Duty of a woman after annulment of marriage when she becomes a widow and pregnant.

 Art 260, Civil Code

If after judgment annulling the marriage, the former wife should believe
herself to be pregnant by the former husband, she shall, within thirty days from
the time she became aware of her pregnancy, notify, the former husband or his
heirs of that fact. He or his heirs may ask the court to take measures to prevent a
simulation of birth.
The same obligation shall devolve upon a widow who believes herself to
have been left pregnant by the deceased husband, or upon the wife who believes
herself to be pregnant by her husband from whom she has been legally separated.
Simulation of Birth and Usurpation of the Civil Status
 Simulation of Birth- Art. 347, RPC
The simulation of births, substitution of one child for another and concealment or
abandonment of legitimate child with intent to cause such child to lose its civil
status shall be punishable by pricion mayor and a fine not exceeding 1,000 pesos.
Moreover, any physician or surgeon or public officer who, in violation of the the
duties of his profession or office, shall cooperate in the execution of the crimes
mentioned shall also suffer the penalties therein prescribed and also a penalty of
temporary special disqualification.
 Usurpation of Civil Status- Art. 348, RPC
The penalty of prision mayor shall be imposed upon any person who shall usurp
the civil status of another, should he do so for the purpose of defrauding the
offended party or his heirs; otherwise, the penalty of prision correccional in its
medium and maximun periods shall be imposed.
Child born after 300 days following the dissolution of marriage or separation of spouses:
 There is no presumption of legitimacy or illegitimacy of a child born after three hundred
days following the dissolution of marriage or the separation of the spouses. Whoever
alleges the legitimacy or the illegitimacy must prove his allegation.

Legitimated Children

Legitimation is defined as a remedy or process by which a child born out or lawful wedlock and
are therefore considered illegitimate are by fiction of law considered legitimate subsequent valid
marriage of parents.
 Art. 270, Civil Code
Legitimation shall take place by the subsequent marriage between the parents.
 Art. 272, Civil Code
Children who are legitimated by subsequent marriage shall enjoy the same rights
as legitimate children.

Children can be legitimated:

 NATURAL CHILDREN: Art. 269, Civil Code
Natural children are those born outside lawful wedlock of parents who, at the time
of the conception of the former, were not disqualified by any impediment to
marry each other.

EX. A and B are both single and are of age. There are no impediments for them to
marry. Although unmarried, they had sexual intercourse and as a result of which
 child is born. The child is considered natural child. If the child is acknowledged
by the parents to their own, then the child becomes an acknowledged natural
child. And if the parents after acknowledgement subsequently married one
another, the child becomes a legitimated child.
Requisites for legitimation
 the child must be natural
 the child must be acknowledged by both parents before marriage
 there must be subsequent marriage of the parents

ADOPTED CHILDREN
Adoption is the act or proceeding by which relations of paternity and filiation are
recognized as legally existing between persons not so related by nature.
Purpose: To establish a relationship of paternity and filiation and to afford persons who have no
child of their own consolation of having one by legal fiction. The adopted child has all the legal
rights as a legitimate child in relation to adopting parents.

Person who may adopt:

 the natural child, by the natural father or mother
 other illegitimate children, by the father or mother
 a step-child, by the step-father or step mother, (Art. 338, Civil Code); and
 Any person, even if of age, provided the adopter is sixteen years older (Art. 337, Civil
Code).
Persons who cannot be adopted:
 A married person, without the written consent of the other spouse;
 An alien with whose government the Republic of the Philippines has broken diplomatic
relations; and
 A person who has already been adopted (Art. 339, Civil Code).

Persons who may adopt:

 Every person of age, who is in full possession of his civil rights. (Art. 334, Civil Code)

Persons who cannot adopt:

 Those who have legitimate, legitimated, acknowledged natural children or natural
children by legal fiction;
 The guardian, with respect to the ward, before the final approval of his accounts;
 A married person, without the consent of the other spouse;
 Non-resident aliens,
 Resident aliens with whose government the Republic of the Philippines has broken
diplomatic relations, and
 Any person who has been convicted of a crime involving moral turpitude, when the
penalty imposed was six months' imprisonment or more (Art. 335, Civil Code).

PATERNITY AND FILIATION 597

ILLEGITIMATE CHILDREN are those who were born out _of lawful wedlock or after a
competent time after its dissolution.

Natural Children:
a. Natural Children (Proper):
Natural children are those born outside wedlock of parents who, at the time of the
conception of the former, were not disqualified by any impediment to marry each other (Art.
269,Civil Code).

b. Natural Children by Legal Fiction:

 Natural children by legal fiction are those children born of void marriages or those born
of voidable marriages after the decree of annulment.
Example:
A was married with B, his own step-daughter. The marriage is void. A child was born
thereafter. The child is natural by legal fiction.

c. Natural Children by Presumption:

Natural children by presumption are those natural children acknowledged by the father or the
mother separately if the acknowledging parent was legally competent to contract marriage at the
time of conception (Borres and Barza v. Mun. of Panay, 42 Phil. 643).

Example:
A, a married woman who is living separately from his husband, had an illicit relation with B. The
child born has been recognized by B to be his own. The child is considered to be natural by
presumption.

Spurious Children:

Illegitimate children who are not natural are considered spurious.

Spurious children may be:

 Adulterous Children:
These are children conceived in an act of adultery or concubinage.
 Sacrilegious Children:
These are children born of parents who have been ordained in sacris. In civil law,
there is no such kind of illegitimate children because a priest or a nun can marry. There is
no impediment in law for them to marry. It is only the regulation of the church that
prohibits it. In the Philippines, there is separation between the church and the state.
 Incestuous Children:
These are children born by parents who are legally incapable of contracting valid
marriage because of their blood relationship as marriage between brothers and sisters,
father and daughter, etc..
 Manceres:
These are children conceived by prostitutes. It is very difficult to determine the
father because of the nature of the business.

Civil Liability of Persons Guilty of Crimes Against Chastity:

Art. 345, Revised Penal Code:

Persons guilty of rape, seduction or abduction shall also be sentenced:

 To indemnify the offended woman.

 To acknowledge the offspring, unless the law should prevent him from so doing.
 In every case to support the offspring.

The adulterer and the concubine in the case provided for in articles 333 and 334
may also be sentenced, in the same proceeding or in a separate civil proceeding, to
indemnify for damages caused to the offended spouse.

In cases of multiple rape, when three persons, one after another

raped a woman, the offenders may not be required to recognize the offspring as it is impossible
to determine the paternity of the child (People v. Pedro de Leon, et. al, G.R. No. L-2094).
 If the woman abused is married, the child born subsequently cannot
be recognized by the offender (People v. Sanico, C.A. 46 O.G. 98) and if the woman who was
raped was married and pregnant, the child born thereafter cannot be recognized and support
cannot be demanded from the offender. The reason behind is that to allow the offender to give
support and recognize the offspring will allow the offender to periodically visit the home of the
offended party in order to comply with his duty and it will enhance disturbance in the family
who are living in peace and tranquility (U.S. v. Yambao, 4 Phil. 204).

EVIDENCE OF PATERNITY AND FILIATION

A. Medical Evidences:
 Parental Likeness:
Heredity transmits traits and characteristics from parents to the offsprings. There
must be some gross manifestation of the children which may be in common with the
father.

The following points may be considered by the examining physician to determine

physically whether paternity and filiation exists between persons in question:
a. General feature
b. Gait, speech, and movement
c. Manner of gesture
d. Color and texture of the hair
e. Personal peculiarities
f. Color of the eyes
g. Personal deformities
h. General built and size

2. Blood Grouping Test:

The fact that the blood type of the child is a possible product of the parents, does not
conclusively show that the child is born by such parents. But, if the blood type of the child is not
the possible blood type when the blood of the parents are cross-matched, it shows definitely that
the child is not that of the husband. A positive result is not conclusive, but a negative result is
conclusive.

3. Evidences from the Mother:

 Proofs of Previous Delivery:

The supposed mother may be subjected to an examination to determine the presence of
signs of previous childbirth and which are compatible with the age of the child.

 Proofs of Physical Potency and Fertility:

Although it is difficult to determine the physical potency in women inasmuch as a woman

is a passive subject to a sexual act, the woman may be manifesting some acquired or
congenital defect wherein impotency may be inferred. Atresia of the vaginal canal, imperforate
hymen, etc. may be present. Fertility may be inferred from the presence of other pregnancies and
the absence of organic abnormalities of the generative system.

 proof of Capacity to have Access with the Husband:

A general physical examination of the woman is necessary to determine whether she is
physically capable of having sexual intercourse with her husband.

4. Evidences from the Father:

 Proof of Physical Potency and Fertility:

Medical examination must be done whether the husband is capable of erection.
A quantitative and qualitative examination of spermatozoa in the seminal fluid is
necessary to determine fertility. The presence of disease, congenital or acquired
abnormalities, etc. may be factors that may bring about impotency or sterility.

 Proof of Access:
 The physician must determine the health and vigor of the father, the presence of
disease, which may bring about his incapacity to perform sexual intercourse.
 Non-medical Evidences:
o Record of birth in the Civil Registrar, or by an authentic document or a
final judgment (Art. 265, Civil Code).
o Continuous possession of the status of a legitimate child (Art.266, Civil
Code).
o Any other evidences allowed by the Rules of Court and special laws ( Art.
267, Civil Code).