TITLE VI PATERNITY AND FILIATION How to Rebut Presumption

Chapter 1 Legitimate Children The presumption of legitimacy is so strong

that it is clear that its effect is to shift the
Art. 163 burden of persuasion to the party claiming
illegitimacy. And in order to destroy the
Filiation of children presumption, the party against whom it
operates must adduce substantial and
- By nature credible evidence to the contrary.
- By adoption
Who may Impugn Child’s Legitimacy
Natural Filiation
- Husband
- Legitimate - Heirs, if the husband should die
- Illegitimate - before the expiration of
period for bringing his action
Art. 164 - after the filing of the
complaint without having
Legitimate children desisted therefrom
- Before the birth of the child
- Children conceived or born during (Art. 171)
the marriage of the parents
- Children conceived as a result of Grounds to Impugn Child’s Legitimacy
artificial insemination of the wife with (Art. 166)
the sperm of the husband or that of
a donor, provided, that both of them - Physical Impossibility to Have
authorized or ratified such Sexual Intercourse
insemination in a written instrument - Physical Incapacity
executed and signed by them before (impotence, not sterility)
the birth of the child. - Living Separately
- Serious Illness of Husband
Art. 165 - Biological or Other Scientific
Reasons
Illegitimate children - Blood Testing
- DNA Testing
- Children conceived and born outside - In Case of Artificial Insemination
a valid marriage, unless otherwise
provided.in the Family Code Presumption Applies Even When Mother
Declares Against Child’s Legitimacy (Art.
Presumption of Legitimacy 167)

A child conceived or born during a valid An assertion by the mother against the
marriage is presumed to be legitimate. legitimacy of her child cannot affect the
legitimacy of a child born or conceived (b) 2 years, if the husband or, in default,
within a valid marriage. all of his heirs, do not reside in the
If marriage is terminated and mother city or municipality where the birth
contracts another marriage within 300 took place or was recorded but
days of such termination of former reside in the Philippines.
marriage (Art. 168) (c) 3 years, if the husband or, in default,
all of his heirs, reside abroad.
Child born 180 days after solemnization of
subsequent marriage - conceived during the If the birth of the child has been concealed
former marriage, provided it is born within from or was unknown to the husband or his
300 days after the termination of the former heirs, the period shall be counted from the
marriage discovery or knowledge of the birth of the
child or of the fact of registration of said
Child born after 180 days following the birth, whichever is earlier.
celebration of subsequent marriage -
conceived during subsequent marriage Chapter 2 Proof of Filiation

Legitimacy of a child born after 300 days Accepted Proof of Filiation (Art. 172)
following the termination of a marriage
shall be proved by whoever alleges such - Record of Birth Appearing in Civil
(Art. 169) Registrar or Final Judgment
- Public Document and Private
Action to Impugn Legitimacy Handwritten Instrument
- Open and Continuous Possession of
The husband, who is presumed to be the Status
father of the child of the wife, is denying his - Any Other Means Allowed by Rules
paternity over the child based on the and Special Laws
grounds enumerated in Art. 166. - Baptismal Certificate
- Physical Resemblance
Not Subject to Collateral Attack - Blood Test
- DNA Test
Can be impugned only in a direct action - Other Proof
brought for that purpose, by the proper
parties, and within the period limited by law. Filiation Not Subject to Compromise
Agreement
Prescriptive Period for Filing Action
counted from the knowledge of the birth Paternity or filiation, or the lack of it, is a
or recording of such birth in the civil relationship that must be judicially
register (Art. 170) established and it is for the court to declare
its existence or absence. It cannot be left to
(a) 1 year, if the husband or, in default, the will or agreement of the parties.
all of his heirs resides in the city or
municipality where the birth took Action to Claim Legitimate Filiation (Art.
place or was recorded. 173)
 such, an action to claim illegitimate filiation
An action filed by a child to prove that he or is traditionally for the purpose of
she is a legitimate child of a certain couple establishing paternity.
who are validly married.
Who May File Action
Who May File Action (Art. 173)
- Child
- Child - Child’s heirs, within 5 years of death
- Child’s heirs, within 5 years of death of child, when child dies
of child, when child dies - During minority
- During minority - During a state of insanity
- During a state of insanity - After commencement of
- After commencement of action
action - When action is based on Public
Document and Private Handwritten
Rights of Legitimate Children (Art. 174) Instrument, must be brought during
lifetime of alleged parent.
(1) To bear the surname of the father
and mother, in conformity with the Rights of Illegitimate Children (Art. 176)
provisions of the Civil Code on
Surnames. Legitimate children shall (1) Illegitimate children shall principally
principally use the surname of the use the surname of their mother.
father, but as per Alanis III vs. Court They may be allowed to use the
of Appeals legitimate children may surname of their father only if:
also use the surname of the mother. (a) Their illegitimate filiation has
(2) To receive support from their been expressly recognized
parents, their ascendants, and in by the father through the
proper cases, their brothers and record of birth appearing in
sisters, in conformity with the the civil register.
provisions of the Family Code on (b) When an admission of
Support. paternity is made by the
(3) To be entitled to the legitime and father in a public document
other successional rights granted to or private handwritten
them by the Civil Code. instrument.
(2) Illegitimate children are likewise
Action to Claim Illegitimate Filiation (Art. entitled to receive support from their
175) parents. However, filiation must be
established for a child to claim
An action by a child to prove that he or she support from a putative father.
is a biological child of the alleged parent, (3) Illegitimate children are also to be
although conceived and born outside considered as compulsory and legal
wedlock. Ordinarily, an illegitimate child is heirs, with respect to their parents.
raised by his biological mother and it is The legitime of each illegitimate child
paternity that needs to be established. As
 shall consist of one-half the legitime The effects of legitimation shall retroact
of a legitimate child. to the time of the child’s birth. (Art. 180)
(4) On the matter of citizenship, only
legitimate children follow the The retroactive effects of legitimation
citizenship of the father and that going back to the child’s birth shall still
illegitimate children are under the apply notwithstanding the death of the
parental authority of the mother and child prior to the celebration of the
follow her nationality. marriage of the parents if the child has
left descendants. (Art. 181)
Chapter 4 Legitimated Children
Action to Impugn Legitimation (Art. 182)
Concept of Legitimation
All legal or compulsory heirs of the parents
The process provided under our law where of the legitimate child are proper party to
the status of a child conceived and born out impugn legitimation. The action to impugn
of wedlock is improved, by operation of law, legitimation must be filed within 5 years
from illegitimacy to that of legitimacy by the from the time the cause of action accrues.
mere subsequent marriage of the parents.

Who Can Be Legitimated (Art. 177)

Only children conceived and born out of

wedlock of parents, who, at the time of
conception:

- Were not disqualified by any

impediment to marry each other
- Were disqualified only because
either or both of them were below 18
years of age

How Legitimation Takes Place (Art. 178)

By a mere subsequent valid marriage

between the parents of the child who
satisfies the conditions mentioned in Art.
177, without any additional act on the part
either of the parents or the child.

The legitimate child shall now enjoy the

same rights as those being enjoyed by a
legitimate child. (Art. 179)