ask the court to compel
him to undergo DNA testing.)
 Bibiana at 45
years old sued
for compulsory Bibiana died
Gregoria Romano + recognition while before she could Eutiquio died
Eutiquio Marquino= Father Eutiquio finish presenting while the case
Illegitimate Child was still alive her evidence was pending
Bibiana appeal

Dec. 2, 1926 Jan. 10, 1971 March 17, 1979 Aug. 20, 1983

(Marquino v. Intermediate Appellate Court)

Article 285 of the Civil Code provides that an action for recognition of
natural children may be brought only during the lifetime of the presumed
parents, except in the following cases:

– (1) If the father or mother died during the minority of the child, in
which case the latter may file the action before the expiration of four
years from the attainment of his majority;
– (2) If after the death of the father or of the mother a document should
appear of which nothing had been heard and in which either or both
parents recognize the child. The action must be commenced within four
years from discovery of the document.
(Marquino v. Intermediate Appellate Court)
“In an action for compulsory recognition, the party in the best
position to oppose the same is the putative parent himself. The
need to hear the side of the putative parent is an overwhelming
consideration because of the unsettling effects of such an action
on the peace and harmonious relationship in the family of the
putative parent.
For this reason, Article 285 provides only two (2) exceptions when
an action for recognition transcends the death of the putative
parent.”
(Marquino v. Intermediate Appellate Court)
Rights of Illegitimate Children (Art. 176)
as amended by RA 9255
 ILLEGITIMATE CHILDREN: RIGHTS

1. Use the surname and shall be under the parental authority of the mother

Exception:
Illegitimate children may use the surname of their father if
their filiation has been expressly recognized by their father
through:
✓ record of birth appearing in the civil register
✓ admission in a public document or private handwritten
instrument is made by the father.

Provided, the father has the right to institute an action before

the regular courts to prove non-filiation during his lifetime.
– Art. 176 gives illegitimate children the right to decide if they want to
use the surname of their father or not. It is not the father or the
mother who is granted by law the right to dictate the surname of
their illegitimate children.
(Grande v. Antonio, G.R. No. 206248)
 (Dela Cruz v. Gracia, G.R. No. 177728)

– In all actions concerning children, whether undertaken by

public or private social welfare institutions, courts of law,
administrative authorities or legislative bodies, the best
interests of the child shall be a primary consideration.
What to file and Who may file:

❖Affidavit of Admission of Paternity

❖The father, mother, person himself, guardian

❖Private Handwritten Instrument

❖The father
❖If deceased, the mother, person himself,
guardian

❖Affidavit to Use the Surname of the

Father
❖The father, mother, person himself, guardian
How to Register

1. Examination of completeness of entries

2. Acceptance of documents for registration

3. Recording of entries in the Register of Legal Instruments

4. Annotation on the Remarks Portion of the Register of

Births

5. Distribution of documents

6. Issuance
Briones v. Miguel, G.R No. 156343, October 18, 2004

- Article 213 of the Family Code, “No child under seven

(7) years of age shall be separated from the mother,
except when the courts finds cause to order otherwise”
such as the mother’s unfitness to exercise sole parental
authority
 Republic v. Abadilla, G.R. No.133054

Petition for Correction

Gerson Abadilla + Children’s
of entries in the Birth
Luzviminda surname was
Certificate
Celestino= Not changed to
Married a. Deletion of date and Celestino
place of marriage
Have 2 Children
with surname b. Correction of name
Abadilla from “Herson to
Gerson”
– Tonog v. Court of Appeals (G.R. No. 129248, February 7, 2002)
✓ “The right of custody accorded to parents springs from the exercise of parental authority.”
✓ “As regards parental authority, ‘there is no power, but a task; no complex of rights, but a
sum of duties; no sovereignty but a sacred trust for the welfare of the minor.’”

– Silva v. Court of Appeals (G.R. No. 114742, July 17, 1997)

✓ It is the natural right and duty of parents and
those exercising parental authority to give their
children:

✓ Love, affection, advice and counsel,

companionship and understanding
(Article 220 of the New Civil Code)
➢ David vs. Court of Appeals

Writ of
Habeas Corpus
– In the matter of the petition for cancellation of certificate of live
birth of Tinitigan v. Republic (G.R. No. 222095, August 7, 2007)

❑ “The law is clear that illegitimate children shall use the surname and shall
be under the parental authority of their mother. The use of the word "shall"
underscores its mandatory character. The discretion on the part of the
illegitimate child to use the surname of the father is conditional upon proof of
compliance with RA 9255 and its IRR.”

❑ “Thus, it is mandatory that the mother of an illegitimate child signs the birth
certificate of her child in all cases, irrespective of whether the father
recognizes the child as his or not. The only legally known parent of an
illegitimate child, by the fact of illegitimacy, is the mother of the child who
conclusively carries the blood of the mother. Thus, this provision ensures
that individuals are not falsely named as parents.”

❑ The mother must sign and agree to the information entered in the birth
certificate because she has the parental authority and custody of the
illegitimate child.
ILLEGITIMATE CHILDREN: RIGHTS

2. Be entitled to support in Conformity with this Code

– Verceles v. Posada (G.R. No. 159785, April 27, 2007)

Monthly Support

– People v. Glabo
– Article 345, RPC:
1. Indemnification;
2. 2. Acknowledgment,
3. 3. Support
ILLEGITIMATE CHILDREN: RIGHTS

3. The legitime of each illegitimate child shall consist of one half of the
legitime of a legitimate child
 LEGITIMATED CHILDREN
Art. 177, FC as amended by Republic Act 9858

Art. 177, FC as amended by

Republic Act 9858
 Definition of Terms
– Legitimation - is a process wherein a child who was
born out of wedlock and is therefore, considered
illegitimate, shall, by fiction, be considered
legitimate upon the valid marriage of his parents.

– Legitimated Child – An illegitimate child who is given

the rights of a legitimate child, provided the
following requisites are present:
 Requisites to Qualify for
Legitimation
The parents of the illegitimate
child were not under legal Subsequent
impediment to marry each other valid marriage
Process of
except when they were
disqualified because either or both
+ between the
parents of the
= legitimation

of them were below 18 years of illegitimate child

age
*(DE SANTOS VS ANGELES
*(In Re: Enriquez, 29 Phil 167) G.R. No. 105619 December 12,
-Being a Catholic priest is 1995)
not an impediment -Bigamous marriage: Not valid
 Articles 177, Family Code

“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, or so
disqualified only because either or both of them
were below eighteen (18) years of age, may be
legitimated.”
 Requirements for registration
of legitimation of illegitimate
Legitimation of children by subsequent marriage of
parents shall be recorded in the civil registry office of the
place where the birth was recorded. The requirements for
registration of legitimation of illegitimate children are:
a) Certificate of Marriage;
b) Certificate of Live Birth of the child;
c) Affidavit of paternity/acknowledgement (Certified Photocopy/Xerox Copy)
d) Affidavit of legitimation
 Legal Effects of Legitimation

– Article 179. “Legitimated Children shall enjoy the same

rights as legitimate children.”
– Article 180. “The effects of legitimation shall retroact to the
time of the child’s birth”
– Article 181. “The legitimation of children who died before
the celebration of the marriage shall benefit their
descendants”
 Legal Effects of Legitimation

– Article 179. “Legitimated Children shall enjoy

the same rights as legitimate children.”
Legitimated children shall have the same status and
rights of legitimate children, and such rights enjoyed
as of the time of their birth.
 Rights of Legitimated Children
(Art. 264 CC)

Legitimate children shall have the right :

– To bear the surnames of the father and the mother
– To receive support from them, from their ascendants, and in a
proper case, from their brothers and sisters, in conformity with
article 291 and,
– To the legitimate and other successional rights which this Code
recognize in their favor. (Art. 263, Civil Code of the Philippines)
 Legal Effects of Legitimation

– Article 180. “The effects of legitimation shall

retroact to the time of the child’s birth”

The act of legitimation produces effects as of the

child’s birth, for legal purposes, the child is
deemed born a legitimate child.
 Legal Effects of Legitimation

–Article 181. “The legitimation of

children who died before the
celebration of the marriage shall
benefit their descendants”
 Legal Effects of Legitimation
(Art 181)

B
X Y Z A
C
– Article 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.”
This is done by those prejudiced in their
rights within 5 years from the time their
cause of action accrues
 Grounds For Impugning
Legitimation

– The subsequent marriage of the child’s parents is void.

– The child allegedly legitimated is not natural.

– The child is not really the child of the alleged parents.

 Abadilla vs. Tabiliran
AM No. MTJ-92-716, October 25, 1995

– Art. 269 CC. Only natural children can be legitimated. Children 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,
are natural.
– Legitimation is limited to natural children and cannot include those
born of adulterous relations (Ramirez vs. Gmur, 42 Phil. 855). The
Family Code: (Executive Order, No. 209), which took effect on August 3,
1988, 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.
 The Reasons For The Limitation
To “Natural Children”
1) The rationale of legitimation would be destroyed;
2) It would be unfair to the legitimate children in terms of successional
rights;
3) There will be the problem of public scandal, unless social mores
change;
4) It is too violent to grant the privilege of legitimation to adulterous
children as it will destroy the sanctity of marriage;
5) It will be very scandalous, especially if the parents marry many years
after the birth of the child. (The Family Code, p. 252, Alicia v. Sempio Diy).
 DE SANTOS VS ANGELES
G.R. No. 105619 December 12, 1995
– Under the Civil Code, children born of marriages which are void from the
beginning or after the decree of annulment in voidable marriages are
"natural children by legal fiction".

– Children conceived of parents who, at that time, were not disqualified to

marry by any impediment are the "natural children proper".

– The parents of the child could not validly marry because one had a prior
subsisting marriage. They did marry but their marriage was bigamous or
void from the beginning.
 DE SANTOS VS ANGELES
G.R. No. 105619 December 12, 1995

Will the child born of that bigamous marriage who is considered a

"natural child by legal fiction" become legitimated when his
parents married after the death of the first spouse?
– “The Supreme Court held that even if Art. 89 of the Civil Code gave
natural children by legal fiction the same status, rights and
obligations as acknowledged natural children, Art. 269 applies
only to natural children proper or those born outside of wedlock of
parents who, at the time of the conception, were not disqualified
by any impediment to marry.”
 DE SANTOS VS ANGELES
G.R. No. 105619 December 12, 1995

– Art. 895. The legitime of each of the acknowledged natural children and
each of the natural children by legal fiction shall consist of one-half of
the legitime of each of the legitimate children or descendants

– Natural children by legal fiction cannot be deprived of their legitime

equivalent to one-half of that pertaining to each of the legitimate
children or descendants of the recognizing parent, to be taken from the
free disposable portion of the latter’s estate.