CRIM 5

Paternity and Filiation

Filiation of Children:

1. By nature; or
2. By adoption

Natural Filiation may be:

1. Legitimate- children conceived or born during the marriage of the parents

2. Illegitimate- children conceived and born outside a valid marriage.

Legitimate Children

Children by Artificial Insemination

Considered as legitimate child provided:

1. The artificial insemination is made on the wife, not on another woman;
2. The artificial insemination of the wife is done with the sperm of the husband or of
a donor or both the husband and a donor;
3. The artificial insemination has been authorized or ratified by the spouses in a
written instrument executed and signed by them before the birth of the child; and
4. The written instrument aforementioned is recorded in the civil registry together
with the birth certificate of the child.

Circumstances included in the definition of Legitimate Children

1. A child was conceived out of pre-marital relations between a man and a woman,
but the two got married before the child was born. The child is legitimate having been born
during the marriage of the parents.
2. A wife who was pregnant when her husband suddenly died in an accident. The
child is legitimate, since it was conceived during the marriage of the parents.
3. A child conceived while the parents were still living under a voidable marriage but
born after the marriage of the parents had been annulled is still legitimate, having been
conceived during the marriage of the parents.
4. A child conceived of parents who, being lawfully married, later separated,
whether de facto or legal, so that when the child was born, the parents are already
separated, is legitimate, because it was conceived and born during the marriage of the
parents.

Illegitimate Children

1. Children born of couples who are not legally married, or of common-law marriages
2. Children born of incestuous marriages
3. Children born of bigamous marriages
4. Children born of adulterous relations between the parents
5. Children born of marriages void for reason of public policy
6. Children born of couples below 18, whether they are married (which marriage is void) or
not
7. Children of other void marriages under Article 35 of the Family Code.

Prepared by: Ma’am Cha

 CRIM 5

Parental Authority

Parental authority (patria potestas) is defined as the mass of rights and obligations
which parents have in relation to the person and property of their children until their
emancipation, and even after this under certain circumstances.

Characteristics of Parental Authority

 It is a natural right and duty of the parents

 It cannot be renounced, transferred, or waived except in the cases authorized by law

 It is jointly exercised by the father and the mother

 It is purely personal and cannot be exercised through agents

 It is temporary and will end when the chan emancipated or can otherwise take care of
himself and his property, or the parent is unable to property exercise the authority.

Note: parental authority includes parental responsibility

Substitute and Special Parental Authority

Substitute Parental Authority, Who may exercise?

In the default of the parents or a judicial guardian, the following have right to
exercise substitute parental authority over the child in this order.

1. Surviving grandparent
2. Oldest brother or sister, over 21 years of age, unless unfit or disqualified
3. The child's actual custodian, over 21 years of age, unless unfit or disqualified (this
custodian need not be a relative of the child, but he or she must have actual custody of the
child)

Who may exercise special parental authority?

1. The school, its administrators and teachers, or

2. The individual, entity or institution engaged in child care.

Note: Special parental authority and responsibility apply to all authorized activities,
whenever inside or outside the premises of the school, entity or institution.

Substitute Parental Authority vs. Special Parental Authority

Substitute Parental Authority is exercised in the case of death, absence, or

unsuitability of parents. Hence, it is not exercised concurrently with the exercise by the
parents of parental authority over their minor children.

Special Parental Authority is, however, concurrent with the parental authority that
while the child is in the care and custody of the person or persons exercising special parental

Prepared by: Ma’am Cha

 CRIM 5

authority (like the child's teacher in school), the parents temporarily relinquish parental
authority over the child of the latter.

Liability of Those Exercising Special Parental Authority

1. They are principally and solidarily liable for damages caused by the acts or
omissions of unemancipated minor while under their supervision, instruction or custody.

2. The above liability is, however, subject to the defense that the person or persons
exercising special parental authority and responsibility exercised the proper diligence
required by the particular circumstances.

3. As to the parents and judicial guardians of minor or those exercising substitute

parental authority over said minor, they are subsidiarily liable for the aforesaid acts and
omissions of the minor.

4. All other cases not covered by the above and preceding articles shall be governed
by the provisions of the Civil Code on quasi-delicts.

Prepared by: Ma’am Cha