ABELLA, MA.

KIANA
PATERNITY AND FILIATION BALAO, MARK PAUL
BASCO, TREB JERSEY
ART. 163-182 OF THE FAMILY CODE OF THE PHILIPPINES
1R
CONCEPTS
 Paternity
 Maternity
 Filiation
 Legitimation
KINDS OF PATERNITY ND FILIATION (ART 163)

 By nature
 Legitimate
 Illegitimate
 By adoption
BY NATURE
KINDS OF CHILDREN UNDER THE FAMILY CODE
LEGITIMATE CHILDREN (ART 164) ILLEGITIMATE CHILDREN (ART 165)
 one conceived or born during a valid • one conceived and born outside a
marriage of the parents, or within valid marriage or outside lawful
lawful wedlock. wedlock.

LEGITIMATED CHILDREN (ART 177)

 one who is originally illegitimate but later
considered legitimate by legal fiction
because of the subsequent marriage of the
parents who, at the time of the child’s
concepcion, had no legal impediment to
marry each other.
ARTIFICIAL INSEMINATION (ART 164)
The law declares the status of a child, who is a product of artificial
insemination, as a legitimate child of the husband and wife
provided that both of them authorized or ratified such insemination
in a written instrument executed and signed by them before the
birth of the child and that the instrument is recorded in the civil
registry together with the birth certificate of the child. If the written
authorization or ratification contained in the public instrument was
obtained through mistake, fraud, violence, intimidation or undue
influence, the husband may impugn the legitimacy of the child on
these grounds.
TYPES OF ARTIFICIAL INSEMINATION
HOMOLOGOUS INSEMINATION HETEROLOGOUS INSEMINATION
the semen of the husband artificially a third-party donor’s semen
inseminates the wife. This procedure artificially inseminates the wife. This
is referred to as AIH (Artificial procedure is referred to as AID and
Insemination Husband). may be “consensual,” i.e., with the
consent of the husband, or
“nonconsensual,” i.e., without the
consent of the husband.
GROUNDS FOR IMPUGNATION OF THE
LEGITIMACY OF A CHILD (ART 166)
 Physically impossible for husband and wife to have sex, 120-300 days
preceding the birth of the child.
 Physical incapacity.
 Living separately.
 Serious illness.
 Biological or Other Scientific Reasons.
 Blood testing
 DNA testing
PRESUMPTIONS ON THE STATUS OF LEGITIMACY
OF THE CHILD (ART 168 &169)
-The law requires that every reasonable presumption be made in favor of legitimacy.

1. Access presumed prior to the termination of marriage.

 If the child is born before 180 days after the solemnization
of the subsequent marriage it is presumed that it is that the
child belonged to the former marriage, provided it be born
300 days after the termination of the former marriage.
PRESUMPTIONS ON THE STATUS OF LEGITIMACY
OF THE CHILD (ART 168 &169)

2. Access not presumed after the termination of marriage.

 If the child is born after 180 days following the solemnization of the subsequent
marriage it is presumed that the child belongs to the subsequent marriage, even if
the child was born 300 days after the termination of the former marriage.

3. Presumption of filiation in case of two marriages.

 The rules of article 180 will not apply in case more convincing proof is present that
the father from the former marriage is the father of the child, or the father from the
subsequent marriage is the father of the child. The presumptions stated in article 168,
applies when there is absence of proof to the contrary.
PRESUMPTIONS ON THE STATUS OF LEGITIMACY
OF THE CHILD (ART 168 &169)
4. No presumption for a child born after 300 days after
termination of marriage.
 The child born under this situation is neither legitimate or illegitimate. The law leaves
whoever may allege such legitimacy or illegitimacy, burden of proof. Proof of filiation is
necessary only when the legitimacy of child is questioned. In the case of People v
Velasquez where sexual intercourse was said to have happened on February 11, 1966
and the child was said to have been born on December 22, 1966. Under Our laws, a
child born after three hundred days from possible conception is not accorded any
presumption either of legitimacy or illegitimacy. Whoever alleged the paternity of the
child, whether legitimate or illegitimate, must prove such allegation (Article 261, Civil
Code; Section 6, Rule 131, Rules of Court [now Article 169 of the Family Code]). It is
accordingly believed that sexual intercourse between the complainant and the appellant
did not terminate on February 11, 1966, as averred by the complainant, but continued
for several times thereafter as asserted by appellant.
 MOTHER AGAINST LEGITIMACY (ART 167)
An assertion by the mother against the legitimacy of the child cannot affect the legitimacy of the
child born or conceived within a valid marriage. The foregoing rule has been applied for the
following reasons:
1. Aroused by anger or in order to make her husband jealous, the wife nay have made this
declaration.
2. The reason why the article is established as a guaranty in favor of the children so that their
conditions will not be under the mercy of their parents.
3. At the time of conception when a woman cohabits with two men, during the same period by
whom the child is begotten, it is still possible that the child belongs to the husband.
4. If the court gives credence to the wife’s statement, this allows her to claim unto herself a right
which is exclusively lodged in the husband, or in some cases his heirs.
5. For reasons of public decency and morality, a married woman cannot claim that she had no
intercourse with her husband and that her child is illegitimate.
ACTION TO IMPUGN LEGITIMACY (ART 170)
Legitimacy of a child cannot be impugned collaterally, the same
must be questioned only in a direct action. Direct action is when the
husband is presumed the be the father of the wife’s child, but is
denying such claim based on the grounds set by article 166 of the
Family Code. Therefore, if the claim is that the child belongs to the
wife but not the husband, that is properly impugning the legitimacy
of the child. However, if the claim is that the child is not both the
husband’s and the wife’s, it is not impugning the legitimacy of the
child.
WHO MAY IMPUGN CHILD’S LEGITIMACY
Only the husband can impugn the legitimacy of the child born to
his wife. This is due to the fact that, he is the one that is directly
confronted by the issue, scandal and ridicule which the infidelity of
his wife produces and he should be the one to decide conceal the
infidelity or expose it in view of the moral and economic interest
involved.
WHO MAY IMPUGN CHILD’S LEGITIMACY
The heirs may exceptionally be allowed to impugn the child’s
legitimacy in the following instances:
1. If the husband should die before the expiration of the period fixed for
bringing his action
2. If the husband should die after the filing of the complaint without having
desisted therefrom
3. If the child was born after the death of the husband
4. Outside of these cases, none even the husband’s heirs can impugn
legitimacy; that would amount to an insult in his memory.
PRESCRIPTION IN WHICH THE HEIRS OF
HUSBAND CAN IMPUGN FILIATION OF THE
CHILD (ART 171)
1. One (1) year from knowledge of the birth or its recording in the civil
register, if the impugner resides in the city or municipality where the birth
took place or was recorded;
2. Two (2) years from knowledge of the birth or its recording in the civil
register, if the impugner resides in the Philippines other than in the city or
municipality where the birth took place or was recorded; and
3. Three (3) years, if the impugner resides abroad;
If the birth of the child has been concealed from or was unknown to the
husband or his heirs, the period shall be counted from the discovery or
knowledge of the birth of the child or of the fact of registration of the birth,
whichever is earlier.
WHEN IS PROOF OF FILIATION NEEDED?(ART 172)
1. When the legitimacy of the child is being questioned.
2. When the status of a child born after 300 days following the
termination of marriage is sought to be established.
If the child had been recognized by any of the modes in the first
paragraph of Art 172, there is no further need to file any action
for acknowledgment – it is consummated act.
PROOF OF FILIATION (ART 172)
1. His record of birth appearing in the civil register;
 A prima facie evidence of filiation and a high degree of proof is needed
to overthrow the presumption of truth contained in such public document.
 To be considered competent evidence of paternity, the putative father
must have had a hand in the preparation of the birth certificate
 Birth certificate registered in Civil Registry General prevails over the one
recorded in the Local Civil Registry.
2. A final judgment declaring his status;
PROOF OF FILIATION (ART 172)
3. An admission of his legitimate filiation by his parent or
parents in a public document or a private handwritten
instrument and signed by said parent or parents.

 Filiation may be proved by an admission of legitimate (or illegitimate)

filiation in a public document or a private handwritten instrument and
signed by the parent concerned consummate act of acknowledgment of
the child, and no further court action is required.
 Admission must be made personally by the parent himself of herself, not
by any relative
PROOF OF FILIATION (ART 172)
PUBLIC DOCUMENT PRIVATE DOCUMENT
Written admission of filiation Requirements:
embodied in the public
1. That there must be the
document purposely executed
statement of admission of
as an admission of filiation
filiation
2. The handwritten instrument
must be signed by the parent
concerned.
ABSENCE OF EVIDENCE (ART 172)
1. Open and continuous possession of the status of a legitimate
child
 Enjoyment by the child of the position and privileges usually
attached to the status of a legitimate child, like bearing the
paternal surname, treatment by the parent and family of the
child as legitimate, constant attendance to the child’s support
and education, and giving the child reputation of being a child
of his parents
ABSENCE OF EVIDENCE (ART 172)
2. Any other means allowed by Rules of Court and Special
Laws
 May consist of the child’s baptismal certificate, a judicial
admission, a family bible in which the child’s name has been
entered, common reputation respecting the child’s pedigree,
admission under Rule 130 of the Rules of Court
1. Baptismal Certificate
2. Physical Resemblance
3. Blood Test
4. DNA Test
WHEN CAN THE CHILD BRING ACTION TO CLAIM
HIS STATUS AS A LEGITIMATE CHILD (ART 173)
1. The child can bring the action during his of her entire
lifetime (not during the lifetime of the parents) and even
after the death of the parents. In other words, the action
does not prescribe as long as he lives.
2. If the child is minor, or is incapacitated or insane, his
guardian can bring the action in his behalf.
CAN THE HEIRS BRING THE ACTION FOR THE
CHILD AFTER THE LATTER’S DEATH
1. If the child dies after reaching majority without bringing such an
action, his heirs can no longer file the action after this death.
2. If the child dies during minority of in a state of insanity, his heirs can
file the action for him within five years from the child’s death.
3. If the child dies after commencing the action, the action wll survive
and the heirs of the child will be substituted for him.
4. The second paragraph of Art. 173 of FC cannot be given retroactive
effect so as to prejudice the other heirs of the putative parent.
RIGHTS OF LEGITIMATE CHILDREN (ART 174)
1. To bear the surnames of the father and the mother, in conformity
with the provision of the Civil Code on Surnames;
2. To receive support from their parents, their ascendants, and in
proper cases, their brothers and sisters, in conformity with the
provisions of this Code n Support; and
3. To be entitled to the legitime and other successional rights
granted to them by the Civil Code.
IS IT OBLIGATORY FOR THE LEGITIMATE CHILD TO
USE HIS FATHER’S SURNAME?
The child’s use of his father’s surname indicates the
family to which he belongs. Hence, it is mandatory or the
child to use the father’s surname.
WHAT IS THE LEGITIME OF A LEGITIMATE CHILD?
The legitime of each child is half of the parents’ estate
divided by the number of legitimate children (Art 888, Civil Code).
In intestate succession, legitimate children inherit equally (per
capita) without distinction as to age or sex, and even if they spring
from different marriages (Art. 979)
PROOF OF FILIATION OF ILLEGITIMATE CHILDREN
(ART 175)
Illegitimate children may establish their illegitimate
filiation in the same way and on the same evidence as
legitimate children.
WHEN CAN THE CHILD BRING AN ACTION TO
CLAIM
The action must be brought within the same period specified in Art 173,
except when the action is based on the second paragraph of Art. 172
(absence of evidence)
• Par. 1, Art. 172 – Illegitimate child has whole lifetime to bring action
• Par. 2, Art. 172 – During the lifetime of the alleged parent only
• A party must be allowed to adduce proof of his illegitimacy to be able to
know whether he falls under Art. 172 par. 1 or 2.
RIGHTS OF ILLEGITIMATE CHILDREN (ART 176)
1. Surname of the mother
•Surname of the mother is used, generally.
But illegitimate children may use the surname of their father if their
filiation has been expressly recognized by the father through:
 Record of birth appearing in the civil registrar
 Admission in a public document or private handwritten instrument made
by the father
 Nevertheless, father has the right to institute an action before the
regular courts to prove non-filiation during his lifetime
2. ½ the legitime of a legitimate child
PARENTAL AUTHORITY
1. Illegitimate child is under the parental authority of the mother
 Father is NOT given parental authority, even if there is recognition on his
part that the child is his.
2. Once parental authority is established, it cannot be waived
except in cases of:
 Adoption
 Guardianship
 Surrender to a children’s home or orphan institution
3. But parental authority can be terminated on legal grounds
provided in FC.
WHO CAN 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.
THE MANDATORY REQUISITES FOR LEGITIMATION:
(ART 177 &178)
1. Parents do not suffer any legal impediment OR are only
disqualified to marry because either or both of them were 18
at the time of the conception of the child by the mother
2. The child has been conceived & born outside a valid marriage
3. The parents subsequently enter into a valid marriage (art
178)
 This last step legitimates the child
 Even a later annulment will not change legitimacy anymore
HOW DOES LEGITIMATION TAKES PLACE (ART
178)
CIVIL CODE FAMILY CODE
Legitimation takes place by the Legitimation takes place only by the
subsequent marriage of the parents subsequent marriage of the parents of
provided the parents acknowledged the the child, and this is so because the
child before or after the marriage. Family Code deleted recognition of
natural children and already confers on
legitimate and illegitimate children their
status at the moment of birth.
RIGHTS OF LEGITIMATED CHILDREN (ART 179)
The effect of legitimation of children is to confer on them the SAME rights
as legitimate children. Thus, they have the right:
1. To bear the surnames of the father and the mother, in conformity with the
provision of the Civil Code on Surnames;
2. To receive support from their parents, their ascendants, and in proper
cases, their brothers and sisters, in conformity with the provisions of this
Code n Support; and
3. To be entitled to the legitime and other successional rights granted to them
by the Civil Code.
EFFECTS OF LEGITIMATION (ART. 180-181)
1. Retroacts to the child’s birth
2. Enjoy the same rights as legitimate children
Legitimation – creates the total & full extent of the blood-
relationship existing within the family, including all
ascendants, descendants & collateral relatives
EFFECTS OF LEGITIMATION (ART. 180-181)
BENEFIT THEIR DESCENDANTS (ART 181)
Art. 195(2) – Legitimate ascendants & descendants
are obliged to support each other
 A great grandparent is obliged to support his great grandchild
 Art. 195(4) – In case there is an illegitimate child involved,
parents are only obliged to support their illegitimate children
& the illegitimate children of the latter only (illegitimate
grandchildren)
BENEFIT TO DESCENDANTS EXAMPLE
Maria and Jose are not married but are capacitated to
marry. They have an illegitimate child, Pedro. Pedro in turn
has a child, Miguel. Miguel then has a child, Jose.
 Miguel, Maria & Jose’s grandchild, is entitled to support from
them. Jose, however, Maria & Jose’s great grandchild, is not
entitled to support
 HOWEVER, if Maria & Jose marry after Pedro dies, Jose will be
entitled to support as the legitimated great grandchild
WHO MAY IMPUGN THE LEGITIMATION OF A
CHILD (ART 182)
Legitimation may be impugned only by those who
are prejudiced in their right.
 Rights here are understood to be successional rights
 Those who can be prejudiced – legal heirs of parents
 If the legitimated child continued to be illegitimate,
said child would only be given half the inheritance of a
legitimate child
ON WHAT GROUNDS MAY LEGITIMATION BE
IMPUGNED (ART 182)
1. The subsequent marriage of the child’s parents is void
2. The child allegedly legitimated is not natural
3. The child is not really the child of the alleged parents
WITHIN WHAT PERIOD MAY IMPUGNATION OF
THE LEGITIMATION BE MADE (ART 182)
Legitimation may be impugned within five (5) years
from the time the cause of action accrues, which is from
the death of the putative parent because before that, the
heirs of the child have no personality to bring the action.
END