FAMILY CODE OF THE PHILIPPINES

(Executive Order 209)

LECTURE 8 - PATERNITY AND FILIATION

sTUDy GurDE:
1. Classification of children

LEGITIVATE lLLEGITIMATE

(a) conceived or born during (a) conceived and born outside

valid and annullable marriages; a valid marriage, or in a void
marriage;
(b) conceived or born in void
marriages under Article 36, and (b) conceived and born after
Article 40 in relation to 52 and the decree of annulment
53;

(c) conceived or born during the

subsistence of subsequent
marriage due to presumptive
death but prior to the
reappearance of the absent;

(d) product of artificial

insemination of the wife

provided that both of them

authorized or ratified such
insemination in a wi.ffen
ins(omen( executed and
signed by them before the birth
of the child;
 LEGITIMATE ILLEGiTirvIATE

(d) Iegitimated children (enjoy

the same rights as legitimate);

(e) adopted children (status as a

leg`ltimate)

2. Rights and Parental Authority of Children

LEGITIMATE lLLEGITIVATE

(a) right to be supported; (a) right to be supported;

(b) right to bear surname of the (b) generally, bears the

father; surname of the mother unless
child's filiation has been
acknowledged. In the latter
case, the child may use the
surname of his father;

(c) joint parental authority of the (c) parental authority of the

mother and the father mother unless the latter is unfit

(d) right to legitime and intestate (d) right to legitime and

share intestate share equivalent to
one half of the legitime/share of
one legitimate child

(e) Declaration (or Presumption) (e) There is no declaration or

of Legitimacy attaches when a presumption under the law. The
child is conceived or born during illegitimate child must prove
the subsistence of a valid histher filiation before he/she
marriage. This means that can accorded such status.
legitimate children does not need

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 LEGITIMATE ILLEGITIMATE

to do any further act to be

considered as legitimate.

However, in case there is a

subsequent 2nd valid marriage,
and the family of the second
marriage denies legitimacy of a
child of the prior 1 st marriage, the
latter must claim his status in an
action for legitimacy.

3. Impugning the legitimacy of a legitimate child

(a) Only the father can impugn leg'itimacy as it is a personal right

of the father;

(b) The heirs are mere substitutes of the husband and therefore
cannot file any action to impugn the legitimacy of the child as
long as the husband is alive. The heirs can only file such a
su`it after the death of the husband within the applicable
prescriptive period. Hence, they can only impugn if:

(i) the husband should die before the expira(ion of the period
fixed for bringing the husband's action;

(ii) If he should die after the filing of the complaint without

having desisted therefrom; or

(iii) lf the child was born after the death of the husband.

(c) Prescriptive Period..

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 (i) One (1) 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;

(ii) Two (2) years if the husband or, in a proper case, the
heirs, do not reside at the place of birth but within the
Philippines; and

(iii) three (3) years if the husband or, in a proper case, the
heirs, reside abroad

The reckoning period of the foregoing shall be from the

knowledge of birth, or if the birth of the child has been
concealed from or was unknown to 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.

(d) Ejtc/usi.ve grounds for impugning legitimacy

(i) PHYSICAL IMPOSSIBILITY to have sexual intercourse

within the first 120 days of the 300 days (i.e. first four
months) immediately preceding the birth of the child due
to:

-The physical incapacity to have sexual

intercourse;

-The spouses were living separately in such a way

that sexual intercourse was not possible;

-Serious illness of the husband, which absolutely

prevented sexual intercourse;

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 (ii) BIOLOGICAL OR OTHER SCIENTIFC REASONS that
the child could not have been that of the husband except
in cases where artificial insemination was validly made;

(iii) WRITTEN AUTHORIZATION OR RATIFICATloN IN

ARTIFICIAL INSEMINATION WAS VITIATED (i.e.
obtained through mistake, fraud, violence, intimidation,
or undue influence).

(f) The mother cannot impugn legitimacy of her children even if

she was sentenced as adulteress.

The law dces not give the mother the standing to file an action
to impugn the legitimacy of her children because matemity is
never certain, and for reasons of decency and morality.

(g) Impugning the legitimacy must be made in a direct proceeding

instituted for such purpose, It cannot be set up by way of
defense or a collateral issue.

(h) Bastardization of a child is a very serious matter which public

policy does not encourage. After the lapse of the prescriptive
period, the status of the child becomes fixed and cannot be
questioned anymore.

Pnor to the Family code, a family home may be constituted judicially

by filing of a petition in court, or extraiudicially by recording of a
public instrument in the proper registry of property declaring the
establishment of the family home

5lpag€
 Under the Family Code, however, judicial order or registration is no
longer necessary. The family home is deemed constituted on a
house and lot from the time it is cocupied as family residence.

4. Rules if the marriage is terminated and the mother contracted

another marriage within 300 days from termination (in the absence
Of proof)

(a) lf a child is born within 6 months (or 180 days) from

solemnization of subsequent marriage and within 10 months
(300 days) from the termination of the first maITiage---CH ILD
IS LEGITIMATE OF THE FIRST MARRIAGE;

(b) lf a child is born within 6 months (or 180 days) from

subsequent marriage but beyond 10 months (or 300 days)
from the termination of the marriage -CHILD IS LEGITIMATE
OF THE SECOND MARRIAGE;

(c) lf a child is born after 6 months (or 180 days) from the
subsequent marriage regardless of whether or not the child is
born within or beyond 10 months (or 300 days) from the
termination of marriage-CHILD IS LEGITIMATE OF THE
SECOND MARRIAGE;

(d) lf a child is born after 10 months (or 300 days) from the
termination of the first marriage, legitimacy of illegitimacy shall
be proved by whoever alleges such.

5. Proof of Filiation

(a) Proof of filiation applies in cases where an illegitimate child is

claiming filiation to his putative father or a legitimate child of
a first marriage claims legitimacy because the family of a
second valid marriage denies his mer status as such.

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 (b) Types of prcof.

(i) Primary proof:

- Record of birth appearing in the CMI register;

- Final judgment;

-Admission of legitimate filiation in a pub//.c document;

-Private hantwri.#en instrument and signed by the parent

concerned.

(ii) Secondary proof (presented in the absence of primary

proofs):

- Open and continuous possession of the status of a

legitimate child;

"open" means with publicity i.e. without concealment while

"conti.nuous" means the father's conduct toward his son

must be spontaneous and uninteITupted, and such acts

must be of such nature to reveal not only the conviction but
apparent des.ire to have and treat the child as such.

-Any other means allowed by the Rules of Court and special

laws

(c) Prescriptive Period

(i) lf the action is to claim legitimacy (by a legitimate child of

the first valid marriage), the action must be filed during the
lifetime of the child, or within five (5) years in case it is the
child's heirs who will bring the action due to the death of

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 the child when the latter is still minor or in a state of
insanity;

(ii) lf the action is to claim filiation by an illegitimate child,

-and the available evidence is PRIMARY proof, the same

prescriptive period as the legitimate child, that is, during

the lifetime of the child, or within five (5) years in case it
is the child's heirs; but

-when the evidence is SECONDARY, the action must be

brought during the lifetime of the alleged parent. The
reason being that unlike primary proofs which constitute
public record and admissions, and therefore, conclusive,
more or less, secondary proofs which consist of photos,
testimonial evidence, and other documents are not
conclusive, and therefore, contestable. Since they are not
conclusive, the putative parent must be given the
opportunity to contest them,

(d) Evidence that does not constitute proof of filiation

(i) Meeting the child four times to give him/her money;

(ii) Claimant's student and government records indicating

the name of a person as the father;

(iii) Wedding pictures showing that the alleged father

gave her hand in mamage;

(iv) Baptismal certificate is not a proof since the father

dces not have a hand in the preparation thereof;

(v)Love letters that do not contain any admission of

paternity (if the letter contains declaration that a person is

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 the wnter's child, it may be considered as a primary proof
being a private handwritten admission)

(vi) Sending the child to school;

(vii) Paying the tuition, school uniforms and other

ed ucational expe nses , monthly a I Iowa nce ,
hospitalization;

(viii) Calling the child "hija"

The foregoing prcofs, by themselves alone, are not

sufficient evidence to establish filiation. However, if taken
together, these evidence may prove paternity and filiation.

6. Legjtimation

(a) Requirements:

(i) Child is illegitimate;

(ii) Parents at the time of the conception are not disqualified

by any impediment from manying or so disqualified because
elther or both were below 18;

(iii) Valid (or at least voidable) marriage of the parent

subsequent to the child's birth.

(b) Legitimation takes place by operation of law upon marriage of

the parents and when the requirements of the law are fulfilled;

(c) Legitlmation creates blcod-relationship to the full extent

(including descendants);

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 (d) Legitimation retroacts at the time of birth;

(e) Legitimation of a child who dies before the celebration shall

benefit hismer descendants.

(f) Legitimation shall not be affected by annulment of marriage.

(g) Legitimation may be Impugned within five years by those who are
prejudiced on the following grounds:(i) void subsequent marriage; or
(ii) the subject child is not a natural child

APPLICATION PROBLEMS:
1. Ed and Beth have been married for 20 years without children. Desirous
to have a baby, they consulted Dr. Jun Canlas, a, prominent medical
specialist on human fertility. He advised Beth to undergo artificial
insemination. It was found that Ed's sperm count was inadequate to
induce pregnancy. Hence, the couple lcoked for a willing donor. Andy
the brother of Ed, readily consented to donate his spem. After a series
of test, Andy's sperm was medically introduced into Beth's ovary. She
became pregnant and 9 months later, gave birth to a baby boy, named
Alvin.

(a) Who is the Father of AMn? Explain.

(b) What are the requirements, if any, in order for Ed to establish his
paternity over Alvin?

2. Spouses 8 and G begot two oftsprings. Albeit they had serious

personality diferences, the spouses continued to live under one rcof. 8
begot a son by another woman. G also begot a daughter by another
man. A. If G gives the surname of 8 to her daughter by another man,
what can a do to protect their legitimate children's interests? Explain. 8.
If 8 acquiesces to the use of his surname by G's daughter by another
man, what is/are the consequence/s? Explain.

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3. Steve was married to Linda, with whom he had a daughter, Tintin. Steve
fathered a son with Dina, his secretary of 20 years, whom Dina named
Joey, born on September 20,1981. Joey's birth certificate did not
indicate the father's name. Steve died on August 13,1993, while Linda
died on December 3,1993, leaving their legitimate daughter, Tintin, as
sole heir` On May 16,1994, Dina filed a case on behalf of Joey, praying
that the latter be declared an acknowledged illegitimate son of Steve
and that Joey be given his share in Steve's estate, which is now being
solely held by Tintin. Tintin put up the defense that an action for
recognition shall only be filed during the lifetime of the presumed
parents. Also, according to Tintin, Joey's birth certificate does not show
that Steve is his father. Are the defenses set up by Tintin tenable?

4. Roderick and Faye were high school sweethearts. When Roderick was
18 and Faye, 16 years old, they started to live together as husband and
wife without the benefit of marriage, When Faye reached 18 years of
age, her parents forcibly took her back and arranged for her marriage
to Brad. Although Faye lived with Brad after the marriage, Roderick
continued to regularly visit Faye while Brad was away at work. During
their marriage, Faye gave birth to a baby girl, Laica. When Faye was
25 years old, Brad discovered her continued liaison with Rodenck and
in one of their heated arguments, Faye shot Brad to death` She lost no
time in manying her true love Roderick, without a marriage license,
claiming that they have been continuously cohabiting for more than 5
years.

(a) What is the filiation status of Laica?

(b) Can Laica bring an action to impugn her own status on the ground
that based on DNA results, Roderick is her biological father?
(c) Can Laica be legitimated by the marriage of her biological
parents?

5. In 1997, 8 and G started living together without the benefit of mamage.

The relationship produced one offspring, Venus. The coiiple acquired
a residential lot in Parafiaque. After four (4) years or in 2001, G having
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 completed her 4-year college degree as a fulltime student, she and 8
contracted marriage without a license. The marriage of 8 and G was,
two years later, declared null and void due to the absence of a marriage
license. Is Venus legitimate, illegitimate, or legitimated? Explain briefly.

6. Gigolo entered into an agreement with Majorette for her to cany in her
womb his baby via in vitro fertilization. Gigolo undertook to underwrite
Majorette's pre-natal expenses as well as those attendant to her
delivery. Gigolo woiild thereafter pay Majorette P2 million and] in return,
she would give custody of the baby to him. After Majorette gives birth
and delivers the baby to Gigolo following her receipt of P2 million, she
engages your services as her lawyer to regain custody of the baby. Is
the child entitled to support and inheritance from Gigolo? Explain.

7. Ganna was born to Andy and Aimee, who at the time Gianna's birth
were not married to each other. While Andy was single at the time,
Aimee was still in the process of securing a judicial declaration of nullity
on her mar age to her ex-husband. Gianna's birth certificate, which
was signed by both Andy and Aimee, registered the status of Gianna
as "legitimate", her surname canying that of Andy's and that her
parents were married to each other. Assuming that Aimee is successful
in declaring her former marriage void, and Andy and Aimee
subsequently married each other, would Ganna be legitimated?

*#EITD**

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