TITLE V.
— THE FAMILY - Also, joint management or administration does
Chapter 1
THE FAMILY AS AN INSTITUTION
Article 149. The family, being the foundation of the
nation, is a basic social institution which public policy
cherishes and protects. Consequently, family relations
are governed by law and no custom, practice or
agreement destructive of the family shall be
recognized or given effect. (216a, 218a)
- the State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic
social institution
DESTRUCTIVE AGREEMENTS
- Family relations are governed by law and no
custom, practice or agreement destructive of the
family shall be recognized or given effect. Hence,
an agreement that, while the marriage is
subsisting, the husband can have a concubine or
the wife can enter into an adulterous relationship
is void.
- However, such void agreement’s only legal
significance is to invoke it as an evidence showing
“consent” to the sexual infidelity of the husband or
the wife in cases of legal separation.
PARTIES IN COURT CASE
- According to Section 4, Rule 3 of the 1997 Rules of
Civil Procedure, “husband and wife shall sue or be
sued jointly except as provided by law.” The word
“jointly’’ simply means that they shall be sued
together.
- It does not refer to the nature of the liability.
- This is so because when the spouses are sued for
the enforcement of an obligation entered into by
them or of an obligation which redounded to the
benefit of the family, they are being impleaded in
their capacity as representatives of the absolute
community or the conjugal partnership and not as
independent debtors such that the concept of joint
or solidary liability, as between them, does not
arise.
- The necessity of being jointly sued is also because
generally the spouses are joint administrators of
either the absolute community of property or the
conjugal partnership of gains.
- Significantly, Article 111 of the Family Code
provides that a spouse may appear alone in court
if what is involved in the litigation is his or her
separate and exclusive property.
not require that the husband and the wife always
act together
- If a debtor of the conjugal partnership or the
absolute community is to be sued, the husband or
the wife alone may file the case if the suit relates
to any act of administration or management.
- Each spouse may validly exercise full power of
management alone subject to the intervention of
the court in proper cases.
- However, it is always advisable that both husband
and wife sue together in pursuing a community or
conjugal claim.
- This is so because they are the representatives of
the conjugal partnership or absolute community
and they do not act as independent debtors.
- If one of the spouses, as administrator, files the
suit as plaintiff, the defendants in their
counterclaim against the conjugal partnership or
community property can nevertheless file a
motion to include as a necessary party the spouse,
who has not been impleaded, on the ground that
their counterclaim may be chargeable to the
absolute community or conjugal partnership
which requires the presence of the other spouse.
- Significantly, while as a general rule the
verification and certification of non-forum
shopping in a petition or a complaint filed in court
must be signed by all the petitioners in a case, the
signature of the husband or wife alone is
substantial compliance with this requirement in
cases involving community or conjugal property,
even if both of the spouses are petitioners in the
case. Each of the spouses may reasonably be
presumed to have personal knowledge of the filing
or non-filing by the other spouse of any action or
claim similar to the petition which the other
spouse filed given the notices and le- gal processes
involved in a legal proceeding involving real
property
Article 150. Family relations include those:
1) Between husband and wife;
2) Between parents and children;
3) Among other ascendants and descendants; and
4) Among brothers and sisters, whether of the full
or half-blood. (217a)
Article 151. No suit between members of the same
family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts
toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts
were in fact made, the case must be dismissed.
This rule shall not apply to cases which may not be the
subject of compromise under the Civil Code. (222a)
Application
- Any person not included in the enumeration
cannot be considered as within the term “family
relations.” Hence, in a case involving suits
between a husband and his sister-in-law, the court
ruled that the requirement of “earnest efforts to
seek a compromise” between family members
before the commencement of any suit between
them as provided in Article 151 of the Family
Code, need not be observed as the parties are not
within the term “family relations” or “family
members” under the law
- Also, collateral relatives who are not brothers and
sisters are not included in the term “family
relations”.
- However, a suit filed by a woman against her
sister and the latter’s husband will not involve
earnest efforts to compromise considering the
inclusion of the husband who is not within the
“family relations” provided by law
- The complaint or petition must be verified. If it is
unverified, the case should not be dismissed. The
court should just merely require the party to have
it verified
EARNEST EFFORTS TO COMPROMISE.
- Before a suit can be filed by a person against
another belonging to the same family as provided
for under Article 150, earnest efforts must first be
made to settle the case amicably. Otherwise, the
suit is dismissible.
- failure to exert earnest efforts in these situations
is specifically made a ground for a motion to
dismiss under Section 1(j), Rule 16 of the Rules of
Court of the Philippines.
EXCEPTIONS
- The duty to engage in earnest efforts to com-
promise, however, is not required if included in
the suit between family members is a stranger not
of the same family as the interest of such stranger
may differ from the interest of members of the
same family.
- The rule will not also apply to cases which may
not be compromised under the Civil Code. These
cases are enumerated in Article 2035 of the Civil
Code which provides that no compromise upon
the following questions shall be valid:
1) the civil status of persons;
2) the validity of a marriage or of a legal
separation;
3) any ground for legal separation;
4) future support;
5) the jurisdiction of courts; and
6) future legitime.
- The rule on earnest efforts also does not apply to special
proceedings like a petition for the settlement of estate
guardianship and custody of children, and habeas corpus.
The term “suit” provided by law clearly implies only civil
actions
EXEMPTION FROM CRIMINAL LIABILITY IN
CRIMES AGAINST PROPERTY
Article 332 of the Revised Penal Code provides that no
criminal, but only civil liability, shall result from the
commission of the crime of theft, swindling or malicious
mischief committed or caused mutually by the following
persons:
1. Spouses, ascendants and descendants, or relatives by affinity in
the same line;
2. The widowed spouse with respect to the property which
belonged to the deceased spouse before the same shall have
passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if
living together.
The exemption established by Article 332, however, shall
not be applicable to strangers participating in the
commission of the crime.
RUNNING OF PRESCRIPTIVE PERIODS
Article 1109. Prescription does not run between husband and
wife, even though there be a separation of property agreed upon
in the marriage settlements or by judicial decree.
Neither does prescription run between parents and children,
during the minority or insanity of the latter, and between
guardian and ward during the continuance of the guardianship.
Chapter 2 -THE FAMILY HOME
Article 152. The family home, constituted jointly by the
husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their
family reside, and the land on which it is situated.
(223a)
Article 153. The family home is deemed constituted on
a house and lot from the time it is occupied as a family
residence. From the time of its constitution and so long
as any of its beneficiaries actually resides therein, the
family home continues to be such and is exempt from
execution, forced sale or attachment except as
hereinafter provided and to the extent of the value
allowed by law. (223a)
- Under the Family Code, a family home is deemed
constituted on a house and land from the time it is
actually occupied as a family residence. The
requirement of house and land as constitutive of a
family home stresses the element of permanence.
Hence, a boat on water cannot be constituted a
family home.
- If the owners, husband and wife, head of the
family or the beneficiaries actually reside in the
premises, it can be a family home as contemplated
by law. Residing in a family home is a real right.
- The occupancy must be actual and not
constructive, something which is merely possible
or presumptive.
- One cannot claim that he or she has occupied the
premises at the time his or her overseer, maid,
houseboy or driver has lived in the said place
because occupancy by the one claiming the house
as a family home must be actual and not
constructive.
- All residential houses used as a family home, with
or without having been judicially or extrajudicially
constituted as such prior to the effectivity of the
Family Code, are deemed constituted by operation
of law as a family home on August 3, 1988, the
date of effectivity of the Family Code provided that
the provisions of the Family Code are complied
with.
- Accordingly, Article 153 CANNOT be given
retroactive effect to shield the homes of debtors
from execution of judgment arising from debts
which became due and demandable prior to
August 3, 1988.
- Thus, a debtor who, prior to August 3, 1988, never
constituted his or her house judicially or
extrajudicially as a family home under the Civil
Code and whose debt matured prior to August 3,
1988, cannot claim that, on August 3, 1988, his or
her house cannot anymore be answerable to
satisfy a judgment because it became a family
home and therefore exempted from execution.
- To be able to avail of the benefits of a family home
in relation to debts which matured prior to August
3, 1988, it must be shown that the home was
constituted either judicially or extrajudicially
pursuant to the Civil Code
- A family home cannot be constituted by the wife
or husband alone. Constitution must be done
jointly by both husband and wife. An unmarried
head of the family, however, can constitute by
himself or herself alone. The occupancy of any of
the beneficiaries can likewise constitute a home as
a family home. Hence, even if a married person is
legally separated or de facto separated, a family
home can still be constituted if any of his or her
beneficiaries actually occupies the land and the
house of such married person with his or her
consent and pursuant to the other requirements of
the Family Code.
- A family home is not affected by the type of
property regime of the spouses or by the fact that
the marriage has been nullified
EXEMPTION FROM EXECUTION
- The exemption from execution, forced sale or
attachment provided by law is effective from the
time of the constitution of the family home as
such, and lasts so long as any of its beneficiaries
actually resides therein
- It is a personal right which can be claimed only by
the judgment debtor, and not by the sheriff, and
therefore generally must be claimed before the
public auction
- The exemption is NOT ABSOLUTE as there are
obligations and indebtedness excluded from the
exemption which are enumerated in Article 155.
Under Article 155, the whole amount obtained
from the sale of the family home may be taken by
the creditor or obligee.
- Also, Article 160 provides that a judgment creditor
whose claim is not one among those provided in
Article 155 may apply for the family home’s
execution if he or she has reasonable grounds to
believe that the family home is actually worth
more than the maximum amount fixed in Article
157. The proceeds of any execution sale shall be
applied first to the amount provided in Article
157, and then to the liabilities under the judgment
and costs. The excess, if any, shall be delivered to
the judgment debtor.
Article 154. The beneficiaries of a family home are:
1) The husband and wife, or an unmarried person who
is the head of a family; and
2) Their parents, ascendants, descendants, brothers
and sisters, whether the relationship be legitimate or
illegitimate, who are living in the family home and who
depend upon the head of the family for legal support.
(226a)
Beneficiaries
- Knowing the beneficiaries is important because
their actual occupancy of a home may constitute
the same as a family home provided their actual
occupancy of the house and lot is with the consent
either of the husband and/or the wife who own
the house and lot or of the unmarried person who
is the head of the family and who likewise owns
the house and lot, even if the said owners do not
actually reside therein
- To be a beneficiary (other than the husband and
the wife or an unmarried person who is the head
 of a family) of the family home, three requisites
must concur:
(1) they must be among the relationships
enumerated in Article 154 of the Family Code;
(2) they live in the Family home; and
(3) they are dependent for legal support upon the
head of the family.
- Also, the beneficiaries are the people who are
most likely to be affected by the constitution of the
family home and its disposition. Thus, in case the
family home has to be sold by the owner, he or she
has to obtain the consent, among others, of a
majority of the beneficiaries of legal age (Article
158).
- Likewise, for so long as any of its beneficiaries
actually resides therein, the family home
continues to be such and is exempt from
execution, forced sale or attachment except as
hereinafter provided and to the extent of the value
allowed by law (Article 153).
- The enumeration under Article 154 “may include
the in-laws where the family home is constituted
jointly by the husband and the wife. But the law
definitely excludes maids and overseers”
Article 155. The family home shall be exempt from
execution, forced sale or attachment except:
1) For non-payment of taxes;
2) For debts incurred prior to the constitution of the
family home;
3) For debts secured by mortgages on the premises
before or after such constitution; and
4) For debts due to laborers, mechanics, architects,
builders, materialmen and others who have
rendered service or furnished material for the
construction of the building. (243a)
Taxes
- Taxes are the lifeblood of the government and
their prompt and certain availability is an
imperious need. Being the chief source of revenue
for the government to keep it running, taxes must
be paid immediately and without delay
Debts
- A court judgment is not necessary to clothe a pre-
existing debt under Article 155 with the privileged
character of being enforceable against the family
home.
- Hence, in the event a case is filed questioning the
propriety or validity of a debt or obligation under
Article 155 for which the family home is being
executed in accordance with law, such debt or
obligation shall be considered to have arisen not
from the time the court issues a judgment
affirming the existence, propriety or validity of
such debt but from the time it actually arose
- The whole value of the family home may be used
to pay off the obligations under Article 155.
- It is the time when the debt was actually incurred
that is the reckoning point
Article 156. The family home must be part of the
properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either
spouse with the latter’s consent. It may also be
constituted by an unmarried head of a family on his or
her own property.
Nevertheless, property that is the subject of a
conditional sale on installment where ownership is
reserved by the vendor only to guarantee payment of
the purchase price may be constituted as a family
home. (227a, 228a)
- The family home must be constituted at a place
where there is a fixed and permanent connection
with the persons constituting it.
- The law provides that it must be a part of the
properties of the absolute community or the
conjugal partnership, or of the exclusive
properties of either spouse with the latter’s
consent.
- It may also be constituted by an unmarried head
of a family on his or her own property. Thus, an
apartment unit or a house being merely rented
cannot be constituted a family home. Also, a house
erected by a person on the property of another is
not a family home
- Nevertheless, property that is the subject of a
conditional sale on installment where ownership
is reserved by the vendor only to guarantee
payment of the purchase price may be constituted
as a family home.
Article 157. The actual value of the family home shall
not exceed, at the time of its constitution, the amount
of three hundred thousand pesos in urban areas, and
two hundred thousand pesos in rural areas, or such
amounts as may hereafter be fixed by law.
In any event, if the value of the currency changes after
the adoption of this code, the value most favorable for
the constitution of a family home shall be the basis of
the evaluation.
For purposes of this article, urban areas are deemed to
include chartered cities and municipalities whose
annual income at least equals that legally required for
chartered cities. All others are deemed to be rural
areas. (231a)
Value of the family home
- Actual occupancy is the operative act of
constitution. But the family home at the time of
the constitution must be in the amount of three
hundred thousand pesos in urban areas and two
hundred thousand pesos in rural areas, or such
amount as may hereafter be fixed by law.
- By present standards, the amounts indicated are
low. Be that as it may, the import of the law seems
to be that, if at the time of the constitution, the
home was more than the value fixed by the law,
such home is not a family home; therefore, it is not
exempted from execution, forced sale or
attachment.
- in case a house worth P300,000 in an urban area
was not legally constituted as a family home prior
to the effectivity of the Family Code, it becomes
automatically a family home upon the effectivity of
the Family Code on August 3, 1988 if the actual
value is still in the amount of P300,000 on August
3, 1988.
- If the house were worth P400,000 prior to the
effectivity of the Family Code and if at the time of
or after the effectivity of the Family Code, the
actual value has already increased to P500,000, it
will not be considered a family home because the
value of P400,000 at the time of its constitution,
not the P500,000 which is the value after the
effectivity of the Family Code, shall be the basis of
the evaluation considering that the former amount
is most favorable for the constitution of a family
home.
- If, however, a house occupied in 1987 was worth
P500,000 in the said year, and the value increased
to P600,000 at the time of the effectivity of the
Family Code in 1988, the said house can never be
a family home. But if the value of the same house
is worth P300,000 on August 3, 1988, it can be
considered a family home considering that
P300,000 is the value most favorable for the
constitution of a family home.
- The code commission in fixing the limits provided
for under Article 157 justified such limitations by
stating that those who can afford more expensive
homes do not need any protection and that the
law is intended to protect the middle-class and to
discourage them from spending all their money in
a family home
- the limitation provided by law is not an incentive
for people to spend their money to be able to build
a secured home. It appears to be a regressive
limitation that tends to inhibit the progressive
growth of the middle-class.
INCREASE IN VALUE OF FAMILY HOME.
- It must, however, be emphasized that the values
provided in Article 157 refer only to the value at
the time of the constitution made after the
effectivity of the Family Code.
- Hence, if after the constitution, the value of the
house increased due to improvements or
renovations to an amount more than that fixed by
the law at the time of the constitution, such family
home will remain a family home.
Article 158. The family home may be sold, alienated,
donated, assigned or encumbered by the owner or
owners thereof with the written consent of the person
constituting the same, the latter’s spouse, and a
majority of the beneficiaries of legal age. In case of
conflict, the court shall decide. (235a)
DISPOSITION OF FAMILY HOME
- This is a limitation on the right of disposition of
the owners of a property where a family home is
situated. The law specifically provides that it
cannot be sold, alienated, donated, assigned or
encumbered without the written consent of the
following:
1) person constituting the same;
2) the latter’s spouse; and
3) a majority of the beneficiaries of legal age.
- Thus, for the family home to be leased, the written
consent of all the people mentioned must be
obtained considering that a lease is an
encumbrance.
Article 159. The family home shall continue despite
the death of one or both spouses or of the unmarried
head of the family for a period of ten years or for as
long as there is a minor beneficiary, and the heirs
cannot partition the same unless the court finds
compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or
constituted the family home. (238a)
Limitation after Death
- even upon the death of the person who constituted
the family home, such family home shall continue as a
family home for a period of 10 years or for as long as
there is a minor beneficiary. The heirs cannot
partition the same unless the court finds compelling
reasons therefor.
- The purpose of Article 159 is to avert the disintegration of
the family unit following the death of its head. To this end, it
preserves the family home as the physical symbol of family
love, security and unity by imposing the following
restrictions on its partition:
1. The heirs cannot extra-judicially partition it for a
period of 10 years from the death of one or both
 spouses or of the unmarried head of the family, or for
a longer period, if there is still a minor beneficiary
residing therein; and
2. that the heirs cannot judicially partition it during the
aforesaid periods unless the court finds compelling
reasons therefor.
Article 160. When a creditor whose claim is not among
those mentioned in Article 155 obtains a judgment in
his favor, and he has reasonable grounds to believe
that the family home is actually worth more than the
maximum amount fixed in Article 157, he may apply to
the court which rendered the judgment for an order
directing the sale of the property under execution. The
court shall so order if it finds that the actual value of
the family home exceeds the maximum amount
allowed by law as of the time of its constitution. If the
increased actual value exceeds the maximum allowed
in Article 157 and results from subsequent voluntary
improvements introduced by the person or persons
constituting the family home, by the owner or owners
of the property, or by any of the beneficiaries, the
same rule and procedure shall apply.
At the execution sale, no bid below the value allowed
for a family home shall be considered. The proceeds
shall be applied first to the amount mentioned in
Article 157, and then to the liabilities under the
judgment and costs. The excess, if any, shall be
delivered to the judgment debtor. (247a, 248a)
- Unlike Article 155, there is a need under Article
160 for a court decision before a judgment
creditor can avail of the privilege under Article
160 of the Family Code.
- Hence, if a creditor has a judgment in his favor
directing the debtor to pay P500,000 and the
debtor owns a family home in an urban area
which has a current actual value of P1,000,000,
such judgment creditor can execute on the said
family home. Bidders cannot bid in an amount
below P300,000. In the event that the family home
was sold for P700,000 only, the sheriff had to first
give the debtor the amount of P300,000 and
thereafter give the balance of P400,000 to the
judgment creditor.
- The idea in having the house immune as to
P300,000 is for the judgment debtor to be able to
build a new family home. In this way, he or she
will not be homeless.
Article 161. For purposes of availing of the benefits of
a family home as provided for in this Chapter, a person
may constitute, or be the beneficiary of, only one
family home. (n)
Article 162. The provisions in this Chapter shall also
govern family residences insofar as said provisions are
applicable. (n)
Application
- Under Article 162 of the Family Code, it is provided that
“the provision of this Chapter shall also govern existing
family residences insofar as said provisions are
applicable.” It does not mean that Articles 152 and 153
of said Code have a retroactive effect such that all
existing family residences are deemed to have been
constituted as family homes at the time of the
occupation prior to the effectivity of the Family Code
and are exempt from execution for the payment of
obligations incurred before the effectivity of the Family
Code.
- Article 162 simply means that all existing family
residences at the time of the effectivity of the Family
Code are considered family homes and are
prospectively entitled to the benefits accorded to a
family home under the Family Code. Article 162 does
not state that the provisions of Chapter 2, Title V have a
retroactive effect.
TITLE VI. — PATERNITY AND
FILIATION
Chapter 1 - LEGITIMATE CHILDREN
Article 163. The filiation of children may be by nature
or by adoption. Natural filiation may be legitimate or
illegitimate. (n)
Article 164. Children conceived or born during the
marriage of the parents are legitimate.
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 both of them authorized or ratified such
insemination in a written instrument executed and
signed by them before the birth of the child. The
instrument shall be recorded in the civil registry
together with the birth certificate of the child. (255a,
258a)
Article 165. Children conceived and born outside a
valid marriage are illegitimate, unless otherwise
provided in this code. (n)
Policy of the Family Code
- The policy of the Family Code is to liberalize the
rule on the investigation of the paternity of
children, especially illegitimate children, without
prejudice to the right of the alleged parent to
resist the claimed status with his own defenses,
including evidence now obtainable through the
facilities of modern medicine and technology
Paternity and Filiation
 - Paternity and filiation refer to the relationship or
tie which exists between parents and their
children.
- Under the New Family Code, there are only two
classes of children, namely, legitimate and
illegitimate.
- The filiation of children may be by nature or by
adoption. Natural children are considered
legitimate if they are conceived or born during the
valid marriage of the parents. The presumption of
the legitimacy of a child can only arise upon
convincing proof that the parents of the child were
legally married and that the child’s conception or
birth occurred during the subsistence of that
marriage
- In case of conflict between a presumption of law
that a child born inside a valid marriage is
legitimate and a presumption of fact arising from
the statement of filiation in a birth certificate, the
presumption of law will prevail.
- Where the wife bigamously married another and a
child was born in the said bigamous union and
where the bigamous marriage was declared null
and void, the Supreme Court ruled that the child
actually born in the second voided union was in
effect born of the wife in the first subsisting
marriage and therefore, in the eyes of the law, the
father of the child was the first husband of the
wife.
Illegitimate children
- are those conceived and born outside a valid
marriage or inside a void marriage.
XPN: Under Article 54 of the Family Code, children
conceived or born before the judgment of annulment
or of absolute nullity of the marriage, where the
ground for voiding the same is the psychological
incapacity of either of the spouses to perform his or
her marital obligations, has become final and
executory shall be considered legitimate.
Also, children born from a subsequent void marriage
due to the contracting parties’ failure to comply with
the mandatory provisions of Articles 52 and 53 of the
Family Code shall likewise be considered legitimate.
- It is clear, therefore, that unless made as an
express exception by law, a child born outside a
lawful wedlock shall be illegitimate.
Artificial Insemination
1
Adultery- committed by any married woman who shall have sexual
intercourse with a man not her husband.
- There are two types of artificial insemination —
homologous and heterologous.
Homologous insemination - is the process by which
the wife is artificially impregnated with the semen of
her husband. This procedure is referred to as AIH
(Artificial Insemination Husband).
Heterologous insemination - is the artificial
insemination of the wife by the semen of a third-party
donor (Artificial Insemination Donor). This procedure
is referred to as AID and may be “consensual,” i.e., with
the consent of the husband, or “nonconsensual,” i.e.,
without the consent of the husband.
STATUS OF AN ARTIFICIALLY INSEMINATED CHILD.
- The law declares the status of a child, who is a
product of artificial insemination, as a legitimate
child of the husband and wife provided that both of
them authorized or ratified such insemination in a
written instrument executed and signed by them
before the birth of the child and that the
instrument is recorded in the civil registry
together with the birth certificate of the child.
- If the written authorization or ratification
contained in the public instrument was obtained
through mistake, fraud, violence, intimidation or
undue influence, the husband may impugn the
legitimacy of the child on these grounds.
- Moreover, since there is consent by the husband,
there is no marital infidelity. The child is not born
outside a valid marriage but in and during lawful
wedlock.
NO CRIMINAL LIABILITY FOR ADULTERY OF WIFE
ARTIFICIALLY INSEMINATED WITHOUT CONSENT OF
HUSBAND
- A wife who, without the consent of the husband,
had herself artificially inseminated by the semen
of another which led to the siring of a child not of
the husband, cannot be held criminally liable for
adultery1.
Article 166. Legitimacy of a child may be im- pugned
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;
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)
Article 167. The child shall be considered legitimate
although the mother may have declared against its
legitimacy or may have been sentenced as an adulteress.
(256a)
Applicability
- Article 166 necessarily presupposes a valid
marriage between the husband and the wife. Only
the husband and, in proper cases provided in
Article 171, the heirs can invoke the grounds
under Article 166. No other person can make use
of the same.
- As a consequence of this condition sine qua non for
the application of Article 166, the legitimacy of the
child can likewise be questioned on the ground
that the marriage between the husband and the
wife is void except if the ground for nullity is
Article 36 or Article 53 of the Family Code.
- In the event that any of the grounds enumerated
in Article 166 is proven, the child will neither be
legitimate nor illegitimate in so far as the husband
is concerned. Simply, the husband and the child
will not be related to each other in any manner
considering that the husband did not participate
in any way as to the child’s procreation. In so far
as the mother is concerned, the child will be
considered illegitimate.
- Art 167 makes it impossible for the wife to file an
action to impugn the legitimacy of her child
because even if the wife knows that the child is by
a man other than her husband, the declaration of
the wife that the child is illegitimate or the
sentencing of the wife as an adulteress has no
bearing and can never affect the legitimate status
of the child born or conceived inside a valid
marriage.
- Both Articles 166 and 167 only necessarily apply
also to a situation where the child has been
delivered by a woman who is the child’s natural
mother.
- The modern rule is that, in order to overthrow the
presumption of legitimacy, it must be shown beyond
reasonable doubt that there was no access as could have
enabled the husband to be the father of the child.
- To defeat the presumption of legitimacy, therefore,
there must be physical impossibility of access by the
husband to the wife during the period of conception.
- a circumstance which makes sexual relations
improbable cannot defeat the presumption of
legitimacy; but it may be proved as a circumstance to
corroborate proof of physical impossibility of access
- It must be stressed that the rule that a child is presumed
legitimate although the mother may have declared
against its legitimacy or may have been sentenced as an
adulteress has been adopted for two solid reasons.
o First, in a fit of anger, or to arouse jealousy in the
husband, the wife may have made this declaration
o Second, the article is established as a guaranty in
favor of the children whose condition should not be
under the mercy of the passions of their parents.
- But there is another reason which is more powerful,
demanding the exclusion of proof of confession or
adultery, and it is that, at the moment of conception, it
cannot be determined when a woman cohabits during
the same period with two men, by whom the child was
begotten, it being possible that it be the husband
himself
- It must be emphasized that adultery on the part of the
wife, in itself, cannot destroy the presumption of
legitimacy of her child, because it is still possible that
the child is that of the husband
Physical Incapacity
- the law is referring to impotence, which imports a total
want of power of copulation and, as a necessary incident
thereto, the inability to procreate. As a result of which,
sexual intercourse or access is physically impossible.
- Note, however, that it is only impotency which the law
considers as sufficient ground to impugn the child’s
legitimacy and not sterility, the latter referring to a mere
inability to procreate.
Reason: There can be no absolute sterility, except in
the absence of testicles or complete absence of
spermato- zoa in the semen due to atrophy or disease of
the testicles or blockade of the vas deferens, which is the
tube through which the semen is ejected. Once there is
sexual intercourse, there- fore, there will always be the
possibility — although perhaps not always the
probability — of pregnancy. It is for this reason that
legally only impossibility of sexual union is admitted to
defeat the presumption of legitimacy
Living Separately
- The separation between the spouses must be
such as to make sexual access impossible. This
may take place when they reside in different
countries or provinces, and they have never been
together during the period of conception.
Serious Illness of the Husband
- The illness of the husband must be of such a
nature as to exclude the possibility of his having
sexual intercourse with his wife;
Biological or Other Scientific reasons
- Blood testing
- DNA Testing - The Supreme Court has stated
that the use of DNA testing is a valid procedure for
determining paternity
VITIATED CONSENT IN ARTIFICIAL INSEMINATION.
- The law provides that in case the children were
conceived through artificial insemination and the
written authorization or ratification of either
parent was obtained through mistake, fraud,
violence, intimidation, or undue influence, the
legitimacy of the child may be impugned.
- The mistake, fraud, violence, intimidation, or
undue influence can be exerted by not only the
spouses against each other but also by third
persons on both of the spouses or any one of
them.
- However, the only person who can impugn the
legitimacy of the child on this ground, or any
ground provided by law for that matter, is the
husband as provided in Article 170, or the heirs in
special cases as provided in Article 171.
- The husband or the heirs, as the case may be, can
allege that the wife was subjected to these causes
or the husband was himself subjected to the same
or both such husband and his wife were so
subjected.
- However, while the mother may have indeed been
subjected to these causes, she cannot file a case to
impugn the legitimacy of the child because she is
not given legal standing to do so pursuant to
Articles 170 and 171 and also because Article 167
provides that the child shall be considered
legitimate although the mother may have declared
against its legitimacy or may have been sentenced
as an adulteress.
NON-OBSERVANCE OF PROCEDURE RELATIVE TO
ARTIFICIAL INSEMINATION.
- In the event that the wife was able to obtain a
sperm sample of her husband which the latter
contributed in a sperm bank and the said wife had
herself artificially inseminated with such sperm
without the knowledge or consent of the husband,
the husband can impugn the legitimacy of the
child brought forth as a result of the artificial
insemination under any of the grounds mentioned
in Article 166, subparagraph 1(a), (b), (c) and
subparagraph 2, contending that it was physically
impossible for him to have sexual intercourse with
the wife at the time when the child was conceived.
- if the donor were a man other than the husband
and the latter, because he objected to the artificial
insemination, did not want to comply with the
procedure laid down under Article 164, he can
impugn the child’s status by invoking any of the
grounds under Article 166(1[a, b, c]), and (2). The
same course of action can be taken if the husband
initially acceded to the artificial insemination but
failed or refused to comply with the requirements
under Article 164 and later on decided to impugn
the child’s legitimacy. He should however impugn
within the prescriptive period provided in Article
170.
DECLARATION OF LEGITIMACY
- In all cases where the husband assails the
legitimacy of an issue sired by his wife, all doubts
are resolved in favor of legitimacy because of the
existence of that universal presumption of
legitimacy.
Rebutting Presumption
- The Family Code, in Article 166, provides for the
exclusive grounds to impugn legitimacy which can
be invoked by the husband and, in proper cases,
the heirs.
120-300 day period
- Ordinarily and though the actual date of
conception cannot be determined, a woman
carries a child approximately between 270 and
280 days after its conception.
- The law, in effect, states that when a child is born
inside a marriage, sexual intercourse or access is
presumed to have occurred between the husband
and wife within the first 120 days of the 300 days
immediately preceding the birth of the child and
that any day within the 120-day period is deemed
as the possible conception date of a child.
Article 168. If the marriage is terminated and the PRESUMPTION OF FILIATION IN CASE OF TWO
mother contracted another marriage within three MARRIAGES.
hundred days after such termination of the former
marriage, these rules shall govern in the absence of - The rules provided for under Article 168 will not
proof to the contrary: apply in case there are convincing proofs of
filiation that the father of the child is the previous
1) A child born before one hundred eighty days after husband or the subsequent husband, as the case
the solemnization of the subsequent marriage is may be.
considered to have been conceived during the former - The rules will only apply “in the absence of proof
marriage, provided it be born with- in three hundred to the contrary.”
days after the termination of the former marriage;
- Also, the rules do not give any presumption as to
legitimacy or illegitimacy but merely state when
2) A child born after one hundred eighty days the child is considered to have been conceived.
following the celebration of the subsequent marriage
- The status of the child will depend upon the status
is considered to have been conceived during such
of the marriage in which he or she is considered to
marriage, even though it be born within the three
have been conceived.
hundred days after the termination of the former
marriage. (259a)
If the mother marries again and a child is born
ACCESS PRESUMED PRIOR TO TERMINATION OF within:
MARRIAGE.
 180 days from the solemnization of the
- Access between the spouses is presumed during 2nd marriage and within 300 days period
the marriage. This presumption holds even after the termination of 1st marriage =
immediately before the official termination of Child conceived of the 1st marriage
marriage.
- This is so because it is not unlikely that the
* While the second husband can have his first sexual
spouses could have engaged in sexual intercourse
intercourse with the mother right after the solemnization
just prior to the death of one of them or just before
of the second marriage so as to effect the conception of a
the issuance of a decree of annulment or a
child who may be born on the 180th day from the
declaration of nullity. As pointed out earlier, the
solemnization of the second marriage, the law still
law fixes the period of 300 days as the longest
recognizes the possibility that the previous husband could
gestation period for a child inside the womb of the
have had sexual intercourse with the woman just before
mother.
separation or termination of marriage.

ACCESS NOT PRESUMED AFTER TERMINATION OF

* Moreover, to indulge in a presumption that the second
MARRIAGE
husband was the father of the child would be in effect to
presume that the mother was guilty of acts of wrongdoing,
- When a marriage is terminated by a decree of immorality, indecency and indeed even adultery as it
annulment or a declaration of nullity by the would imply the conception of the child even prior to the
proper court, the marriage tie is either severed, or solemnization of the second marriage.
declared void from the beginning. The duty of the
parties to cohabit, an essential obligation of Legitimacy of the child depends on the 1st marriage:
marriage, disappears. The former spouses are not
anymore bound to exercise fidelity toward each
other. They are not even obliged to observe Annulled = Legitimate
mutual love and render mutual help and support. Null & void (Art 36 &53) = Legitimate
Access cannot anymore be presumed. Void ab initio = Illegitimate
- It must be important however to observe that,
under Article 54, if a child is conceived or born
before the finality of a decree of annulment based  After 180 days from the solemnization
on Article 45 or a decree of nullity based on Article of the 2nd marriage even though the child
36, a child shall be considered legitimate.
was born within 300-day period rule=
- Unless appealed, a decision or a decree of the
court becomes final after the lapse of fifteen days
Child conceived on the 2nd marriage
from receipt of the decision. This rule is on the
assumption that the parties whose marriage was Legitimacy of the child depends on the 2nd marriage:
nullified or annulled were the ones who had Annullable= Legitimate
sexual intercourse.
Void= illegitimate (xpn: psych incapacity & failure to
comply with decree, liquidation and recording reqs)
PROOF TO THE CONTRARY
- If the child is considered conceived during the first
marriage, then the husband of the first marriage
will be considered to be the father.
- If the child is considered conceived during the
second marriage, then the second husband shall
be considered to be the father.
Article 168(1) and (2) will apply only in the absence of
proof to the contrary.
- Hence, even if the child is born after the 180th day
from the solemnization of the second marriage
and within 300 days from the termination of the
first marriage, the child will be considered born of
the first marriage if there are convincing proof
that the child is indeed fathered by the husband of
the prior terminated marriage.
- If there is confusion as to the father of the child
because the proofs are not convincing or there is
no proof as to who fathered the child, then the
child shall be considered conceived of the second
marriage applying Article 168(2) and, therefore,
fathered by the husband of the subsequent
marriage.
- Once filiation is proved, the presumption of
legitimacy attaches. However, the alleged father
can still impugn such legitimacy on the basis of the
grounds laid down in Article 166 and within the
prescriptive periods provided in Article 170. This
is also the import of the phrase “in the absence of
proof to the contrary” provided for in Article 168.
Article 169. The legitimacy or illegitimacy of a child
born after three hundred days following the
termination of the marriage shall be proved by
whoever alleges such legitimacy or illegitimacy. (261a)
NO PRESUMPTION FOR A CHILD BORN AFTER 300 DAYS
AFTER TERMINATION OF MARRIAGE
- In the absence of any subsequent marriage after
the termination of the first marriage, the father of
a child born after 300 days from such termination
can be anybody.
- This includes the husband of the previous
marriage as it is not improbable that the gestation
period may even extend extraordinarily beyond
300 days or that the previously married couple
had sexual intercourse after the finality of their
decree of annulment or nullity.
- While there have been cases where the gestation
period reached from up to 316 to 330 days, this is
not normal and, hence, other convincing proofs of
filiation must be shown.
- Thus, no presumption can attach, thereby
necessitating the introduction of evidence by
whoever alleges legitimacy or illegitimacy.
- In People v. Velasquez, 120 SCRA 847, where the
child, who was allegedly the result of the rape by
the accused on the alleged victim, was born ten
months and eleven days from the alleged rape, the
Supreme Court ruled that such circumstance is not
normal and could only prove that there were
subsequent acts of sexual intercourse after the
first alleged rape which discredited the victim’s
version that there was no voluntariness in the
alleged sexual intercourse.
Article 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.
Article 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 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. (262a)
Parties:
- Impugning the legitimacy of the child is strictly a
personal right and cannot be set up by way of a
defense or as a collateral issue
- Legitimacy cannot be collaterally attacked or
impugned
- It can be impugned only in a direct suit precisely
filed for the purpose of assailing the legitimacy of
the child. Principally, only the husband can file a
direct action to impugn the legitimacy of the child.
 - His heirs can substitute him only if he dies before
the expiration of the period fixed for bringing the
action or after the filing of the same, without him
having desisted therefrom, or if the child was born
after his death
- The law exclusively made the husband, and under
special circumstances his heirs, the sole judge of
determining whether or not to file a proceeding,
or continue such proceeding already filed, to
dispute the legitimacy of a child born of the
husband’s wife, since the husband is the only
person who can know that he is not the father of
the child.
- Generally, therefore, where the husband, the
sovereign arbiter of his honor, fails to challenge
the presumption of legitimacy of a child born to
his wife in a direct suit for that purpose, no one
can subsequently assert the husband’s strictly
personal right except the heirs in certain very
restricted situations as mentioned previously
For example:
if a wife gives birth to a child of her paramour, the said
child is born inside the valid marriage of the wife and the
husband. Such child is therefore considered legitimate as
to the said husband and wife. Only the husband can
impugn the legitimacy of the child if the said husband
wants to. In the event the paramour files an action for the
custody of the child contending that he is the natural
father, the action should be dismissed because only the
husband, as a general rule, can claim that the child is
illegitimate in a direct action for that purpose and only on
the grounds provided by law. To allow the custody case to
prosper would mean allowing the paramour to impugn the
legitimacy of the child vis-a-vis the husband which is not
sanctioned by the law.
- Impugning the legitimacy of a child cannot be
made in an action for partition as this is a
collateral attack
- However, if one of the issues presented in an
action for annulment of an extrajudicial partition
concerned the right of a particular person to
inherit and the assertion that the alleged heir was
not in fact the child of the deceased, a
determination of filiation can be made
- The heirs are mere substitutes of the husband,
and, therefore, cannot file any action to impugn
the legitimacy of the child for as long as the
husband is alive.
- However, the heirs can file such a suit after the
death of the husband but also within the
prescriptive period set in Article 170. All kinds of
heirs, whether testamentary or legal, compulsory
or voluntary, are contemplated by law.
- The law does not give the mother the standing to
file an action to impugn the filiation or legitimacy
of her children because maternity is never
uncertain
REASON FOR THE LIMITATION OF PARTIES WITH LEGAL
STANDING.
- The reason for preventing disavowal of paternity
except within extremely narrow limits is based
upon a desire to protect innocent children against
attacks upon paternity
- To allow other persons, especially those not
belonging to the family wherein the child was
born, to bring an action to impugn the legitimacy
of such child, would be to invite similar actions,
with or without basis, by those whose only
purpose is to break up a family to satisfy a jealous
or revengeful feeling
PRESCRIPTIVE PERIODS.
There are three different prescriptive periods for the
husband or, in proper case, the heirs to impugn the
legitimacy of a child. They are as follows:
1) One (1) year from knowledge of the birth or its recording
in the civil register, if the impugner resides in the city or
municipality where the birth took place or was recorded;
2) Two (2) years from knowledge of the birth or its
recording in the civil register, if the impugner resides in the
Philippines other than in the city or municipality where the
birth took place or was recorded; and
3) Three (3) years, if the impugner resides 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 the birth, whichever is
earlier.
- what is important is the knowledge of birth or its
recording in the civil register.
- Hence, if the husband knew of the birth or
recording of birth in the civil register, the
prescriptive period will start to run from that time
and not from the subsequent knowledge that the
child is not his child.
- Thus, if a husband were informed by a woman that
a child of which she was pregnant was his child
and, because of this information, the man married
the woman who thereafter gave birth to the child
in the presence of the husband who, more than
one year later, discovered that the child could not
be his child, he cannot anymore impugn the
legitimacy of the child as the prescriptive period
had already lapsed.
- Also, the concealment provided for by the law
does not refer to the concealment that the child
 was not the husband’s but the concealment that a
child was in fact born or registered in the civil
registry as having been delivered by the wife.
Chapter 2 PROOF OF FILIATION
Article 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)
Filiation
- the resemblance between the parent and the child
can be competent and material evidence to
establish parentage if such resemblance is
accompanied by other strong evidence, whether
direct or circumstantial, to prove the filiation of
the child
- For as long as the children were conceived or born
inside a valid marriage, they are declared by
Article 164 of the Family Code as legitimate.
- When Article 172 of the Family Code therefore
provides for the documents establishing the
filiation of legitimate children or illegitimate
children, it does not in any way derogate the
declaration made by law but merely provides for
the necessary documentary evidence to prove any
claim of legitimate or illegitimate filiation.
- The probative value of the said documents,
however, attains great weight and significance
over all other evidence where the children were
born three hundred days following the
termination of the marriage and no subsequent
marriage has been entered into. This is so because
in such cases, there is no declaration nor
presumption of legitimacy or illegitimacy.
Record of Birth
- A record of birth appearing in the civil register is
good proof as it proceeds from an official
government source. It is considered a public
document and is prima facie evidence of the facts
therein contained
- if there are no evidences to disprove the facts
contained therein, the presumption will hold and
the children, as stated in the birth certificate, shall
be considered legitimate
- If the certificate of live birth is signed by the
parents and more particularly the father, such
certificate of live birth and those other modes
provided in the first paragraph of Article 172 are
self- authenticating and are consummated acts
and therefore there is no further need to file any
action for acknowledgment
- It has been held that if the alleged father did not
sign in the birth certificate, the placing of his name
by the mother, or doctor or registrar, is
incompetent evidence of paternity of said child
- However as between a presumption of fact
created by the record of birth and a presumption
or declaration of law provided for in Article 164,
the latter will prevail
Final Judgement
- A final judgment is a judicial decision bearing on
the status of the children as legitimate and hence,
binding and conclusive.
- A final judgment is likewise a public document.
Hence, final judgment arising from an action to
claim legitimacy under Article 173 is proof of
filiation
- A final judgment however based on a compromise
agreement where the parties stipulated and
agreed on the status of a person is void.
Contractually agreeing and establishing the civil
status of a person is against the law and public
policy.
ADMISSION IN PUBLIC OR PRIVATE HANDWRITTEN
DOCUMENT
- An admission of legitimate filiation in a public
instrument or a private handwritten instrument
and signed by the parent concerned is a complete
act of recognition without need of court action
- If it is a mere instrument, not in the handwriting of
the supposed parent or not a public instrument it
will not qualify under the law.
- Thus, it has been held that a child’s written
consent to the operation of her alleged father, not
being written in the handwriting of the alleged
father, is not a proof of filiation
- Also, a private instrument must be handwritten
and signed by the parents such that a secondary
student permanent record, or a marriage contract
stating that the advice of the alleged father was
obtained, not signed by the alleged father, are not
adequate proofs of filiation
OPEN AND CONTINUOUS POSSESSION OF LEGITIMATE
STATUS
- In the absence of the foregoing evidence, however,
the legitimate or illegitimate filiation can be
proven by the open and continuous possession of
the status of a legitimate child
- “continuous” 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. The
possession of such status means that the father has
treated the child as his own, directly and not through
others, spontaneously and without concealment though
without publicity x x x. There must be a showing of the
permanent intention of the supposed father to consider
the child as his own, by continuous and clear
manifestation of paternal affection and care
- The paternal affection and care must not be
attributed to pure charity
EVIDENCE UNDER THE RULES OF COURT AND SPECIAL
LAWS.
- In the absence also of the evidentiary documents
mentioned in the first paragraph of Article 172(1)
and (2), the Family Code provides in the second
paragraph of Article 172(2) that legitimate
filiation (or illegitimate filiation) shall be proved
by any other means allowed by the Rules of Court
and special laws.
- Significantly, it has been held that pictures,
typewritten letters, and affidavits do not
constitute proof of filiation
- The fact alone that a person used the surname of
his father, after the latter’s death, without his
assent or consent, does not constitute a proof of
filiation or paternity
- the Supreme Court held that, in view of the fact
that filiation may be proved by “any means
allowed by the Rules of Court and special laws,”
this may consist of:
1. baptismal certificate,
2. a judicial admission,
3. a family bible in which his name has been entered,
4. common reputation respecting his pedigree,
5. admission by silence,
6. the testimony of witnesses and such other kinds of
proof admissible under Rule 130 of the Rules of
Court.
- Accordingly, for a baptismal certificate to be proof
of filiation under the Rules of Court, it must be
shown that the father therein participated in the
preparation of the same.
- A birth certificate not signed by the father is not
competent proof of paternity.
- if the alleged father did not intervene in the birth
certificate, e.g., supplying the information himself, the
inscription of his name by the mother or doctor or
registrar is null and void; the mere certificate by the
registrar without the signature of the father is not proof
of voluntary acknowledgment on the latter’s part.
DNA TESTING
- Deoxyribonucleic Acid (DNA) testing is also a valid
means of determining paternity
- If the man’s DNA types do not match that of the child,
the man is excluded as the father. If the DNA types
match, then he is not excluded as the father (Emphasis
in the original).
Probative value:
- In assessing the probative value of DNA evidence, there-
fore, 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
- A complete match between the DNA profile of the child
and the DNA profile of the putative father does not
necessarily establish paternity.
- trial courts should require at least 99.9% as a minimum
value of the Probability of Paternity (“W”) prior to a
paternity inclusion.
- DNA analysis that excludes the putative father from
paternity should be conclusive proof of non-paternity. If
the value of W is less than 99.9%, the results of the DNA
analysis should be considered as corroborative
evidence. If the value of W is 99.9% or higher, then
there is refutable presumption of paternity.
Article 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.
The action already commenced by the child shall
survive notwithstanding the death of either or both of
the parties. (268a)
ACTION TO CLAIM LEGITIMACY
- The right of action for legitimacy devolving upon
the child is of a personal character and generally
pertains exclusively to him.
- Only the child may exercise it at any time during
his lifetime.
- As exception, and in three cases only, it may be
transmitted to the heirs of the child, to wit:
1. if he or she died during his or her minority, or
2. while insane, or
3. after action had already been instituted.
- Inasmuch as the right of action accruing to the
child to claim his or her legitimacy lasts during his
or her whole lifetime, he or she may exercise it
 either against the presumed parents, or his or her - Illegitimate children may use the surname of their
heirs. father if:

Article 174. Legitimate children shall have the right:

1. their filiation has been expressly recognized by the
1) To bear the surname of the father and the mother, father through the record of birth appearing in the civil
in conformity with the provisions of the Civil Code on register, or
Surnames;
2. when an admission in a public document or private
2) To receive support from their parents, their handwritten instrument is made by the father
ascendants, and in proper cases, their brothers and
sisters, in conformity with the provisions of this Code
on Support; and

3) To be entitled to the legitime and other successional

rights granted to them by the Civil Code. (264a)

RIGHTS OF THE LEGITIMATE CHILD

- a legitimate child has his or her whole lifetime to

file an action to claim his or her legitimacy
regardless of what type of proofs he or she has as
provided for in Article 172,
- whereas an illegitimate child has his or her
lifetime to file an action to claim illegitimacy only
if he or she uses the proofs under the first
paragraph of Article 172.
- If such illegitimate child uses the proofs under the
second paragraph of Article 172 (continuous
possession, Rules of Court), such child could only
bring the action within the lifetime of the parent.
- The right of the legitimate child to file an action to
claim his or her legitimacy may be transmitted to
his or her heirs as provided for in Article 173,
while the right of the illegitimate child to claim his
or her status as such is not transmissible to his or
her heirs.
- Also, an illegitimate child has no right to inherit ab
intestato from the legitimate children and
relatives of his father or mother while a legitimate
child can so inherit.

LEGITIMATE ILLEGITIMATE
Use of father & mother’s Use of mother‘s surname
surname
ascendants and
receive support only up to his
descendants with
or her grandparents and his or
respect to the same
her grandchildren
direct line,

Entitled to the legitime & Legitime is 1⁄2 of the legitime

other successional rights of a legitimate child