[PFR] Module 7: Paternity & Filiation

Natural Filiation

• A blood or biological relationship between the child and the parents.

• May be legitimate or illegitimate.

Adoptive Filiation

• A relationship created via a legal decree or administrative process rather than blood, which legally treats the individual as a legitimate child of the adoptor.

Legitimate Filiation

• Children who are conceived or born inside a valid marriage of the parents, or through qualified artificial insemination.

• They enjoy full legal rights, including the right to use the father’s surname and a full share in inheritance (legitime).

Illegitimate Filiation

• Children who are conceived and born outside of a valid marriage. Under Article 176 of the Family Code, they generally use the mother’s surname and receive a legitime equal to one-half of that of a legitimate child, provided their filiation is legally established.

Impugn

• To challenge, dispute, or call into question the truth, validity, honesty or integrity of a statement, witness, evidence or judicial decision.

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:

   1. the physical incapacity of the husband

   2. the husband and wife were living separately in such a way that sexual intercourse was not possible; or

   3. serious illness of the husband, which absolutely prevented sexual intercourse

2. It 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 Art. 164; or

3. In case of children conceived through artificial insemination, the written authorization of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence

According to Art. 166, what are the 3 grounds on which the legitimacy of a child may be impugned?

Article 166

What is the provision for the grounds on which the legitimacy of a child may be impugned?

Article 164

What is the provision for what is considered a legitimate child (includes guidelines for children conceived through artificial insemination)?

Article 165

What is the provision for what counts as an illegitimate child?

Article 167

What is the provision for how a child is considered legitimate even if the mother declares against it or is sentenced as an adulteress?

Legitimacy

• A statutory civil status created and declared strictly by law whenever a child is born or conceived during a valid marriage.

Filiation

• The biological relationship—the state of being someone’s offspring.

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

What are the cases where the heirs of the husband may impugn the filiation of the child within the period prescribed in Article 170?

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 signed by the parent concerned.

Under Art. 172, the filiation of legitimate children is established by any of the ff:

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

Under Article 172, In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

Article 172

What article is the provision for how the filiation of legitimate children can be established?

1. To bear the surnames of the father and the mother, in conformity with the provisions 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 on Support; and

3. To be entitled to the legitime and other successional rights granted to them by the Civil Code

Under Article 174, what are the rights of legitimate children?

Article 174

What is the article for the provision that lists the rights of legitimate children?