PATERNITY AND AFFILIATION

LEGITIMATE CHILDREN ILLEGITIMATE CHILDREN LEGITIMATED CHILDREN ADOPTED CHILDREN

WHO: (ART. 164) WHO: (ART. 165) WHO: (ART. 177) R.A. NO. 11642 (DOMESTIC ADMINISTRATIVE
1. Children conceived or born during the marriage of the 1. Children conceived and born - Children conceived and born ADOPTION AND ALTERNATIVE CHILD CARE
parents. outside a valid marriage. outside of wedlock of parents ACT
2. Children conceived as a result of artificial insemination who, at the time of conception of
w/ the sperm of the husband or that of a donor or both. ESTABLISHING FILIATION: (ART 175) the former, were not disqualified WHO MAY ADOPT:
Provided: - Same way and same by any impediment to marry 1. ANY FILIPINO CITIZEN; provided
- both of them authorized or ratified such evidence as legitimate each other, or were so a. at least 25 years of age
insemination children disqualified only because either b. must be in possession of full civil
- in written instrument executed and signed by them - Same period except pag and or both of them were below 18 capacity and legal rights, of good moral
- must be made before the birth of the child. evidence ay admission of y/o. character and has not been convicted of any
- must be recorded in the civil registry together with filiation (no.2 sa Art. 172). crime involving moral turpitude
the birth certificate. Action must be brought RIGHTS: (ART. 179) c. must be emotionally and psychologically
3. Children of subsequent marriage conceived prior to the during the lifetime of the - Same rights as legitimate capable of caring for children and in a
termination of such. (Art. 43 FC absentee spouse) alleged parent. (since di siya children position to support and care for his or her
4. Children conceived or born before judgment. (Art. 36 conclusive unlike birth cert. children in keeping the means of the family.
Psychological incapacity; Art. 53 non-compliance w/ the at final judgment. HOW LEGITIMATION TAKES PLACE: (ART. d. at least 16 years older than the adoptee,
requirements in Art. 52 FC) 178) except if the adopter is the biological parent
5. Legitimate although the mother may have declared RIGHTS: - By subsequent valid marriage of the adoptee or the spouse of the adoptee’s
against its legitimacy or may have been sentenced as an 1. Use the surname and shall be between parents parent, in which case, the requirement of 16-
adulteress. (ART. 167) under the parental authority of their - Annulment of voidable marriage year difference may be waived.
mother. shall not affect the legitimation 2. LEGAL GUARDIAN
GROUNDS TO IMPUGN FILIATION: 2. Entitled to support NOTE: If void ang marriage, illegitimate pa - with respect to the ward after the
1. Physically impossible for the husband to have sexual 3. Legitime – ½ of the legitime of the din yung child. It must be at least termination of guardianship and clearance of
intercourse with his wife within the first 120 days of the legitimate child. voidable. financial accountabilities.
300 days which immediately preceded the birth of the 3. FOSTER PARENT
child: Reasons; WHEN CAN HE USE THE SURNAME - Effects of legitimation shall - with respect to the foster child
a. Physical incapacity to have sexual intercourse OF THE FATHER: retroact to the time of the child’s 4. PH GOVERNMENT OFFICIALS AND
b. Fact that they were living separately which sexual 1. If filiation has been expressly birth. (ART 180) EMPLOYEES DEPLOYED OR STATIONED
intercourse was not possible recognized by their father through ABROAD
c. Serious illness which absolutely prevented sexual the record of birth appearing in the IMPUGN LEGITIMACY (ART. 182) - provided, they are able to bring the child
intercourse. civil register; - Only by those who are with them.
2. Proved that for biological other scientific reasons, the 2. When an admission in a public prejudiced in their rights. (step 5. FOREIGN NATIONALS
child could not have been that of the husband. Except document or private handwritten is parent, step sibling, a. possess the same qualifications required
artificial insemination in Art. 164 (2). made by the father, Provided: grandparents) of Filipino nationals
3. Written authorization in Art. 164 (2) was obtained - father has the right to institute - Within 5 years from the time b. permanent or habitual residents of the
through mistake, fraud, violence, intimidation, or undue an action before regular courts to their cause of action accrues. Philippines for at least five (5) years
influence. prove non-filiation during his lifetime ART. 181. c. come from a country with diplomatic
- The legitimation of children who relations with the Republic of the Philippines
ACTION TO IMPUGN LEGITIMACY: (ART. 170) died before the celebration of d. the laws of the adopter’s country will
1. within 1 YEAR from the knowledge of the birth or its the marriage shall benefit their acknowledge the Certificate of Adoption as
recording in the civil register: descendants. valid, acknowledge the child as a legal child of
- if husband or any of his heirs resides in the city or the adopters, and allow entry of the child into
municipality where the birth took place or recorded. such country as an adoptee
2. 2 YEARS IF:
- do not reside at the place of birth but reside in the WAIVER OF RESIDENCY:
Philippines 1. A former Filipino citizen, habitually residing
3. 3 YEARS IF: in the Philippines, who seeks to adopt a
- if resides abroad relative within fourth (4th) civil degree of
NOTE: Period shall be counted from the discovery or consanguinity or affinity.
knowledge of the birth or the fact of registration 2. One who seeks to adopt the legitimate
whichever is earlier, if the birth has been concealed from child of the Filipino spouse
or was unknown to the husband or heirs. 3. One who is married to a Filipino citizen and
seeks to adopt jointly with the spouse a
WHEN CAN HEIRS OF FATHER IMPUGN THE LEGITIMACY: relative within the fourth (4th) degree of
(ART. 171) consanguinity or affinity of the Filipino
1. Husband die before the expiration of the period spouse.
2. Husband die after filing of the complaint without having
desisted therefrom JOINTS ADOPTION BY SPOUSES
3. Child was born after death of husband - Husband and wife are required to
NOTE: If buhay ang tatay, siya lang ang pwede mag- jointly adopt.
impugn ng legitimacy. EXCEPTIONS:
1. If one spouse seeks to adopt the legitimate
PROOF OF FILIATION: (ART. 172) child of the other
1. Record of birth appearing in the civil register or a final 2. If one spouse seeks to adopt own
judgment; or birth certificate at final judgment. illegitimate child: Provided, That the other
2. An admission of legitimate filiation in a public spouse has signified consent thereto
document or a private handwritten instrument and signed 3. If the spouses are legally separated from
by the parent concerned. each other
- di pwedeng typewritten dapat handwritten pag
private document. WHO MAY BE ADOPTED
- typewrittem must be notarized to become public 1. CHILD LEGALLY AVAILABLE FOR ADOPTION -
records. who has been issued a Certificate Declaring a
Child Legally Available for Adoption (CDCLAA)
IN THE ABSENCE OF TWO: - below 18 y/o
 1. Open and continuous possession of the status of - over 18 y/o but is unable to take care of
legitimate child. him/herself from abuse, neglect. Cruelty,
2. Any other means allowed by the Rules of Court and exploitation, or discrimination because of
special laws physical or mental disability or condition.
NOTE: itong any other means must be corroborated by an 2. LEGITIMATE CHILD of one spouse by the
evidence outside of these like testimonies. Cannot stand other spouse
alone as a proof. 3. ILLEGITIMATE CHILD by a qualified adopter
to improve status of legitimacy
ACTION CLAIMING LEGITIMACY (ART. 173) 4. FILIPINO OF LEGAL AGE if, prior to the
WHO: adoption, said person has been consistently
1. Child – during his lifetime considered and treated by the adopters as
2. Heirs – when child die during minority or in a state of their own child for a period of at least three
insanity (period of 5 years FROM DEATH OR DAY NA (3) years
NABALIW) 5. FOSTER CHILD
NOTE: The action already commenced by the child shall 6. CHILD WHOSE ADOPTION HAS BEEN
survive notwithstanding the death of either or both of the PREVIOUSLY RESCINDED
parties. 7. A CHILD WHOSE BIOLOGICAL OR ADOPTIVE
PARENTS HAVE DIED: Provided, That no
RIGHTS: (ART. 174) proceedings shall be initiated within six (6)
1. Bear the surnames of the father and the mother (he months from the time of death of said
choose) parents
2. Receive support from their parents, their ascendants, 8. RELATIVE OF THE ADOPTER
and in proper cases, their brothers and sisters
3. Entitled to the legitime and other successional rights.

STATUS OF CHILDREN BORN WITHIN 300 DAYS FOLLOWING THE TERMINATION OF NOTE: Affixing signature as the father in simulated birth certificate may be considered
MARRIAGE legitimated. Basis is ART. 1431 NCC ESTOPPEL – through estoppel an admission or
ART. 168 (mother contracted another marriage w/in 300 days after termination) representation is rendered conclusive upon the person making it, and cannot be denied or
Rules in the absence of proof to the contrary: disproved as against the person relying thereon.
1. child born before 180 days after solemnization of the subsequent marriage:
- considered to have been conceived during the former marriage NOTE: The legitimacy of the child cannot be contested by way of defense or as a collateral
- provided, it be born w/in 300 days after termination of the former marriage issue in another action for different purpose. (Geronimo v. Santos) (kapag ang issue ay hindi
2. Child born after 180 days following the celebration of the subsequent marriage legitimacy or illegitimacy ng bata kundi “walang anak”)
- considered to have been conceived during 2nd marriage
- even though it be born w/in 300 days after the termination of the former marriage. NOTE: If the action is based upon open and continuous possession of 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. Wei)
 1. ADOPTEE – if 10 years of age or over
NOTE: If the father did not sign in the birth certificate, the placing of his name by the mother, 2. BIOLOGICAL PARENTS OF THE CHILD - if known, or the legal guardian, or the proper
doctor, registrar, or other person is incompetent evidence of paternity. (Salas v. Matusalem) government instrumentality which has legal custody of the child, except in the case of a
Filipino of legal age if, prior to the adoption, said person has been consistently considered
OTHER MEANS/EVIDENCE ALLOWED BY RULES OF COURT AND SPECIAL LAW and treated as their own child by the adopters for at least three (3) years
1. Baptismal Certificate 3. LEGITIMATE AND ADOPTED CHILDREN, ten (10) years of age or over, of the adopters
2. Judicial Admisision 4. ILLEGITIMATE CHILDREN, ten (10) years of age or over, of the adopter if living with said
3. Family bible – nakasulat yung name ng bata as anak sa labas adopter or over whom the adopter exercises parental authority and the latter’s spouse, if any
4. common reputation respecting his pedigree – alam ng buong barangay kung sino tatay mo 5. SPOUSE, if any, of the person adopting or to be adopted.
at kinikilalang kamag-anak ng mga kapatid, o pinsan ng tatay mo. At ang tatay ay inaangkin
kang anak sa harap ng maraming tao. Provided, That children under ten (10) years of age shall be counseled and consulted, but
5. admission by silence shall not be required to execute within consent
6. testimonies of the witnesses
7. other kinds of proof allowed in Rule 130 ROC EFFECTS OF ADOPTION
NOTE: In filiation cases, mother must prove prima facie na nagkaroon ng S.I at siya lang ang ART. 189 F.C.
nakatalik hanggang sa manganak; FATHER AFFIRMATIVE DEFENSE ARE: 1) Incapability of 1. FOR CIVIL PURPOSES – adopted shall be deemed to be a legitimate child of the adopters
sexual relations due to physical absence or impotency; 2) mother has sexual relation with and both shall acquire the reciprocal rights and obligations arising from the relationship of
other men at time of conception. parent and child, including the right of the adopted to use the surname of the adopters.
2. PARENTAL AUTHORITY (PA)– of the parents by nature over the adopted shall terminate and
IMPLEMENTING RULES AND REGULATION OF R.A. 9255 be vested in the adopters, except that if the adopter is the spouse of the parent by nature of
1. Illegitimate child (IC) not acknowledge by the father shall use the surname of the mother. the adopted, PA shall be exercised jointly by both spouses.
2. I.C. acknowledge by the father shall use the surname of the mother if no Affidavit to use 3. Adopted shall remain an intestate heir of his parents and other blood relatives.
the surname of the father (AUSF) is executed
3. IC ages 0-6 acknowledge, shall use the surname of the father if the other or guardian in R.A. 11642 ART. 5 EFFECTS OF ADOPTION
the absence of mother execute AUSF.
4. IC 7-17 Y/O – acknowledge, father’s surname if child execute AUSF as attested by mother Section 41. Legitimacy. – the adoptee shall be considered the legitimate child of the adopter
or guardian. for all intents and purposes and as such in entitled to all the rights and obligations provided
5. IC age of majority – acknowledge, father’s surname, he execute AUSF w/o need of by law to legitimate children born to them without discrimination of any kind. To this end,
attestation the adoptee is entitled to love, guidance, and support in keeping with the means of the
- IC shall use the surname and shall be under parental authority of the mother. The use of the family. The legitimate filiation that is created between the adopter and adoptee shall be
word “shall” underscores its mandatory character. The discretion on the part of the IC to use extended to the adopter’s parents, adopter’s legitimate siblings, and legitimate descendants.
the surname of the father is conditional upon proof of compliance with RA 9255.
The adopter is also given the right to choose the name by which the child is to be known,
ADOPTION consistent with the best interest of the child.
WRITTEN CONSENT REQUIREMENTS
Section 42. Parental Authority. – Upon issuances of the Order of Adoption, adoption shall 3. When surviving spouse or the illegitimate children of the adopted concur with the
cease as alternative care and becomes parental care. Adoptive parents shall now have full adopters – they shall divided the entire estate in equal shares, ½ to the spouse or illegitimate
parental authority over the child. Except in cases where the biological parent is the spouse of and ½ adopters.
the adopter, all legal ties between the biological parents and the adoptee shall be severed 4. When the adopters concur with the illegitimate children and the surviving spouse of the
and the same shall then be vested on the adopters. adopted – 1/3 to illegitimate, 1/3 to the spouse, and 1/3 to adopters.
5. Only adopters survive – inherit the entire estate
In case spouses jointly adopt or one spouse adopts the legitimate child of the other, joint 6. Only collateral blood relatives of the adopted survive – ordinary rules of legal or intestate
parental authority shall be exercised by the spouses. succession shall apply.

Section 43. Succession. – In testate and intestate succession, the adopters and the adoptee GROUNDS FOR RESCISSION OF ADOPTION (R.A. 11642 SECTION 47)
shall have reciprocal rights of succession without distinction from legitimate filiations.
Adoption may be rescinded only upon the petition of the adoptee with the NACC, or with the
However, if the adoptees and their biological parents have left a will, the law on
assistance of the SWDO if the adoptee is a minor, or if the adoptee is eighteen (18) years of
testamentary succession shall govern
age or over but who is incapacitated or by his or her guardian on any of the following
grounds committed by the adopter(s):
LEGAL OR INTESTATE SUCCESSION TO THE ESTATE OF ADOPTED (ART. 190 F.C.)
(a) Repeated physical or verbal maltreatment by the adopter despite having
1. Legitimate and illegitimate children and descendants and the surviving spouses of the
undergone counseling;
adopted – shall inherit from the adopted, in accordance with the ordinary rules of legal or
(b) Attempt on the life of the adoptee;
intestate succession.
(c) Abandonment and failure to comply with parental obligations.
2. When the parents, legitimate or illegitimate, or the legitimate ascendants of the adopted Adoption, being in the best interest of the child, shall bot be subject to rescission by the
concur with the adopters – they shall divide the entire estate, ½ to be inherited by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919
parents or ascendants and the other half, by the adopters. of the Civil Code of the Philippines