Professional Documents
Culture Documents
Paternity and Filiation Study Guide CivRev
Paternity and Filiation Study Guide CivRev
sTUDy GurDE:
1. Classification of children
LEGITIVATE lLLEGITIMATE
LEGITIMATE lLLEGITIVATE
2 I P a g L`
LEGITIMATE ILLEGITIMATE
(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;
(iii) lf the child was born after the death of the husband.
3 1 P zl g 1`
(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
4 I ,) :i g 1}
(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;
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.
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.
(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
6 I I) il g 1.
(b) Types of prcof.
- Final judgment;
7 I I , (i LJ 1,
the child when the latter is still minor or in a state of
insanity;
8 I I) a g e
the wnter's child, it may be considered as a primary proof
being a private handwritten admission)
6. Legjtimation
(a) Requirements:
9 I I) i` g L`
(d) Legitimation retroacts at the time of birth;
(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.
loll) i` = 11
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.
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**
12 I P `L L! 1`