Art. 172.

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

1. The record of birth appearing in the civil register of a final judgement; or

2. An admission of legitimate filiation in a public document of 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, 265a)

When is Proof of Filiation needed?

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.

A legitimate child may prove his filiation or status, by any of the following evidences.

a. 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.
b. A final judgment declaring his status;
c. 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

Public Document – Written admission of filiation embodied in the public document purposely
executed as an admission of filiation

Private Handwritten Instrument requirements:

1. That there must be the statement of admission of filiation

2. The handwritten instrument must be signed by the parent concerned.
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

*As to what may constitute open and continuous possession of status of illegitimate child (Jison v. CA)

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
a. Baptismal Certificate
- they can only serve as evidence of the administration of the sacraments on the dates so
specified. (Perla v. Baring
- Just like Birth Certificate, lack of participation of the supposed father in the preparation
renders the document incompetent to prove paternity.
b. Physical Resemblance
- Resemblance between a minor and his alleged parent is competent and material evidence
to establish parentage. (Tijing v CA)
c. Blood Test
- Blood grouping test is not conclusive evidence to prove paternity. (Jao v. CA)
d. DNA Test
- In Lim v. CA the Court rules that DNA testing could not establish paternity considering the
novelty of the technique and the lack of facilities in the country. Four years after, the Court
in Tijing v. CA acknowledged the strong weight of DAN testing and confirmed that the
country has the facility and expertise in using DNA test for identification and parentage
testing.

Art 173. The child 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 state of
insanity. In these cases, the heirs shall have a period of five years within which to institute the action.

The action already commenced by the child shall survive notwithstanding the death of either
of both of the parties.

When can the child bring action to claim his status as legitimate child of prove his filiation as such?

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 noe prescrive
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.

Art. 174. Legitimate children shall 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.

*Article 174 speaks of the rights of legitimate children.

*Is it obligatory for the legitimate child to use his father’s surname?

1. The child’s use of his father’s surname indicates the family to which he belongs.
2. 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 distrinction as to
age or sex, and even if they spring from different marriages (Art. 979)