B.3 Adopted Children RA 8552, Sec.

17

Section 17. Legitimacy. The adoptee shall be considered the legitimate son/daughter of the adopter(s)
for all intents and purposes and as such is entitled to all the rights and obligations provided by law to
legitimate sons/daughters born to them without discrimination of any kind. To this end, the adoptee is
entitled to love, guidance, and support in keeping with the means of the family.

Legitimated Children, Art. 177, 178, Family Code

This was the old provision of article 177 which amended by RA 9858;
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.

This is the new provision which is already amended;

Art. 177. 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 were disqualified only
because either or both of them were below eighteen (18) years of age, may be legitimate. (As amended
by Republic Act No. 9858)

Prior to the enactment of RA 9858 the only remedy to vest equal rights to an illegitimate child by his
parent is through adoption. A legally adopted child of the adopted has the same right as that of a
legitimate child of the adopter as to the rights arising from the adopter.
But now, because of RA 9858,the legal impediment by reason of age is not included, hence, a child
conceived of parents where one or both of the parties is under 18 years of age may now be legitimated
and enjoy the same rights as that of a legitimate child.

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The
annulment of a voidable marriage shall not affect the legitimation.

B.4 Rights of Legitimate Children

Article 173. The wife may, during the marriage, and within ten years from the transaction questioned, ask
the courts for the annulment of any contract of the husband entered into without her consent, when such
consent is required, or any act or contract of the husband which tends to defraud her or impair her interest
in the conjugal partnership property. Should the wife fail to exercise this right, she or her heirs, after the
dissolution of the marriage, may demand the value of property fraudulently alienated by the husband. (n)

Article 174. With the exception of moderate donations for charity, neither husband nor wife can donate
any property of the conjugal partnership without the consent of the other. (n)

Use of Surnames (n)

Article 364. Legitimate and legitimated children shall principally use the surname of the father.

Article 374. In case of identity of names and surnames, the younger person shall be obliged to use such
additional name or surname as will avoid confusion.

Article 376. No person can change his name or surname without judicial authority.

Article 888. The legitime of legitimate children and descendants consists of one-half of the hereditary
estate of the father and of the mother.

Article 979. Legitimate children and their descendants succeed the parents and other ascendants, without
distinction as to sex or age, and even if they should come from different marriages.
B.4.1 Use surname of father

Case: 1. Naldoza vs. Republic

B.4.2 Continuous possession of status

The pertinent provisions of Art. 283 of the Civil Code state:

Article 283. In any of the following cases, the father is obliged to recognize the child as his natural
child:
....
2. When the child is in continuous possession of status of a child of the alleged father by the
direct acts of the latter or his family;

The word continuous in subsection 2 of article 135 of the Civil Code does not mean that the concession of
status shall continue forever, but only that it shall not be of an intermittent character while it continues.

Case: 2. Ong vs. CA

Case: 3. Heirs of Valentin Basbas vs. Basbas

C. Illegitimate children

1. Who are considered illegitimate

a. Under New Civil Code

1. Children born to couples who are not legally married or of common-law

marriages;
2. Children born of incestuous marriages;
3. Children born of bigamous marriages;
4. Children born of adulterous relations between parents;
5. Children born of marriages void for reason of public policy under Article 38 of
the Family Code;
6. Children born of couples below 18, where they are married or not;
7. Children born of other void marriages under Article 15 unless otherwise
provided.

b. Under Family Code Art. 165

Children conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in the Family Code of the Philippines (Article 165 of the Family Code).

1.1 Status and filiation cannot be compromised

Case: 4. Uy vs. Chua

2. Rights of illegitimate children

Art. 172. The filiation of legitimate children is established by any of the following:

(1) The record of birth appearing in the civil register or a final judgment; or

(2) An admission of legitimate filiation in a public document or a private handwritten

instrument and signed by the parent concerned.

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; or

(2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)

Art. 173. The action to claim legitimacy may be brought by the child during his or her
lifetime 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.

Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and
on the same evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except when the
action is based on the second paragraph of Article 172, in which case the action may be
brought during the lifetime of the alleged parent. (289a)

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority
of their mother, and shall be entitled to support in conformity with this Code. The legitime of
each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except
for this modification, all other provisions in the Civil Code governing successional rights
shall remain in force. (287a)

2.1 To be under parental authority of the mother

Case: 5. Briones vs. Miguel .

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority
of their mother, and shall be entitled to support in conformity with this Code. The legitime of
each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except
for this modification, all other provisions in the Civil Code governing successional rights
shall remain in force. (287a)

Case: 6. Grande vs. Antonio

Art. 176 gives illegitimate children the right to decide if they want to use the surname of their
father or not. It is not the father (herein respondent) or the mother (herein petitioner) who is
granted by law the right to dictate the surname of their illegitimate children.

2.2 To be named as beneficiary in an insurance policy

Case: 7. Heirs of Loreto Maramag vs Maramag

Section 53 of the Insurance Code states:

SECTION 53. The insurance proceeds shall be applied exclusively to the proper interest
of the person in whose name or for whose benefit it is made unless otherwise specified in
the policy.

Any person who is forbidden from receiving any donation under Article 739 cannot be named
beneficiary of a life insurance policy of the person who cannot make any donation to him,
 according to said article (Art. 2012, Civil Code). If a concubine is made the beneficiary, it is
believed that the insurance contract will still remain valid, but the indemnity must go to the legal
heirs and not to the concubine, for evidently, what is prohibited under Art. 2012 is the naming of
the improper beneficiary. In such case, the action for the declaration of nullity may be brought by
the spouse of the donor or donee, and the guilt of the donor and donee may be proved by
preponderance of evidence in the same action (Comment of Edgardo L. Paras, Civil Code of
the Philippines, page 897)

2.3 Use of Surname

Case: 8. De la Cruz vs. Gracia

Article 176 of the Family Code, as amended by R.A. 9255, permits an illegitimate child to use
the surname of his/her father if the latter had expressly recognized him/her as his offspring
through the record of birth appearing in the civil register, or through an admission made in a
public or private handwritten instrument. The recognition made in any of these documents is, in
itself, a consummated act of acknowledgment of the childs paternity; hence, no separate action
for judicial approval is necessary.[19]

D. Action to impugn legitimacy

D.1 It cannot be collaterally attacked

Case: 9 Reyes vs. Mauricio

The legitimacy of the child cannot be contested by way of defense or as a collateral issue
in another action for a different purpose. The necessity of an independent action directly
impugning the legitimacy is more clearly expressed in the Mexican code (article 335)
which provides: The contest of the legitimacy of a child by the husband or his heirs must
be made by proper complaint before the competent court; any contest made in any other
way is void. This principle applies under our Family Code. Articles 170 and 171 of the
code confirm this view, because they refer to the action to impugn the legitimacy. This
action can be brought only by the husband or his heirs and within the periods fixed in the
present articles.[21]

D.2 Grounds Art. 166, Family Code

Art. 166. Legitimacy of a child may be impugned only on the following grounds:

(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;

(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. (255a)

a. Physical impossibility of access

Case: 10. Macandangdang vs. CA

the physical impossibility of access between husband and wife within the first 120 days of the
300 which preceded the birth of the child. This physical impossibility of access may be caused
by any of these:

1. Impotence of the husband;

2. Living separately in such a way that access was impossible and
3. Serious illness of the husband.

Article 256 of the Civil Code which provides that the child is presumed legitimate although
the mother may have declared against its legitimacy or may have been sentenced as an
adulteress. Hence, good morals and public policy require that a mother should not be permitted
to assert the illegitimacy of a child born in wedlock in order to obtain some benefit for herself.

b. Tuberculosis does not prevent carnal intercourse

Case: 11. Andal vs. Macaraig

ID.; ID.; PRESUMPTION OF LEGITIMACY UPHELD; TUBERCULOSIS DOES NOT

PREVENT CARNAL INTERCOURSE. Although the husband was already suffering from
tuberculosis and his condition then was so serious that he could hardly move and get up from his
bed, his feet were swollen and his voice hoarse, yet that is no evidence of impotency, nor does it
prevent carnal intercourse. There are cases where persons suffering from this sickness can do the
carnal act even in the most crucial stage because they are more inclined to sexual intercourse. As
an author has said, "the reputation of the tuberculous towards eroticism (sexual propensity) is
probably dependent more upon confinement to bed than the consequences of the disease." (An
Integrated Practice to Medicine, by Hyman, Vol. 3, p. 2202.)

c. Biological or other scientific grounds

A.M. No 06-11-5-SC (Rule on DNA Evidence)

RULE ON DNA EVIDENCE

SECTION 1. Scope. This Rule shall apply whenever DNA evidence, as defined in Section 3 hereof, is offered, used, or proposed to be offered
or used as evidence in all criminal and civil actions as well as special proceedings.

Sec. 2. Application of other Rules on Evidence. In all matters not specifically covered by this Rule, the Rules of Court and other pertinent
provisions of law on evidence shall apply.

Sec. 3. Definition of Terms. For purposes of this Rule, the following terms shall be defined as follows:

a. Biological sample means any organic material originating from a persons 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;
b. DNA means deoxyribonucleic acid, which is the chain of molecules found in every nucleated cell of the body. The totality of an
individuals DNA is unique for the individual, except identical twins;
c. DNA evidence constitutes the totality of the DNA profiles, results and other genetic information directly generated from DNA
testing of biological samples;
d. 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;
e. 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
f. 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.

Sec. 4. 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. Such order shall issue after due hearing and notice to the parties upon a
showing of the following:

a. A biological sample exists that is relevant to the case;

b. The biological sample: (i) was not previously subjected to the type of DNA testing now requested; or (ii) was previously subjected to
DNA testing, but the results may require confirmation for good reasons;
c. The DNA testing uses a scientifically valid technique;
d. The DNA testing has the scientific potential to produce new information that is relevant to the proper resolution of the case; and
e. The existence of other factors, if any, which the court may consider as potentially affecting the accuracy of integrity of the DNA
testing.

This Rule shall not preclude a DNA testing, without need of a prior court order, at the behest of any party, including law enforcement agencies,
before a suit or proceeding is commenced.

Sec. 5. DNA Testing Order. If the court finds that the requirements in Section 4 hereof have been complied with, the court shall

a. Order, where appropriate, that biological samples be taken from any person or crime scene evidence;
b. Impose reasonable conditions on DNA testing designed to protect the integrity of the biological sample, the testing process and the
reliability of the test results, including the condition that the DNA test results shall be simultaneously disclosed to parties involved in
the case; and
c. If the biological sample taken is of such an amount that prevents the conduct of confirmatory testing by the other or the adverse party
and where additional biological samples of the same kind can no longer be obtained, issue an order requiring all parties to the case or
proceedings to witness the DNA testing to be conducted.

An order granting the DNA testing shall be immediately executory and shall not be appealable. Any petition for certiorari initiated therefrom
shall not, in any way, stay the implementation thereof, unless a higher court issues an injunctive order. The grant of DNA testing application shall
not be construed as an automatic admission into evidence of any component of the DNA evidence that may be obtained as a result thereof.

Sec. 6. Post-conviction DNA Testing. Post-conviction DNA testing may be available, without need of prior court order, to the prosecution or
any person convicted by final and executory judgment provided that (a) a biological sample exists, (b) such sample is relevant to the case, and (c)
the testing would probably result in the reversal or modification of the judgment of conviction.

Sec. 7. Assessment of probative value of DNA evidence. In assessing the probative value of the DNA evidence presented, the court shall
consider the following:

a. The chair of custody, including how the biological samples were collected, how they were handled, and the possibility of
contamination of the samples;
b. The DNA testing methodology, including the procedure followed in analyzing the samples, the advantages and disadvantages of the
procedure, and compliance with the scientifically valid standards in conducting the tests;
c. The forensic DNA laboratory, including accreditation by any reputable standards-setting institution and the qualification of the analyst
who conducted the tests. If the laboratory is not accredited, the relevant experience of the laboratory in forensic casework and
credibility shall be properly established; and
d. The reliability of the testing result, as hereinafter provided.

The provisions of the Rules of Court concerning the appreciation of evidence shall apply suppletorily.

Sec. 8. Reliability of DNA Testing Methodology. In evaluating whether the DNA testing methodology is reliable, the court shall consider the
following:

a. The falsifiability of the principles or methods used, that is, whether the theory or technique can be and has been tested;
b. The subjection to peer review and publication of the principles or methods;
c. The general acceptance of the principles or methods by the relevant scientific community;
d. The existence and maintenance of standards and controls to ensure the correctness of data generated;
e. The existence of an appropriate reference population database; and
f. The general degree of confidence attributed to mathematical calculations used in comparing DNA profiles and the significance and
limitation of statistical calculations used in comparing DNA profiles.

Sec. 9. of DNA Testing Results. In evaluating the results of DNA testing, the court shall consider the following:

a. The evaluation of the weight of matching DNA evidence or the relevance of mismatching DNA evidence;
b. The results of the DNA testing in the light of the totality of the other evidence presented in the case; and that
c. DNA results that exclude the putative parent from paternity shall be conclusive proof of non-paternity. If the value of the Probability
of Paternity is less than 99.9%, the results of the DNA testing shall be considered as corroborative evidence. If the value of the
Probability of Paternity is 99.9% or higher there shall be a disputable presumption of paternity.
Sec. 10. Post-conviction DNA Testing Remedy if the Results Are Favorable to the Convict. The convict or the prosecution may file a petition
for a writ of habeas corpus in the court of origin if the results of the post-conviction DNA testing are favorable to the convict. In the case the
court, after due hearing finds the petition to be meritorious, if shall reverse or modify the judgment of conviction and order the release of the
convict, unless continued detention is justified for a lawful cause.

A similar petition may be filed either in the Court of Appeals or the Supreme Court, or with any member of said courts, which may conduct a
hearing thereon or remand the petition to the court of origin and issue the appropriate orders.

Sec. 11. Confidentiality. DNA profiles and all results or other information obtained from DNA testing shall be confidential. Except upon order
of the court, a DNA profile and all results or other information obtained from DNA testing shall only be released to any of the following, under
such terms and conditions as may be set forth by the court:

a. Person from whom the sample was taken;

b. Person from whom the sample was taken;
c. Lawyers of private complainants in a criminal action;
d. Duly authorized law enforcement agencies; and
e. Other persons as determined by the court.

Whoever discloses, utilizes or publishes in any form any information concerning a DNA profile without the proper court order shall be liable for
indirect contempt of the court wherein such DNA evidence was offered, presented or sought to be offered and presented.

Where the person from whom the biological sample was taken files a written verified request to the court that allowed the DNA testing for the
disclosure of the DNA profile of the person and all results or other information obtained from the DNA testing, he same may be disclosed to the
persons named in the written verified request.

Sec. 12. Preservation of DNA Evidence. The trial court shall preserve the DNA evidence in its totality, including all biological samples, DNA
profiles and results or other genetic information obtained from DNA testing. For this purpose, the court may order the appropriate government
agency to preserve the DNA evidence as follows:

a. In criminal cases:

i. for not less than the period of time that any person is under trial for an offense; or
ii. in case the accused is serving sentence, until such time as the accused has served his sentence;

a. In all other cases, until such time as the decision in the case where the DNA evidence was introduced has become final and executory.

The court may allow the physical destruction of a biological sample before the expiration of the periods set forth above, provided that:

a. A court order to that effect has been secured; or

b. The person from whom the DNA sample was obtained has consented in writing to the disposal of the DNA evidence.

Sec. 13. Applicability to Pending Cases. Except as provided in Section 6 and 10 hereof, this Rule shall apply to cases pending at the time of its
effectivity.

Sec. 14. Effectivity. This Rule shall take effect on October 15, 2007, following publication in a newspaper of general circulation.

Art. 170. The action to impugn the legitimacy of the child shall be brought within one 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.

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, the period shall be two years if they should reside in the Philippines;
and three years if 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 said birth, whichever is earlier. (263a)

Art. 171. 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 died 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. (262a)

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