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]
 LEGITIMATE CHILDREN:
– a. Children conceived or born during the marriage of the parents are legitimate.
– b. 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-
1. Authorization or ratification of the insemination by both husband and wife.
[Note: authorization occurs before the insemination; ratification happens after the
insemination].
2. The authorization or ratification must be in writing.
3. The instrument must be executed and signed before the child‘s birth by
both the husband and wife.
4. The instrument must be recorded in the civil registry together with the birth
certificate of the child.
 ILLEGITIMATE CHILDREN:
– General Rule: Children conceived and born outside a valid marriage are
illegitimate, unless otherwise provided in this code.
– Exceptions:
a. Children of voidable marriages
b. Children of void marriages in two instances
i) Children conceived of a marriage void under Article 36, before final judgment
was rendered annulling the marriage.
ii) Children conceived of a marriage under Article 53.
TWO TYPES OF
ILLEGITIMATE CHILDREN:
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.
 *Right to Bear Surname of Father
*Use Mother’s Surname
*Joint Authority of Parents

*Under the Sole

*Preferential Right to Support Parental Authority of
Over Mother If Father Has No Mother
Sufficient Means to Meet Both
Claims *No Such Preference
illegitimate
legitimate

*Entitled to Inheritance *Entitled to 1/2 of

Legitimate Child’s
Inheritance
*Primary Beneficiaries
*Not Primary Beneficiaries
*Father Is Entitled to Paternity Leave
of 7 days With Full Pay *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)

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.
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)
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)
(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.
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
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
 Who may file and when to file
The action to claim legitimacy may be brought by the child
during his or her lifetime (not the lifetime of the parents) 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 (Art. 174, FC)
 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 petitioner rented 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

“ By thVicente 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)

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.
PROOF OF ILLEGITIMACY

Article 172 (1) FC

The record of birth appearing in the civil register or

final judgment.
Even if the putative father, did not sign the 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.
PROOF OF ILLEGITIMACY

Article 172 (2) FC

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
(NEPOMUCENO V. LOPEZ, G.R. NO. 181258, MARCH 18, 2010)
a court of record.

(NEPOMUCENO V. LOPEZ, G.R. NO. 181258, MARCH 18, 2010)

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)
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)

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)
PROOF OF ILLEGITIMACY

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;
PROOF OF ILLEGITIMACY

“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
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)
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)
PROOF OF ILLEGITIMACY

Article 172 FC
(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)
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)
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
“The 2004 case of Tecson v. Commission on Elections [G.R. No. 161434, 3
March 2004, 424 SCRA 277] likewise reiterated the acceptance of DNA
testing in our jurisdiction in this wise: In case proof of filiation or paternity
would be unlikely to satisfactorily establish or would be difficult to obtain,
DNA testing, which examines genetic codes obtained from body cells of the
illegitimate child and any physical residue of the long dead parent could be
resorted to.”

(Estate of Ong v Diaz, G.R. No. 171713 Dec 17. 2007)

– “DNA” means deoxyribonucleic acid, which is the chain of molecules
found in every nucleated cell of the body. The totality of an individual’s
DNA is unique for the individual, except identical twins;

– “DNA evidence” constitutes the totality of the DNA profiles, results and
other genetic information directly generated from DNA testing of
biological samples;

– “DNA profile” means genetic information derived from DNA testing of a

biological sample obtained from a person, which biological sample is
clearly identifiable as originating from that person;
– “DNA testing” means verified and credible scientific methods which include the
extraction of DNA from biological samples, the generation of DNA profiles and the
comparison of the information obtained from the DNA testing of biological samples for
the purpose of determining, with reasonable certainty, whether or not the DNA
obtained from two or more distinct biological samples originates from the same person
(direct identification) or if the biological samples originate from related persons (kinship
analysis); and

– “Probability of Parentage” 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.
DNA FINGERPRINTING
“There are four significant procedural aspects of a traditional
paternity action which the parties have to face: a prima facie case,
affirmative defenses, presumption of legitimacy, and physical
resemblance between the putative father and the child.”
(Herrera v Alba, 460 SCRA 197)
“Fortunately, we have now the facility and expertise in using DNA test for
identification and parentage testing. The University of the Philippines Natural
Science Research Institute (UP-NSRI) DNA Analysis Laboratory has now the
capability to conduct DNA typing using short tandem repeat (STR)
analysis. The analysis is based on the fact that the DNA of a child/person has
two (2) copies, one copy from the mother and the other from the father. xxx,
courts should not hesitate to rule on the admissibility of DNA evidence. For it
was said, that courts should apply the results of science when competently
obtained in aid of situations presented, since to reject said result is to deny
progress. XXX “

(Tijing v. Court of Appeals, G.R. No. 125901, March 8, 2001)

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.”

(Lucas v. Lucas, G.R. No. 190710, June 6, 2011)

“It is not enough to state that the childs DNA profile matches that of the putative father.
A complete match between the DNA profile of the child and the DNA profile of the
putative father does not necessarily establish paternity. For this reason, following the
highest standard adopted in an American jurisdiction, trial courts should require at least
99.9% as a minimum value of the Probability of Paternity (W) prior to a paternity
inclusion. W is a numerical estimate for the likelihood of paternity of a putative father
compared to the probability of a random match of two unrelated individuals. An
appropriate reference population database, such as the Philippine population database,
is required to compute for W. Due to the probabilistic nature of paternity inclusions, W
will never equal to 100%. However, the accuracy of W estimates is higher when the
putative father, mother and child are subjected to DNA analysis compared to those
conducted between the putative father and child alone.”
(Herrera v Alba, 460 SCRA 197)
 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)
Illegitimate Children: Article 176 Family Code

– Who may file an action for compulsory recognition?

 Illegitimate children may establish their illegitimate filiation in
the same way and on the same evidence as legitimate children.

– 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)
 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
 May use father’s surname – express recognition of filiation
 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.
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
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
ILLEGITIMATE CHILDREN: RIGHTS

2. Be entitled to support in Conformity with this Code

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

– People v. Glabo
– Article 345, RPC: Monthly Support
1. Indemnification;
2. 2. Acknowledgment,
3. 3. Support
– 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)

 Art. 3 of PD 603 (Rights of a Child)
 Atmosphere of morality and rectitude
 Protection

 Article 220 of the New Civil Code

 Love, affection, advice and counsel, companionship and understanding
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
 Art. 269 Civil Code

“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.”
 RA 9858 (Dec 20, 2009)

“An Act Providing for Legitimation of

Children Born to Parents Below Marrying
Age, Amending for the purpose the Family
Code of the Philippines”
 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.”
 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
*(In Re: Enriquez, 29 Phil 167)
Being a Catholic priest is
not an impediment
 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.