TITLE VI

PATERNITY AND FILIATION

Chapter 1. Legitimate Children
Chapter 2. Proof of Filiation
Chapter 3. Illegitimate Children
Chapter 4. Legitimated Children
CONCEPT
Paternity
- civil status of the father in relation to his
child

Filiation
- civil status of the child in relation to his or
her parents
CONCEPT
Importance of establishing paternity and
filiation: determination of rights and
obligations
- use of surname
- parental authority, child custody
- support
- inheritance
CONCEPT
The law is concerned with the
establishment of paternity only and not
maternity
- nature always points out the mother by
evident signs
- the mother is always certain as to her
maternity, whether married or not; the father
is not
- the mother may not know or may feign
ignorance as to the paternity

Chapter 1.
LEGITIMATE CHILDREN
A163 Types of Filiation
1. By nature
- established by blood relationship
a) Legitimate A164
b) Illegitimate A165
2. By adoption
- a juridical act which creates between
two persons a relationship similar to that
arising from legitimate filiation

A164 Legitimate Children
1. Children conceived or born DURING the
marriage of the parents

2. Children conceived as a result of artificial
insemination (AI)

A164(1) Children of valid marriages
1. Children
a. conceived before marriage, born during marriage
b. conceived during marriage, born during marriage
c. conceived during marriage, born after dissolution
of marriage (subject to A168)

2. Children conceived or born in a voidable
marriage A54

A164(2) Artificial Insemination
- It is the introduction of semen into the
vagina other than by coitus

Classification:
1. A.I.H. Artificial Insemination Husband
(homologous)
2. A.I.D. Aritificial Insemination Donor
(heterologous)
3. A.I.H.D Artificial Insemination Donor or
Confused Artificial Insemination
A164(2) Artificial Insemination
- Subsumed under NATURAL FILIATION;
child produced is considered LEGITIMATE
- Although in reality, the husband may not
be related to the child
A164(2) Artificial Insemination
Requisites:
1. Artificial insemination of the wife
a. With sperm of husband
b. With sperm of a donor
c. With sperm of both
2. That both spouses authorized or ratified the
AI
3. Written instrument
a. Executed and signed by both
b. Before the birth of the child
c. Recorded in the civil registry with the birth certificate



A164(2) Artificial Insemination
Material: Consent of spouses
- Considered natural and legitimate filiation
despite the absence of a blood
relationship between the husband and the
child
- Bars invocation of A166(1)(c)
A164(2) Artificial Insemination
Surrogacy not contemplated by the FC

surrogacy
- A procedure whereby a woman conceives
and carries a child for someone else either
free of charge or for a consideration
a. traditional
b. gestational
A164(2) Artificial Insemination
Surrogacy not contemplated by the FC
- In Philippine jurisdiction, such agreement
is contrary to law, morals, and public policy
- What the law allows is the AI of the mother
with the sperm of her husband or of a
donor
- Not even surrogacy of a woman using the
husbands sperm is recognized
A164(2) Artificial Insemination
Status of children in surrogacy
- Cannot be considered legitimate as to the
husband and wife, notwithstanding their
consent to the surrogacy contract
- The child may only establish a filiation with
the father as an illegitimate child, but he is
in no way related to the wife

In Re: Baby M (1988)
Facts:
Mary Beth Whitehead agreed to a (traditional)
surrogacy contract in favor of the spouses
Elizabeth and William Stern. She agreed to
surrender the baby after birth to the natural father
and his wife.
After the birth of the child, the Whiteheads no
longer wished to surrender the baby. The Sterns
asked the court to enforce the surrogacy contract
and filed a complaint for the custody of the child.
The lower court favored the Sterns.
In Re: Baby M (1988)
Held:
The surrogacy contract is unenforceable for
being in direct conflict with existing laws and public
policies:
1. The involvement of money makes the
transaction tantamount to baby-selling
2. The termination of parental rights and visitation
rights is based on a stipulation and not on the
governing laws (e.g. fitness, abandonment)
3. Unlike in adoption, which is revocable, the
surrender of custody in this case is permanent
J ohnson v. Calvert (1993)
Facts:
A couple entered into a (gestational) surrogacy
contract with nurse Anne Johnson. The couples
egg and sperm cells were implanted on Johnson.
They were to pay $200,000 for her life insurance.
In return, Johnson is to surrender the child.
The relations between them soured. Johnson
wanted to retain custody of the baby.

J ohnson v. Calvert (1993)
Held:
The gestational mother cannot claim custody of
the child as she is not the genetic, biological and
natural parent thereof. The baby was a product of
the egg and sperm cells of the spouses.
The court considers the parties intention, or
from whom the concept of the child emanated. This
contract was NOT INCONSISTENT WITH PUBLIC
POLICY.

A165 Illegitimate Children
1. Children conceived and born outside a
valid marriage.
- outside of wedlock
- void marriages
* Exception: Unless otherwise provided in
the FC
- A54: void marriages under A36 and A53
- A43(1): void marriages under A41, A42

Status of Marriage: Importance
VALID
MARRIAGE
VOIDABLE

VOID NO MARRIAGE
Legitimate A164 Legitimate A54 Illegitimate A165

Illegitimate A165

-Legal separation
-De facto
separation
Legitimate A54
- Psychological
incapacity A36
- Non compliance with
A52, A36(6), A53

Legitimate A43(1)
- Subsequent
marriages contracted
in good faith A41,
A42
Unless
legitimated A177
CASE LAW
Perido v. Perido (1975)
Facts:
Lucio Perido had 3 children from his first marriage
and 5 children from the second marriage. Upon his
death, his surviving children and grandchildren
executed an extrajudicial partition of his estate.
The heirs from the first marriage alleges the
illegitimacy and successional rights of those from the
second marriage based on the following:
a. children from 2
nd
marriage was born before death
of first wife
b. the land certificate indicated that Lucio Peridos
civil status was SINGLE

Perido v. Perido (1975)
Held:
The children from the 2
nd
marriage are
illegitimate. There being no cogent proof of the
inexistence of the 2
nd
marriage, the presumption in
favor of marriage shall prevail. The civil status in
the land certificates cannot overcome such
presumption.
The birth of the children from the 2
nd
marriage
was likewise proven to have occurred after the
death of the wife from the 1
st
marriage.

Liyao v. Liyao (2002)
Facts:
A woman who has been separated in fact with her
husband cohabited with a married man and gave birth
to William Liyao Jr. The son claims to be an illegitimate
son of Liyao Sr. and asks for the latters legal family for
recognition as compulsory heir. He presented proofs of
his being a recognized illegitimate son.
The CA ruled against the declaration of illegitimacy,
upholding the presumption of legitimacy arising from
Liyao Jr.s mothers subsisting marriage.
Liyao v. Liyao (2002)
Held:
The law favors the legitimacy rather than the
illegitimacy of the child. Liyao Jr. CANNOT
CHOOSE HIS OWN FILIATION. The fact that
Corazons husband, did not impugn the legitimacy
of the child fixed the latters status as legitimate.
The child cannot choose to be the child of his
mothers alleged paramour.