[Title VI — Paternity and Filiation] child's conception, not legally

barred from marrying each

[Chapter 1: Legitimate Children] other, or even if disqualified
only because either of them or
(Arts. 163 - 171, FC] both were below 18 years of
age at that time, and
In General subsequently contracts
marriage, the child’s filiation
improves as he/she becomes
(1) Paternity and Filiation. Distinguished: legitimized and the
Paternity Filiation ''legitimated'' child eventually
is the civil status of a father in is the civil status of a child in enjoys all the privileges and
relation relation to his or her parents. rights associated with
legitimacy.
2 kinds of Filiation:
1. By nature, which includes artificial insemination: This is not to say that the child’s
2. By adoption. status is referred to as
"legitimated," the Family Code,
there are only two children:
Status of Children legitimate and illegitimate.
Therefore, upon legitimation the
Generally determined by status of marriage child's status becomes
legitimate." Prior thereto, the
The status of a marriage determines in large part the filiation of its
child is illegitimate.
resultant issue.
Thus, the following rules—
Legitimate If conceived or born during a
valid marriage
Special case: children conceived of artificial insemination
Illegitimate If conceived and born outside of
Whether the sperm is that of the husband or that of a donor, the child
a valid marriage
is legitimate if:
Exceptions: 1. both the husband and the wife authorized or ratified such
1. Children of void marriages insemination in a written instrument; and
under Article 36 of the FC 2. such written instrument is executed and signed by them
are legitimate. before the birth of the child.
2. Children of a void marriage
under Article 53 of the FC Surrogate mother contract:
are also legitimate. Our law does not recognize the validity of a surrogate mother
Legitimated If the parents of the illegitimate contract, which is defined as any agreement in which a woman
child were, at the time of the agrees to conceive or carry a child for another individual or a couple,
either free of charge or for a consideration. In this jurisdiction, such
kind of agreement is contrary to law, morals and public policy.
Presumption of Legitimacy
(a) Statement of presumption:
Under Article 164 of the FC, a child conceived or born during a valid
marriage is presumed to be legitimate.
The presumption is grounded in a policy to protect innocent offspring
from the odium of illegitimacy.
(b) requisite for presumption to apply
The presumption of legitimacy under Article 164 of the FC may be
availed only upon convincing proof of the factual basis therefor,
i.e., that the child’s parents were legally married and that his/her
conception or birth occurred during the subsistence of that marriage.
Else, the presumption of law that a child is legitimate does not arise.
Liyao Jr. v Tanhoti-Liyao
The husband and wife were separated in fact for years. During their
separation de facto wife had an illicit relation with another man, with
whom she cohabited and had a child'. When the paramour died, the
wife, on behalf of her child, filed an action for recognition of the latter
as the illegitimate child of the paramour for the purpose of partaking
in the latter's vast estate.
The SC denied the action because the child is presumed to be a
legitimate child of the husband and wife, the child being conceived
and born during the couple's valid marriage.
Concepcion v. CA
The wife, during the subsistence of her marriage with her first
husband, married anew. Thereafter, upon petition of the second
husband, the second marriage was declared void for being bigamous
and the common child of the wife and the second husband was
declared to be an illegitimate child by the trial court. The custody of
the child was awarded to the mother while the second husband was
granted visitation rights. On appeal from the decision granting the
second husband visitation rights over the child,
The SC held that the second husband is not entitled to visitation
rights because of the absence of parent-child relationship between
him and the child. The Court explained that since the child was born
during the valid marriage of the wife and the first husband, the is
child is presumed to be a legitimate child of that marriage.
Mother cannot declare against child’s legitimacy
The presumption of legitimacy will not be affected even if the mother
may have declared against the child’s legitimacy or may have been
sentenced as adulteress.
Concepcion case
the Court held that admission and agreement between'the was born
to them may not be countenanced it would be tantamount to allowing
the mother to make a declaration against the legitimacy of her child,
which is a violation of the rule under Article 167 of the FC. The same
ruling was made in the case of Tanhoti- Liyao with respect to the
petition filed by the mother.
Note that Article 167 of the FC applies only to a situation where the
wife denies the paternity of the husband. Article 167 does not apply
to a situation where a child is alleged not to be the child of nature or
biological child of the couple.
Impugning the Child's Legitimacy
(1) who can impugn
(a) Rule: Impugning the legitimacy of the child is a strictly personal
right of the husband, or in exceptional cases, his heirs for the
simple reason that he is the one directly confronted with the scandal
and ridicule which the infidelity of his wife produces and he should be
the one to decide whether to conceal that infidelity or expose it in
view of the moral and economic interest involved.
As a consequence of this rule, the child cannot choose his own effect the legitimacy of a child born or received within a valid
filiation. If he husband, presumed to be the father does not impugn marriage.
the legitimacy of the child, then the status of the child is fixed, and
the latter cannot choose to be the child of his mother’s alleged
paramour. But if the surviving wife is not the child’s mother, as the child is a
In such a situation, the child cannot successfully maintain an action product of the husband’s prior marriage, , then the surviving wife can
to claim illegitimate filiation against the mother's alleged paramour. also impugn the child’s legitimacy.
Neither may the mother's alleged paramour recognize/ admit his
paternity over the child, for such recognition of paternity may not be
given legal effect.
Both situations are not allowed under the law for two obvious Prescriptive Period of action to impugn Legitimacy
reasons:
(1) those are tantamount to a collateral attack upon the child's 1 year from knowledge of birth , if husband, or in exceptional
legitimacy which is not allowed because the legitimacy of the child or recording of such birth in the cases, any of his heirs, resides
can be impugned only in a direct action brought for that purpose, by civil register in the city or municipality where
the proper parties, and within the period limited by law; and birth took place or was
(2) they are not the proper party to question the child's legitimacy recorded
because impugning the legitimacy of the child is a strictly personal 2 years if the husband or, in his default,
right of the husband, or in exceptional cases, his heirs. all of his heirs do not reside at
the place of birth or where it
was recorded, but all are not
On the other hand, if the presumption of legitimacy is overthrown, the
residing outside the Philippines
child cannot elect the paternity of the husband who successfully Three years ), if husband or, in his default,
defeated the presumption. However, the child may now maintain an all of his heirs reside abroad
action to claim illegitimate filiation against the putative father.

(b) When heirs can file action to impugn (exceptional cases):
1. If husband dies before the expiration of the prescriptive
period;
2. If husband dies after the filing of the action without desisting
therefrom; and
3. If child was born after the death of the husband.
Even if the wife is one of the heir’s of the husband, she cannot
impugn the child’s legitimacy if she is the child’s mother because an
assertion by the other against the legitimacy of her child cannot
Applicability of foregoing periods:
Applicable only if the action is to impugn legitimacy — the child
was the undisputed offspring of the mother but the husband denies
paternity.
If it is asserted that the child is not the child at all of the spouses,
then Articles 170 and 171 of the FC do not apply.
Effect of expiration of Period
Upon the expiration of the periods set forth in Article 170, and in
proper cases Article 171, of the FC, the action to impugn the
legitimacy of a child would no longer be legally feasible and the
status conferred by the presumption becomes fixed and
unassailable.
Grounds to Impugn Legitimacy:
(a) Physical impossibility of sexual intercourse
(aa) within the period of conception: or wihin the first 120 days of the
300 days immediately preceding the birth of the child.
(bb) because of the following reasons:
1. Physical incapacity to have sexual intercourse with the wife
(or impotency of husband).
Reminder: It is only impotency which the law considers as
sufficient ground to impugn the child's legitimacy, and not
sterility.
2. Fact that they were living separately and sexual intercourse
was impossible.
Reminder: Hence, where the husband and the wife
continued to live in the same province after their alleged
separation, the Court did not discount the possibility of
physical access to each other considering their proximity to
one another.
This ground may take place, for instance, when they reside
in different countries or provinces and they were never
together during the period of conception. Or, the husband
was in prison during the period of conception, unless it
appears that asexual union took place through the violation
of prison regulations.
3. Serious illness of husband which absolutely prevented
sexual intercourse.
Reminder: In Andal y. Macaraig, it was held that just because
tuberculosis is advanced in a man does not necessarily mean that he
is incapable of sexual intercourse.
Biological or Scientific Reasons (Husband could not be father):
(aa) Estoppel:
In artificial insemination by sperm of another man, the husband is
expressly prohibited from assailing the child's legitimacy if he
authorized or ratified such artificial insemination in the manner
required by law
(bb) Blood Testing
1. conclusive on non-paternity
2. inconclusive on paternity
Reminder: A blood test eliminates all possibility that the putative
father is the father of a child, if none of the putative father's
phenotype(s) are present in the child's blood type. While the
converse does not hold true (i.e, that the presence of identical
phenotypes in both individuals establishes paternity), the
absence of the former's phenotype in the child's would have
made his paternity biologically untenable.
(cc) DNA Testing
may now be used to establish paternity or non-paternity
In Agustin v. Court of Appeals, where the admissibility of DNA
testing as a means for determining paternity has actually been made
a focal issue in a controversy for the very first time, the Court, after a
recital of past decisions featuring or mentioning DNA testing,
forcefully reiterated its stand that DNA testing is a valid means of
determining paternity.
In Estate of Rogelio Ong v. Diaz, it was held that the death of the
claimed father does not ipso facto negate the application of DNA
testing for as long as there exists appropriate biological samples of
his DNA.
In Lucas v. Lucas, however, the Court held that to warrant the
issuance of the DNA testing order, there must be a show cause
hearing wherein the applicant must first present sufficient
evidence to establish a prima facie case or a reasonable possibility
of paternity or good cause for the holding of the test.
(c) Artificial insemination:
Ground: that written authorization or ratification of either parent was
obtained through mistake, fraud, violence, intimidation or undue
influence.
Legitimacy not subject of Collateral attack
(a) Rule: The issue of legitimacy cannot be attacked collaterally.
The legitimacy of the child can impugned only in a direct action
brought for purpose, by the proper parties, and within the period
limited by law.
Hence:
1. The issue of legitimacy cannot be properly controverted in an
action for reconveyance
2. Nor in an action for partition with inventory and accounting.
3. Nor in a Petition for Correction of Entries under Rule 108.
Effect of Termination of Marriage and Remarriage of Mother on
Child's Status
Applicability of Article 168. FC:
Art. 168. If the marriage is terminated and the mother contracted
another marriage within three hundred days after such termination
of the former marriage, these rules shall govern in the absence of
proof to the contrary:
(1) A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered to have
been conceived during the former marriage, provided it be born
within three hundred days after the termination of the former
marriage;
(2) A child born after one hundred eighty days following the
celebration of the subsequent marriage is considered to have
been conceived during such marriage, even though it be born
within the three hundred days after the termination of the former
marriage.
Requisites:
1. A previous marriage is terminated;
2. The mother contracted another marriage within 300 days
after the termination of previous marriage;
3. A child is born within 300 days after the termination of
previous marriage.
Rules In Determining Paternity (In The Absence Of Proof To
Contrary)
(aa) The child belongs to the first marriage and the first husband is
considered the father if child is born:
1. BEFORE 180 days after the solemnization of the second
marriage AND
2. Within 300 days after the termination of previous marriage.
(bb) The child belongs to the second marriage and the second
husband is considered the father if child is born
1. AFTER 180 days following the celebration of the second
marriage, even if born within 300 days after the termination
of former marriage.
Applicability of Article 169. FC:
Art. 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.
Requisites: [Title VI — Paternity and Filiation]
1. A previous marriage is terminated;
2. A child is born after 300 days following such termination; and [Chapter 2: Proof of Filiation]
3. There is no subsequent marriage at the time of the birth of
the child because the child becomes legitimate if bom inside [Chapter 3: Illegitimate Children]
a valid marriage.
(Arts. 172 - 176, FC)
(b) Rule: In Article 169, the law does not fix the child's status. Hence,
the child's legitimacy or illegitimacy shall be proved by whoever Action to Prove Filiation, In General
alleges the same.
(1) Not Subject to Agreement

 Public policy demands that there be no compromise on the

status and filiation of a child.
 Paternity or filiation is a relationship that must be judicially
established.
 It cannot be left to the will or agreement of the parties.

In Rivero v. CA, the SC nullified a compromise agreement entered

into by one of the children of the deceased acknowledging a claimant
to the estate as an illegitimate child of the deceased person. Such
recognition, according to the court, was ineffectual, because it was
not made by the putative father.

• In Uy v. Chua, the Court likewise declared a Compromise

Agreement void because the same was intended to settle the
question of petitioner's status and filiation, i.e., whether she is an
illegitimate child of the respondent. In the said agreement, the
respondent would pay the petitioner and the latter's brother a sum of
money in exchange for their acknowledgement that they are not the
children of the respondent.
In declaring the Compromise Agreement as void, the Court ruled
that it is evidently covered by the prohibition under Article 2035 of the
Civil Code.
(b) Prohibited compromise:
Article 2035(1) of the NCC prohibits a compromise agreement upon
the civil status of persons.
Action to Claim Illegitimate Filiation:
(a) May be established in same manner:
Illegitimate children may establish their illegitimate filiation in the
same way and on the same evidence as legitimate children.
Except: If proof of illegitimate filiation is any of the following:
1) open and continuous possession of status of an illegitimate child;
or
(2) any other means allowed by the Rules of Court and special law
 the action is required to be brought during the lifetime of
the putative father; otherwise, the action is already barred
by the death of the alleged father.
The Family Code makes no distinction on whether the child is still a
minor when the father dies. Nonetheless, the Family Code provides
the caveat that rights that have already vested prior to its enactment
should not be prejudiced or impaired.
Thus, in Bernabe v. Alejo it was held that illegitimate children who
were still minors at the time the FC took effect and whose putative
parent died during their minority are given the right to seek
recognition for a period of up to four years from attaining majority
age. This vested right was not impaired or taken away by the
passage of the FC.
Accepted Proof of Filiation
1. Record of Birth Appearing in the Civil Register or a Final
Judgment
Importance of birth certificate:
A birth certificate
 is a formidable piece of evidence prescribed by both the Civil
Code and Article 172 of the FC for purposes of recognition
and filiation
 Being a public document, a birth certificate offers prima facie
evidence of filiation and a high degree of proof is needed to
overthrow the presumption of truth contained in such public
document.
When considered as competent evidence:
It is rule that if the father did not sign in the birth certificate, the
placing of his name by the mother, doctor, register, or other
person is incompetent evidence of paternity and the Local Civil
Registrar is devoid of authority to record the paternity of an
illegitimate child upon the information of such third person
The foregoing rule does not, however, apply when there is a
showing that:
 the putative father had a hand in the preparation of the birth
certificate, as when he was the one who went to the Local
Civil Registry and gave all the data about his child's birth,
 or who caused the registration the child's birth certificate,
 or who supplied the information himself about child's birth,
including his paternity.
But when the birth certificate is signed by the father, the same is
competent evidence of paternity and there is no further need, in fact,
to file any action for acknowledgment because said mode is by itself
a consummated act.
Reminder: Baptismal certificate is evidence only to prove the
administration of the sacrament on the dates therein specified, but
not of the veracity of the declarations therein stated with respect to
the parentage of the child baptized. Since baptismal certificates are
per se inadmissible in evidence as proof of filiation, they cannot be
admitted indirectly as circumstantial evidence to prove the same.
Admission to Public and private Handwritten Instrument
Requisites: To be considered competent evidence of paternity or
filiation, the following requisites must concur
1. There must be a statement of admission of paternity or
filiation;
2. It must be signed by the parent concerned; and
3. The admission must be made personally by the parent
himself or herself, not by any brother, sister or relative;
otherwise, such recognition is ineffectual.
Considered consummated act:
The admission of legitimate (or illegitimate) filiation in a public
document or a private handwritten instrument and signed by the
parent concerned is, in itself, a consummated act of acknowledgment
of the child, and no further court action is required.
Public document:
The public document contemplated in Article 172 of the PC refers to
the written admission of filiation embodied in a public purposely
executed as an admission of filiation and not for some other
purpose.
Aguilar v. Siasat, the Court considered Alfredo Aguilar's SSS Form
E-l, by itself as sufficient proof of filiation under Article 172 of the FC,
as said document constitutes an "admission of legitimate filiation in a
public document or a private handwritten instrument and signed by
the parent concerned."
A notarial agreement to support a child whose filiation is admitted
by the putative father is an acceptable evidence to prove paternity.
The notarial agreement must, however, be accompanied by the
putative father's admission of filiation to be an acceptable
evidence of filiation.
Hence, a mere undertaking to provide financial support without
admission of filiation is not an acceptable evidence to prove filiation.
Filiation may likewise be established by holographic as well as
notarial wills, except that they no longer need to be probated or to
be strictly in conformity with the formalities thereof for purposes of
establishing filiation.
Private handwritten instrument:
 Generally, in order for a private handwritten instrument to be
considered competent evidence of filiation, it is necessary that:
1. that there must be statement of admission of filiation; and
2. the handwritten instrument must be signed by the parent
concerned.
 Are the foregoing twin requirements to be strictly applied?
 What if there is admission of filiation in the handwritten
instrument but the same was not signed by the alleged
parent, can it not be considered as competent evidence
of filiation?
 In the case of Dela Cruz v. Gracia, the Court adopted the
following rules respecting the requirement of affixing the
signature of the acknowledging parent in any private
handwritten instrument wherein an admission of filiation of a
legitimate or illegitimate child is made:
a. Where the private handwritten instrument is the lone piece of
evidence submitted to prove filiation, there should be strict
compliance with the requirement that the same must be
signed by the acknowledging parent; and
b. Where the private handwritten instrument is accompanied by
other relevant and competent evidence, it suffices that the
claim of filiation therein be shown to have been made and
handwritten by the acknowledging parent as it is merely
corroborative of such other evidence.
 If the child is presumed to be a legitimate child by applying the
provisions of Article 164 of the FC, any admission of paternity
by the wife’s paramour to prove illegitimate filiation may not be
 given effect. It is only when the legitimacy of a child has been
successfully impugned that the paternity of the husband can be
rejected.
Open and Continuous Possession of Status as Legitimate or
Illegitimate Child:
CONCEPT:
 It means the enjoyment by the child of the position and
privileges usually attached to the status of a legitimate or an
illegitimate child as the case may be.
REQUISITES:
 To prove open and continuous possession of the status of an
illegitimate child, there must be evidence of the manifestation of
the permanent intention of the supposed father to consider the
child as his, by continuous and clear manifestations of
parental affection and care, which cannot be attributed to pure
charity.
 Such acts must be of such a nature that they reveal not only the
conviction of paternity, but also the apparent desire to have and
treat the child as such in all relations in society and in life, not
accidentally, but continuously.
 By “continuous” is meant uninterrupted and consistent, but
does not require any particular length of time.
CASE: Perla v. Baring
 the child offered the following testimony to prove his illegitimate
filiation with the putative father:
a. that during their first encounter in 1994, the child called the
alleged father as “Papa” and kissed his hand while the alleged
father hugged him and promised to support him; and
b. that his alleged Aunt treated him as a relative and was good to
him during his one-week stay in her place.
 The Court ruled that such acts cannot be considered as
indications of Randy’s open and continuous possession of the
status of an illegitimate child under the second paragraph of
Article 172(1).
 The Court held that except for that singular occasion in which
they met, there are no other acts of the alleged father treating
the child as his son.
 Neither may paternity be deduced from how the alleged father’s
sister treated the child because in the mind of the Court, such
actuations could have been done due to charity or some other
reason.
Ong v. Court of Appeals
 the Court held that the four times during which the alleged father
met the child and gave the latter money cannot be considered
proof of continuous possession of the status of a child.
 According to the Court, the father’s conduct toward his son
must be spontaneous and uninterrupted for this ground to exist.
 In said case, there were no other acts shown of the alleged
father treating the child as his except on the four occasions
during which they met.
Any Other Means Allowed by the Rules of Court and Special
Laws.
1. DNA TEST:
 Competent evidence to prove filiation and paternity.
 Herrera v. Alba
 the Court held that an order directing the alleged father to
undergo DNA paternity testing does not violate his right against
self-incrimination because such right applies only to testimonial
evidence.
 The Court likewise ruled that our Rules on Evidence do not
pose any legal obstacle to the admissibility of DNA analysis as
evidence.
 Estate of Rogelio Ong v. Diaz
 it was held that the death of the claimed father does not ipso
facto negate the-application of DNA testing for as long as there
exists appropriate biological samples of his DNA.
 Lucas U. Lucas  Makati Shangrila Hotel and Resort, Inc. v. Harper
 however, the Court held that to warrant the issuance of the  the Court clarified that the case of Heirs of Ignacio Conti v.
DNA testing order, there must be a show cause hearing Court of appeals did not treat a baptismal certificate, standing
wherein the applicant must first present sufficient evidence to alone, as sufficient to prove filiation; on the contrary, Conti
establish a prima facie case or a reasonable possibility of expressly held that a baptismal certificate had evidentiary value
paternity or good cause for the holding of the test. The Court to prove filiation if considered alongside other evidence of
also stressed that the issuance of a DNA testing order remains filiation.
discretionary upon the court.  As such, a baptismal certificate alone is not sufficient to resolve
 The court may, for example, consider whether there is absolute a disputed filiation.
necessity for the DNA testing. If there is already preponderance
of evidence to establish paternity and the DNA test result would Who Can File Action to Claim Filiation and Prescriptive
only be corroborative, the court may, in its discretion, disallow a
DNA testing. LEGITIMATE FILIATION ILLEGITIMATE
FILITATION
Who can file Gen Rule: The child Gen Rule: The child
2. BLOOD TEST:
claiming legitimate claiming illegitimate
 Not conclusive for the purpose of establishing paternity. Hence,
filiation. filiation.
not competent evidence.
Exception: Exception:
His heirs can file in any of His heirs can file in
3. PHYSICAL RESEMBLANCE:
the following cases - any of the following
 The extremely subjective test of physical resemblance or
a. When the child dies cases -
similarity is not competent evidence to prove paternity and during minority; a. When the child
filiation. b. When the child dies dies during
during state of minority;
insanity. b. When the child
4. OTHER PROOF
dies during state
 The FC also allows to establish his claimed filiation by “any other Action already of insanity.
means allowed by the Rules of Court and special law,” like his commenced by the child
baptismal certificate, a judicial admission, a family Bible in which shall survive
his name has been entered, common reputation respecting his notwithstanding the death
pedigree, admission by silence, the testimonies of witnesses, of either or both parties.
and other kinds of proof admissible under Rule 130 of the Rules
of Court. Prescriptive Gen. Rule: The action 1. If the action to
 The totality of evidence, however, should be sufficient to Peirod may be filed during the claim illegitimate
establish filiation because a high standard of proof is required to lifetime of the child. filiation is based on
establish paternity and filiation. admission of paternity
 An order for recognition must be issued only if paternity or Exception: In exceptional or filiation in the birth
cases Where the action is certificate or written
filiation is established by clear and convincing evidence.
transmissible to the heirs,
the action must be filed
within five years from the
death of the child.
instrument:
Gen. Rule: The action
may be filed during the
lifetime of the child and
even after the death of
the putative father.
Exception: In
exceptional cases
where the action is
transmissible to the
heirs, the action must
be filed within five
years from the death
of the child.
2. If the action is
based on the following
evidence:
i. open and
continuous
possession of
status of
illegitimate filiation;
or
ii. any other means
allowed by the
Rules of Court and
special laws, the
action must be
brought during the
lifetime of the
alleged parent
otherwise, the 1. Legitimate Children
action is already
barred by the
death of the
alleged father.
The FC makes no
distinction on whether
the child is still a minor
when the father dies.
Nonetheless, the FC
provides the caveat
that rights that have
already vested prior to
its enactment should
not be prejudiced or
impaired.
Bernabe v. Alejo
it was held that
illegitimate children
who were still minors
at the time the FC took
effect and whose
putative parent died
during their minority
are given the right to
seek recognition for a
period of up to four
years from attaining
majority age.
This vested right was
not impaired or taken
away by the passage
of the FC.
Rights of Legitimate and Illegitimate Children
 Right to Use Surname:
 RULE: Have the right to use the surnames of the father and
mother, in conformity with the provisions of the Civil Code on
 surnames. But they shall principally use the surname of the
father.
 Right to Receive Support:
 Support of legitimate children is a liability of the absolute
community of property or of the conjugal partnership of gains.
 If the community property or the conjugal partnership is
insufficient to pay for such support, the spouses shall be liable
solidarily liable for the same with their separate properties.
 Successional Rights:
 Compulsoy Heir
 Legitimate children are compulsory heirs, with respect to their
legitimate parents and ascendants and their legitime consists of
one-half of the hereditary estate of the father and of the mother
 Intestate heir
 Legitimate children are intestate or legal heirs of their parents
and other ascendants.
 Citizenship:
 On the matter of citizenship, it is a settled rule that only
legitimate children follow the citizenship of the father.
 Under Article IV, Section 1(4) of the 1935 Constitution, the
citizenship of a legitimate child born of a Filipino mother and an
alien father followed the citizenship of the father, unless, upon
reaching the age of majority, the child elected Philippine
citizenship.
 The right to elect Philippine citizenship was recognized in the
1973 Constitution when it provided that “those who elect
Philippine citizenship pursuant to the provisions of the
Constitution of nineteen hundred and thirty-five are citizens of
the Philippines.”
 Likewise, this recognition by the 1973 Constitution was carried
over to the 1987 Constitution which states that “those born
before January 17, 1973 of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority are
Philippine citizens.”
2. Illegitimate Children
 Right to Use Surname:
 RULE: Illegitimate children shall use the surname of the mother
 As a rule, an illegitimate child does not have right to use the
father’s surname.
 When illegitimate child acquires right to use father’s
surname:
 An illegitimate child acquires the right to use surname his/her
illegitimate father if:
a. If his/her filiation has been expressly recognized by the
father through the record of birth appearing in the civil
register; or
b. When an admission of paternity is made by the father in a
public document or private handwritten instrument.
 Reminders:
 Grande v. Antonio
 The Court clarified that Article 176 of the FC, as amended by
RA. No. 9255, gives illegitimate children the right to decide if
they want to use the surname of their father or not.
 It is not the father or the mother who is granted by law the
right to dictate the surname of their illegitimate children.
 The use of the word “may” in the provision readily shows that
an acknowledged illegitimate child is under no compulsion to
use the surname of his illegitimate father.
 Hence, a father cannot compel the use of his surname by his
illegitimate children upon his recognition of their filiation.
 In the same case, the Court declared void the provision of the
Implementing Rules and Regulations (IRR) of RA. No. 9255,
Office of Civil Registrar General (OCRG) Administrative Order
No. 1, Series of 2004, issued by the National Statistics Office-
Office of the Civil Registrar General, which makes it
 mandatory on the part of illegitimate children to use the
surname of their father upon recognition.
 While 176 of the FC, as amended by RA. No. 9255, does not
explicitly state that the private handwritten instrument
acknowledging the child’s paternity must be signed by the
putative father, this provision, however, must be read in
conjunction with related provisions of the FC which require that
recognition by the father must bear his signature, specifically
Articles 172 and 175 of the same Code.
 That a father who acknowledges paternity of a child through a
written instrument must affix his signature thereon is clearly
implied in Article 176 of the Family Code.
 If the admission of paternity is made in a private handwritten
instrument which was not signed by the father, may the
illegitimate child be allowed to make use of the father’s surname
on the basis of such instrument?
 Dela Cruz v. Gracia
o The Court allowed the child to use the father’s surname on the
basis of such private handwritten instrument considering that
there are other evidence to prove paternity and filiation.
o In the same case, the Court adopted the following rules
respecting the requirement of affixing the signature of the
acknowledging parent in any private handwritten instrument
wherein an admission of filiation of a legitimate or illegitimate
child is made:
a. Where the private handwritten instrument is the lone piece
of evidence submitted to prove filiation, there should be
strict compliance with the requirement that the same must
be signed by the acknowledging parent; and
b. Where the private handwritten instrument is accompanied
by other relevant and competent evidence, it suffices that
the claim of filiation therein be shown to have been made
and handwritten by the acknowledging parent as it is merely
corroborative of such other evidence.
 Parental Authority:
 Rule: Illegitimate children shall be under the parental authority
only of their mother, and this rule applies whether or not the
illegitimate father admits paternity.
 Effect of Recognition:
 The recognition of paternity by the illegitimate father does not
entitle him to have parental authority and custody over
illegitimate children.
 Such recognition could be a ground for ordering the illegitimate
father to give support to, but not custody of, the child.
 But an illegitimate father is entitled to visitation rights.
 Support
 Reminder:
 Support of illegitimate children of either spouse is the
liability of the exclusive or separate property of the
illegitimate parent concerned.
 However, in case of absence or insufficiency of exclusive
property of the parent concerned, the same shall be
advanced by the absolute community.
 In conjugal partnership, the support of illegitimate children
can be charged over the assets of the conjugal partnership
in case of absence or insufficiency of property of the
illegitimate parent only if the other responsibilities of the
conjugal partnership mentioned in Article 121 of the Family
Code have already been covered.
 Successicnal Rights
 Compulsory Heir:
 Illegitimate children are compulsory heirs and the legitime of
each illegitimate child shall consist of one half of the legitime
of a legitimate child.
 Intestate heir:
 Illegitimate children are intestate or legal heirs of their
illegitimate parents
 Citizenship:
 Only legitimate children follow the citizenship of the father
and that illegitimate children are under the parental authority
of the mother and follow her nationality.
 Moreover, it was likewise ruled that an illegitimate child of a
Filipina need not perform any act to confer upon him all the
rights and privileges attached to citizens of the Philippines;
he automatically becomes a citizen himself.
Title VI -Paternity and Filiation
Chapter 4: Legitimation
(Arts. 177 182, FC)
Legitimation
 CONCEPT
 Legitimation is the process provided under our law where the
status of a child conceived and born out of wedlock is
improved, by operation of law, from illegitimacy to that of
legitimacy by the mere subsequent marriage of the parents.
 REQUISITES:
1. The child is conceived and born outside of wedlock
2. At the time of conception of the child, his/her parents were not
disqualified by any impediment to marry each other, or were so
disqualified only because either or both of them were below 18
years of age;
3. After the birth of the child, his/her parents subsequently got
married;“ and
4. Such marriage is not void ab initio.
 REMINDER:
 In legitimation, the reckoning point is the period of conception.
 It is the situation of the parents at the time of the child’s
conception which is material without regard to the parent’s
situation at the time of the child’s birth.
 Thus, if the parents were disqualified to marry each other at the
time of the child’s conception for reasons other than the
parent’s age, the child cannot be legitimated, even if such
impediment is no longer existing at the time of the child’s birth.
 But if at the time of the child’s conception, the parents were not
disqualified by any impediment to marry each other, or were so
disqualified only because either or both of them were below 18
years of age, the child can be legitimated by the subsequent
marriage of the parents even if an impediment existed at the
time of the child’s birth.
 The subsequent marriage of the parents must not be void ab
initio, otherwise, legitimation shall not take place.
 If the marriage is simply voidable, the annulment of such
marriage shall not affect the legitimation because a voidable
marriage produces legal effects.
 In the same way, even if the marriage of the parents is void ab
initio but if the ground for the nullity of the marriage is either
Article 36 or 53 of the Family Code, it is submitted that
legitimation also takes place because the intent of the Family
Code is to make the children of these void marriages
legitimate.
 EFFECTS OF LEGITIMATION:
 Child becomes legitimate:
 Prior to the marriage of the parents, the status of the child is
illegitimate.
 Upon the celebration of the marriage between the child’s
parents, the status of the child is ipso jure raised to legitimacy
and the child becomes entitled to the same rights being
enjoyed by a legitimate child.
 Note that legitimation takes place ipso jure by the mere
subsequent marriage of the parents without need of any
additional act on the part either of the parents or of the child.
 Effects retroactive:
 Upon the celebration of the marriage between the child’s
parents, the effects of legitimation shall retroact to the time of
the child’s birth.
 If the child dies prior to the marriage of his/her parents, the
subsequent marriage of his/her parents shall nonetheless
benefit his/her descendants.

 Action to Impugn Legitimation:

 Who may impugn:
 Only those who are prejudiced in their rights as a result of the
legitimation may impugn the same.
 The rights referred to are successional rights. Hence, only
those whose successional rights are directly affected may
impugn the legitimation that took place.

 Prescriptive period:
 Five years from the time of death of either of the parents of the
child, from whom the plaintiff/petitioner is a compulsory or
intestate heir.

Grounds: For purposes of impugning the legitimation of a child, the

inquiry is limited to the issue of whether or not the following
requisites of legitimation were complied with:
1. the child was conceived and born outside of wedlock;
2. at the time of the child’s conception, his/her parents were not
disqualified by any impediment to marry each other, or even if
so disqualified, the sole reason for disqualification was because
either or both of the parents were below 18 years of age at that
time;
3. the parents of the child subsequently marry each other; and
4. such marriage is valid, or, at least, voidable. If the foregoing
requisites are not complied with, then legitimation does not take
place.