REVIEWER FOR RECITATION
TITLE V – FAMILY
CHAPTER 1
FAMILY AS A SOCIAL INSTITUTION
Article 149. The family as a basic
autonomous social institution
 Article II, Section 12
1. the family as a basic
autonomous social institution;
2. equally important is the life of
the mother and the unborn from
conception;
3. right and duty of the parents in
child-rearing
 Article II, Section 13 – the role of the
youth in nation-building
 Article II, Section 14 – the role of
women in nation-building
 Article XIII – protecting working
mothers by providing safe and healthful
working conditions, taking into account
their maternal functions
 Article XV, Section 1 – Filipino family as
the foundation of the nation
 Article XV, Section 2 – Marriage as an
inviolable social institution
 Article XV, Section 3 – the State’s duty
to defend:
1. the right of spouses to found a
family in accordance with
religious convictions and
demands of responsible
parenthood
2. right of children to assitance and
special protection from all forms
of neglect, abuse, cruelty,
exploitation, etc.
3. right of the family to a family
living wage and income
4. right of families or family
associations to participate in the
planning and implementation of
policies and programs
 Article XV, Section 4 – duty of the
family to care for its elderly members
 UN Convention on the Rights of the
Child – bill of rights for children that
seeks to provide explicit legal protection
against violence and exploitation
 World Summit for Children –
commitment to try to end child deaths
and malnutrition by the year 2000
Article 150. Family relations
include those:
1. Between husband and wife
2. Between parents and
children
3. Among brothers and sisters
(full or haf-blood)
 Brothers/Sisters-in-law are not
included
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 towards a
compromise have been made but
that the same have failed. If
otherwise, case is dismissed.
Avoidance of Family Suits
to Remarry
 A lawsuit between close relatives
generates deeper bitterness than
between strangers
If a Stranger is Involved
 No need to assert or allege earnest
Father Succeeds to Son’s Obligations
efforts at compromise, to avoid
inconveniencing the stranger
Compromises not Considered Valid
1. Civil status
2. Validity of a marriage or legal
separation
3. Any ground for legal separation
Future Support Cannot be Compromised
4. Future support
5. Jurisdiction of courts
6. Future legitime
 If the complaint fails to state that
there was an attempt to
compromise, a motion to dismiss on
said ground may be filed if:
a. The suit involves matter cannot
be compromised
b. Suit is between members of the
same family
 NOTE: Jurisdiction over the subject
matter cannot be waived, venue
may be waived or compromised
except in criminal cases as a venue is
jurisdictional.
 Lack of jurisdiction can be
challenged at any stage of the
proceedings. A court can dismiss the
case ex mero motu.
Agreement of Spouses to Allow Each Other
 Such is contrary to law, morals, and
good customs, therefore a notary
public notarizing the agreement
should be suspended for 6 months
 Father succeeds to the personal
rights and obligations of his son in
the latter’s contract or juridical
relation with Dilson
 He has material interest as he is the
owner of the car
 In Versoza et al. v. Versoza, the
petitioner claims financial support
(past, present, and future) from the
husband for allegedly abandoning
her and her children.
 Respondent filed for a motion to
dismiss on grounds that the
complaint failed to state than an
attempt to compromise took place.
 RULING: The complaint prevails as
even though the petitioner claims for
financial support (something that
cannot be compromised). The rule
that a case can be dismissed by
failure to state an attempt to
compromise applies only to cases
that can be compromised. Hence,
the complaint cannot be dismissed
on grounds of failure to state an
attempt to compromise took place
 because the complaint was about
financial support.
 Stating an attempt to compromise
and inability to succeed is a
precedent of filing suits between
family members.
 Republic Act 8369 – Family courts
with exclusive original jurisdiction
over child and family cases
 Republic Act 8370 – Children’s
Television Act of 1997; providing for
children-friendly television programs
as the law recognizes the impact of
broadcast media to children
 Recent Legislation Affecting
Children and the Youth
1. Proposed Rule on Examination
of a Child Witness – protects the
interests of the child while
providing reliable and complete
evidence in criminal and non-
criminal proceedings
2. Solo Parents Welfare Act of
2000
3. Early Childhood Care and
Development – institutionalize a
national system; promote
inclusion of children with special
needs; advocate respect for
cultural diversity
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.
 To prevent creditors from seizing
the family home, as this will also
shatter the family itself
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
extend of the value allowed by law.
 Both the house and lot must be
owned
 No need for judicial or extra-judicial
contemplation of the family home –
for as long as the family ACTUALLY
RESIDES in the premises, it is
deemed family home by law.
Article 153. The beneficiaries of a
family home are:
1. The husband and wife, or an
unmarried person who is the
head of the 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.
  No. 1 pertains to the spouses or
unmarried head of the family
 No. 2 pertains to the dependents of
no. 1
Article 155. The family home shall be
exempt from execution, forced sale, or
attachment except:
1. For nonpayment 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;
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
People v. Chaves
 The accused claimed benefits undue
to him, when complainant filed for
writ of execution, accused
presented proof that his home has
been constituted as a family home,
thereby preventing the same from
being attached to pay for his
indemnity
 HELD: The family home may be
attached as the debt or obligation
was incurred not at the time of the
conviction (when it was already
constituted as a family home), but at
the date of misappropriation.
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
installments where ownership is
reserved by the vendor only to
guarantee payment of the purchase
may be constituted as a family home.
 Even if the property is purchased
under an ongoing installment plan, it
may already 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
P300,000 in urban areas, and P200,000
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 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.
 Urban areas – chartered cities and
municipalities whose annual income
at least equals that legally required
for chartered cities
 Rural areas – all other areas not
classified as urban
 If the value of the family home
exceeds the limit, then it is not
exempt from execution.
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.
 No further need for concurrence if
all beneficiaries are NOT DEEMED
“OF LEGAL AGE”
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 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.
 The family home will continue to be
a family home after the death of one
or both spouses or the unmarried
person for at least 10 years OR
 Until there is a minor beneficiary
 Heirs cannot partition the same
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 maxmimum 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
maxmimum 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 the costs. The excess, if any,
shall be delivered to the judgment debtor.
 Provides recourse for creditors who
cannot make the family home liable,
but that the value attached to it
 exceeds maximum limit allowed in
Article 157.
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.
 Paternity – civil status relationship
of the father/mother to the child
 Filiation – civil status or relationship
of the child to the father or mother
Classification of Filiation
a. By nature (legitimate or illegitimate)
b. By adoption

 A person may constitute only one Distinctions between Legitimate and

family home Illegitimate Children
 A person may be the beneficiary of
Legitimate Children Illegitimate Children
only one family home Use of Surname – Required to use
Article 162. The provisions in this Right to bear mother’s surname
Chapter shall also govern existing surname of father
family residences insofar as said Parental Authority – Under sole parental
joint authority of authority of mother
provisions are applicable.
parents
Support – No such preference
 This chapter shall apply to all family preferential right to
residences existing at the time of support over mother
the effectivity of the Family Code if father has no
 All family residences are considered sufficient means to
meet both claims
to be family homes
Successional Right – Entitled to ½ of
 This does not provide that the
entitled to legitimated child’s
provisions of Chapter 2 are inheritance inheritance
retroactive in effect. Beneficiary Right Not primary
Under the SSS and beneficiaries
TITLE VI GSIS – primary
PATERNITY AND FILIATION beneficiaries
Paternity leave – No such benefit
CHAPTER 1 father is entitled to
LEGITIMATE CHILDREN paternity leave of 7
days with full pay
Article 163. The filiation of children  The Family Code shall govern
may be by nature or by adoption. paternity and filiation
Natural filiation may be legitimate or  It will have retroactive effect insofar
illegitimate. as it does not prejudice or impair
vested or acquired rights in
 accordance with the Civil Code or
other laws
 Distinction among the types of
illegitimate children have been
eliminated
Paternity Investigation Liberalized
 Liberalization of the rule allowing
the investigation of the paternity of
the child
 Paternity or filiatory or the lack of it
must be judicially-established
 Filiation may be established by
holographic as well as notarial wills
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 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.
 Legitimate Child – conceived or
born during the marriage of the
parents
 NOTE: If there is no presumption
about the validity of the marriage,
the child concerned cannot invoke
the presumption of legitimacy.
 A man and a womn who had a void
marriage but believed that the
marriage was legitimate will still
have legitimate children.
Birth Certificate
 Birth Certificate – best evidence of a
person’s date of birth; late
registration by the mother of her
child’s birth does not affect its
evidentiary value
 Impugning the legitimacy of a child
is a personal right of the husband, or
in exceptional cases, his heirs.
 A birth certificate signed by the
father is a competent evidence of
paternity.
 A record of birth is merely prima
facie evidence of the facts contained
therein. Only “legally-adopted”
children are considered dependent
children.
Test-Tube Babies
 For such child to be legitimate, the
parents must have –
a. Authorized or ratified such
insemination
b. In a written instrument
c. Executed and signed by them
before the birth of the child
 Artificial Insemination – medical
procedure by which the semen in
introduced into the vagina by means
other than copulation for the
purpose of procreation
 Sometimes it is known as 2. That it is proved that for biological
therapeutic insemination or other scientific reasons, the
child could not have been that of
Article 165. Children conceived and
the husband, except in the
born outside a valid marriage are
instance provided in the second
illegitimate, unless otherwise provided
paragraph of Article 164;
in this Code.
3. That in the case of children
 There is now no distinction between conceived through artificial
the kinds of illegitimate children as insemination, the written
provided in the Civil Code: authorization or ratification of
1. Natural Children – born out of either parent was obtained
wedlock with parents who were through mistake, fraud, violence,
capacitated to marry each other intimidation, or undue influence.
at the time of the conception
2. Spurious Children – if otherwise Physical Improbability
(illegitimate child other than
a. Reason for the 120 days of the 300
natural)
days – 300 minus 120 equals 180
Article 166. Legitimacy of a child may days or 6 months, may be at the
be impugned only on the following earliest, the intrauterine life the
grounds: child. On the other hand, if the child
was conceived on the first day of the
1. It was physically impossible for the
120 days, it must have had an
husband to have sexual
intrauterine existence of 300 days or
intercourse with his wife within
10 months, which may be the
the first 120 days of the 300 days
maximum duration of its said
which immediately preceded the
existence in the maternal womb
birth of the child because of:
b. Living Separately – living in foreign
a. The physical incapacity of
countries or far provinces and there
the husband to have sexual
had been no visit between them
intercourse with his wife
during the period in which
b. The fact that the husband
conception could have taken place.
and wife were living
Presumption of legitimacy does not
separately in such a way
exist (if otherwise, this cannot be a
that sexual intercourse was
legal ground for impugning the
not possible
legitimacy)
c. Serious illness of the
c. Serious Illness of the Husband
husband, which absolutely
prevented sexual
intercourse

(cont..)
Andal v. Macaraig
 The husband was suffering from
tuberculosis and was very sick that
he could hardly move and get up
from his bed.
 The wife had intercourse with
another man during the first 120
days of the 300 days preceding the
birth of the child.
 Husband soon died, but within 300
days following the dissolution of the
marriage, a child was born.
 HELD: The child is still the legitimate
child of the husband. The fact that
the husband was seriously sick is
insufficient to overcome the
presumption of the legitimacy.
 There are cases where persons with
T.B. can do carnal intercourse even
in the most crucial stage of health.
 Presumption of legitimacy can only
be overcome if it is proven that it
was physically impossible for the
husband to have had access to his
wife during the first 120 days of the
300 days.
 Impossibility of Access
1. absence during initial period of
conception
2. impotence which is patent,
continuing and incurable,
3. Imprisonment, unless it can be
shown that cohabitation took
place through corrupt violation
of prison regulations
 The fact that wife had illicit
intercourse with a man other than
her husband, does not preclude
cohabitation between said husband
and wife.
Sayson v. CA
 The legitimacy of the child can only
be contested by direct action
brought for that purpose
(impugning) and not by way of
defense or as collateral issue in
another action such as partition and
accounting.
Macadangdang v. CA
 The law is inclined to follow the
paternity by the husband and not by
the paramour (lover), all things
being equal.
 The child is given the benefit of
legitimacy
Cabatania v. CA
 The presumption of legitimacy does
not only flow out of a declaration in
the statute, but is based on the
broad principles of natural justice
and supposed virtue of the mother.
 Grounded on the policy to protect
the innocent offspring from the
odium of illegitimacy
Impotency
 Impotency – inability to have sexual
intercourse
 To overcome presumption of
legitimacy based on conception or
birth in wedlock or to show
illegitimacy, the evidence or proof
 must be clear or satisfactory and 1. A child born before 180 days
convincing, irresistible and positive. after solemnization of the
 The physical inability of the male subsequent marriage is
organ to copulate; failure to have an considered to have been
erection conceived during the former
 Sterility – failure to have a child marriage, provided it be born
within 300 days after the
Biological Reasons
termination of the former
 Biological, ethnic, or other scientific marriage:
reasons 2. A child born after 180 days
 Blood grouping test – establish following celebration of the
conclusively that the man is not the subsequent marriage is
father of the child, but not considered to have been
necessarily that a man is the father conceived during such
of a particular child (Janice Marie marriage, even though it be
Jao v. Court of Appeals) born within 300 days after the
 Expert medical testimony may be termination of the former
presented, as well as racial marriage
dissimilarity may be observed by the
court. Requisites for a Child to be the Child of the
Article 167. The child shall be First Marriage
considered legitimate although the 1. The child must have been born
mother may have delcared against its WITHIN 300 DAYS AFTER
legitimacy or may have been TERMINATION OF FIRST
sentenced as an adulteress. MARRIAGE
 In the first, the wife may have 2. The child must have been born
declared the “illegitimacy” in a fit of WITHIN OR BEFORE END OF 180
anger or jealousy. DAYS AFTER SOLEMNIZATION
 In the second, she might have OF THE SECOND MARRIAGE
already been pregnant at the time (180 days from the
she committed adultery as when solemnization of the second
having sex with two men, the marriage)
husband may possibly be the father
of the child. EXAMPLE #1

Article 168. If the marriage is terminated  A widow married 100 days after the
and the mother contracted another death of her first husband. A child
marriage within three hundred days after was born to her 170 days after the
such termination of the former marriage,
these rules shall govern in the absence of
proof to the contrary:
 celebrated of the second marriage.
THE CHILD IS THE LEGITIMATE
CHILD OF THE FIRST HUSBAND,
because it was born before 180 days
had elapsed after solemnization of
the second marriage and within 300
days after the death of the first
husband
EXAMPLE #2
 A widow married 140 days after the
death of her husband. A child was
born to her 170 days after the
solemnization of the second
marriage. THE CHILD IS THE
LEGITIMATE CHILD OF THE SECOND
HUSBAND.
 This case, while it suffices the
second premise that the child must
be born within 180 days before the
end of solemnization of marriage,
DOES NOT SATISFY THE FIRST
PREMISE, which provides that the
child be born within 300 days.
 The child was born on the 310th day
since the death of the husband
(termination of the marriage)
EXAMPLE #3
 A widow married 50 days after the
death of the first husband. A child
was born to her 190 days after the
solemnization of the second
marriage. THE CHILD IS THE
LEGITIMATE CHILD OF THE SECOND
MARRIAGE.
 Even if it was born within 300 days
after the dissolution of marriage
(satisfying the first premise)
 It did not suffice the second
premise, that the child be born
within 180 days after solemnization
of the second marriage to be
considered a child of the first
marriage
 It is prima facie presumed to have
been conceived during the second
marriage, even though it be born
within 300 days after the death of
the former husband.
Article 169. The legitimacy or illegitimacy
of a child born after 300 days following
the termination of marriage shall be
proved by whoever alleges such
legitimacy or illegitimacy.
 There is no presumptive rule if the
child was born 300 days AFTER THE
TERMINATION OF MARRIAGE.
 This article is an exception to the
rule in Article 164, stating that
“children conceived or born during
the marriage of the parents are
legitimate.”
People v. Velasquez
 A child born 10 months and 11 days
after a man’s sexual intercourse
with a woman is probably NOT the
result of such sexual relation, unless
after said sexual intercourse several
other sexual relations were had.
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.
Period of Prescription to the Action of
Impugning the Legitimacy of the Child
1. If the husband, or in his default, his
heirs, live in the same city or
municipality where the birth took
place or was recorded:
a. One year within the
knowledge of the fact
b. One year from the date of
birth as registered in the civil
register
2. If the husband, or in his default, his
heirs, do not reside in the same city
or municipality:
a. Two years if they live in the
Philippines
b. Three years if they live
abroad
c. If the birth of the child was
concealed, then from the
discovery or knowledge or of
the fact of registration,
whichever is earlier.
Legitimacy
 H and W are validly married. W gives
birth to a child C.
 ONLY H, the husband, can question
C’s legitimacy. However, H’s heirs
may question C’s legitimacy in three
cases:
1. If the husband dies before the
expiration of the period of
prescription
2. If the husband dies after filing
the complaint, without having
desisted from the same
3. If the child be born after the
death of the husband
 Article 170 is not applicable to an
action to CLAIM INHERITANCE AS
LEGAL HEIRS OF THE DECEASED.
(Lim v. Intermediate Appellate
Court)
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 experiation of the period fixed
for bringing his action;
 2. If he should after filing of the
complaint without having
CHAPTER 2
desisted therefrom
PROOF OF FILIATION
3. If the child was born after the
death of the husband Article 172. The filiation of legitimate
children is established by any of the
 Only the husband can impugn the following:
legitimacy, except in cases provided
1. The record of birth appearing in the
by Article 171.
civil register or a final judgment; or
EXAMPLE #1 2. An admission of legitimate filiation in
a public document or a private
 A child was born 170 days after the
instrument and signed by the parent
celebration of marriage. The
concerned.
husband refused to contest the
legitimacy, but the heirs wanted to In the absence of the foregoing evidence,
do so. THE PRESCRIBED TIME HAS the legitimate filiation shall be proved by:
LAPSED.
1. The open and continuous possession
 The husband may not bring the
of the status of a legitimate child; or
action because the time limit has
2. Any other means allowed by the
already expired.
Rules of Court and special laws.
 In the same manner, the heirs
cannot bring the action because
Proof of Filiation
none of the three cases provided
 Filiation – judicial determination of
for in Article 171 exists.
paternity (relation of child to father),
Heirs Defined in civil law, refers to the descent of
son or daughter with regard to his or
 Testamentary, voluntary,
her father, mother, and ancestors
compulsory, or legal heirs
 Sec. 2, Rule 130 of the Rules of
 They are the ones whose right to the
Court – applies to filiation as
succession might be jeopardized by
documents as evidence consist of
the existence of a legitimate child.
writings or any material with letters,
 HOWEVER, they are only meant to
words, numbers, etc.
substitute or represent the
deceased husband. The following are not documentary evidence
 Going against the wishes of the in proof of filiation:
husband would mean subordinating
1. Photograph – not sufficient
him to the heirs’ selfish interests.
evidence of acknowledgement, Civil
 Code requires a record of birth, a
will, or other instrument
2. Letters – a complimentary ending
“Your Father” is not indubitable
acknowledgment of paternity, the
child could be his nephew; Filipinos
are known for close family ties
3. Birth Certificates – if not signed by
the alleged father. To be sufficient, it
must be jointly signed by father and
mother. If the mother placed his
name without consent, it is deemed
incompetent evidence.
4. Baptismal Certificates – not
necessarily competent evidence. It is
only to prove the administration of
the sacraments on the dates therein
specified.
 In cases of rape victims, proof of
filiation is still necessary to
determine the penalty of death
imposed for qualified rape, even if
the filiation is not contested by the
defense
5. School Records – neither the child’s
secondary student permanent
record nor written consent given by
child to the operation of her alleged
father be taken as authentic writing,
since documents were neither
signed by nor written in the
handwriting of the father.
6. Marriage Contracts – the same not
having been signed by the alleged
father
7. Authentic Writing – does not have
to be public instrument. It is
sufficient that it is genuine and not a
forgery. It must be signed by the
alleged parent, unless whole
instrument is in handwriting of the
parent and facts mentioned therein
correspond to actual and real facts
Means allowed by the Rules of Court
1. Act or declaration concerning
pedigree (genetic representation of
a family tree)
2. Family reputation or tradition
concerning pedigree
3. Common reputation respecting
pedigree
4. Judicial admission
5. Admissions of a party
6. Admission by silence
 Oral evidence – may be admitted if
needed document cannot be presented
(physical similarity is not a reliable
guide)
Continuous, What it Does not Mean
 Continuous does not mean that
possession of status shall continue
forever, but only that it shall not be of
an intermittent character
 The father has treated the child as his
own, directly and thru others,
spontaneously and without
concealment though without publicity
since relation is illegitimate.
 Showing of permanent intention of
father to consider child as his own, by
continuous and clear manifestation of
paternal affection and care
 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 not withstanding the
death of either or both of the parties.
 The ACTION TO CLAIM and not TO
IMPUGN (which can only be done by
the husband/alleged father)
legitimacy of the child
 Can only be done by the child,
except in the following cases:
1. Child dies during minority
2. Child dies during incapacity
3. If the heir will merely continue
the action
 The period of prescription for cases
1 and 2 are five years from the
death of the child
Article 174. Legitimate children shall
have the right:
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.
Rights of a Legitimate Child
1. Use the surname of both the
father and mother
2. Receive support from parents,
ascendants, and in proper cases,
their brothers and sisters
3. Entitled to the legitime and
other successional rights
On using the Surname of the Father
 Before the Civil Code, the legitimate
children could not prevent the
illegitimate children from using the
surname of their father, especially if
the latter acknowledges paternity to
the disputed child.
 In Manuel, et al. v Republic, the
Court ruled that WHEN THERE IS NO
EVIDENCE THAT NATURAL CHILD
WAS DULY RECOGNIZED by alleged
putative father, his petition for
change of surname be DENIED. He
should not be allowed to use a
surname which otherwise he is not
permitted to employ under the law.
On Support
 The right to receive support cannot
be renounced, nor can it be
transmitted to a third person.
 Neither can it be compensated with
what the recipient owes the obligor.
 Arrears – support may be
compensated and renounced, right
 to demand the same may be
transmitted by onerous or
gratuitous title
 Support – everything indispensable
for sustenance, dwelling, clothing,
and medical attendance according
to social position of the family. It
also includes education until
completion, or training, trade or
vocation, even beyond the age of
majority.
On Legitime
 Legitime – legitime of each
legitimate child is ½ of the parent’s
estate divided by the number of
children.
 It must always be given unless child
is validly disinherited for a legal
cause.
 The free portion may also be given
to them or any of the children.
 If the child dies ahead of the father,
HEIRS OF THE CHILD IS ENTITLED TO
THE CHILD’S LEGITIME IN
TESTAMENTARY SUCCESSION.
 In LEGAL SUCCESSION, THE HEIR
WILL GET ALL THAT THE CHILD
HIMSELF WILL GET HAD HE NOT
DIED AHEAD OF THE FATHER.
CHAPTER 3
ILLEGITIMATE CHILDREN
Article 175. Illegitimate children may
establish their illegitimate filiation in the
same way and on the same evidence as
legitimate children.
The action must be brought within the
same period specified in Article 173,
except when the action is based on the
second paragraph of Article 172, in which
case the action may be brought during
the lifetime of the alleged parent.
 An illegitimate child may establish
filiation in the same way and same
evidence as legitimate children
1. Through the means provided for
by the Rules of Court
2. Par. 2 of Article 172
 An action must be brought within
the same period specified in Article
173 (lifetime of the child) if there is
sufficient evidence to establish
filiation.
 If there is not sufficient evidence
(par. 2 of Article 172), then the
action may be brought during the
lifetime of the alleged parent
 Cohabitation need not be
continuous or permanent (between
husband wife)
Article 176. Illegitimate children shall use
the surname and shall be under the
parental authority of their mother, and
shall be entitled to support in conformity
with this Code. The legitime of each
illegitimate child shall consist of one-half
of the legitime of a legitimate child.
Rights of an Illegitimate Child
1. Use surname of the mother
 2. Be under parental authority of
the mother
3. Entitled to support
4. Entitled to legitime ½ of that of a
legitimate child
 There is no distinction among
illegitimate children and they are placed
under one category

CHAPTER 4
LEGITIMATED CHILDREN
Article 177. Only children conceived and
born outside of wedlock of parents who,
at the time of the conception of the
former, were not disqualified by any
impediment to marry each other may be
legitimated.

 A legitimated child is an illegitimate

child who is given the rights of a
legitimate child, subject to the following
requisites:
1. CONCEIVED AND BORN
OUTSIDE WEDLOCK, of parents
who at the time of the
conception, were not
disqualified by any impediment
to marry each other. Being a
Catholic priest is not an
impediment. (in other words,
they had the capacity to marry)
2. SUBSEQUENT VALID MARRIAGE
BETWEEN PARENTS (If a
marriage is voidable but
annulled, the legitimation
remains valid, after all, a
voidable marriage is valid before
annulled.