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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Legitimacy and filiation are two different concepts. Therefore, while the law grants the husband the sole right to impugn his child’s legitimacy, the same child may bring an action to establish that she is not filiated to her mother’s husband. (James Cua Ko v. Republic of the Philippines, G.R. No. 210984, April 12, 2023)
Articles 166, 167, and 170, of the Family Code provides:
Article 166. Legitimacy of a child may be impugned only on the following grounds:
- 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:
- The physical incapacity of the husband to have sexual intercourse with his wife;
- The fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or
- Serious illness of the husband, which absolutely prevented sexual intercourse;
- That it is 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 Article 164; or
- That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, intimidation, or undue influence.
Article 167. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress.
Article 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:
- 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;
- 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.
ARTICLE 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.
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.
In the case of Concepcion v. Court of Appeals (G.R. No. 123450, August 31, 2005), the Supreme Court held that the presumption of legitimacy does not flow out of a declaration in the statute but is based on the broad principles of natural justice and the supposed virtue of the mother. It is grounded on the policy to protect the innocent offspring from the odium of legitimacy.
The presumption of legitimacy proceeds from the sexual union in marriage, particularly during the period of conception. To overthrow this presumption on the basis of Article 166 of the Family Code, it must be shown beyond reasonable doubt that there was no access that could have enabled the husband to father the child. Sexual intercourse is to be presumed where personal access is not disproved, unless such presumption is rebutted by evidence to the contrary.
The concept of legitimacy is straightforward: it is a civil status established if the person is born during the subsistence of marriage.
Related Articles:
- Effect of illegitimate filiation of the representatives as qualified by the ruling in Aquino v. Aquino, G.R. Nos. 208912 and 209018, December 7, 2021
- Rules on the Use of Surnames by a Child
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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