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.
 Proofs of Establishment
 Birth Certificate (with signature of father)
 Public Document (provided there exists
declaration of paternity)
 Last will and testament
 Notarial agreement
 Science
 Blood grouping (for non-paternity only)
 DNA (even death of putative father)
 Open continuous possession of status
 Acts of affection must not be a single act
 Only a ground to compel, and not
acknowledgment itself
 Private Document (handwritten, declared, and
signed)
 Other means allowed by Rules of Court
 Family bible
 Testimony of relatives of decedent
 Family portraits
 Prescription Period (until when can claim
illegitimacy)
 Lifetime of the child (General Rule, Art. 173)
 Transmissible if (1) minor died, (2) he/she is in
state of insanity; must be within 5 years if
transmitted to heir.
 Lifetime of the alleged parent (Exception, Art.
172)
 Procedural Aspects for Filiation
 Prima facie case (case backed by valid proofs,
unless proven otherwise by affirmative
defenses)
 Affirmative defenses (only 2)
 Incapability of sexual relations (due to
physical impossibility or impotency)
 Mother had sexual relations with other men
 Presumption of legitimacy
 Physical resemblance between father and child
 Effects of Age in Action of Filiation
 If still minor upon effectivity of Family Code,
right for action is retained
 If already of age, right for action is revoked
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. However, illegitimate children MAY use
the surname of their father if their filiation has been
expressly recognized by the father through the record
of birth appearing in the civil register, or when an
admission in a public document or private handwritten
instrument is made by the father. Provided, the father
has the right to institute an action before the regular
courts to prove non-filiation during his lifetime. The
legitime of each illegitimate child shall consist of one-
half of the legitime of a legitimate child.
 Note: Even if recognized by father, he cannot
compel child to use surname (MAY USE)