Executive
Order No. 209
The Family Code of the Philippines
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Title VI: Paternity and Filiation
Chapter 1.
Legitimate Children
Art. 163.
The filiation of children may be
by nature or by adoption.
Natural filiation may be legitimate
or illegitimate. (n)
Art. 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 his 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. (55a, 258a)
Art. 165.
Children conceived and born outside a valid marriage are illegitimate,
unless otherwise provided in this Code. (n)
Art. 166.
Legitimacy of a child may be impugned only on the following
grounds:
(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:
(a) the physical incapacity
of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately
in such a way that sexual intercourse was not possible;
or
(c) serious illness of the husband, which absolutely prevented
sexual intercourse;
(2) 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
(3) That in case of children conceived through artificial
insemination, the written authorization or ratification
of either parent was obtained through mistake, fraud, violence,
intimidation, or undue influence. (255a)
Art. 167.
The child shall be considered legitimate although the mother
may have declared against its legitimacy or may have been
sentenced as an adulteress. (256a)
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. (259a)
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.
(261a)
Art. 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. (263a)
Art. 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 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.
(262a)
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Chapter 2.
Proof of Filiation
Art. 172.
The filiation of legitimate children
is established by any of the following:
(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
and signed by the parent concerned.
In the absence of the foregoing
evidence, the legitimate filiation
shall be proved by:
(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. (265a, 266a, 267a)
Art. 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.
Art. 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 by the Civil Code. (264a)
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Chapter 3.
Illegitimate Children
Art. 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. (289a)
Art. 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. However, illegitimate
children may use surname of their father if their filiation
has been expressly recognized by the father through the record
of birth appearing in the civil register, or when an admission
in a public document or private handwritten instrument is
made by the father. Provided, the father has the right to
institute an action before the regular courts to prove non-filiation
during his lifetime. The legitime of each illegitimate child
shall consist of one-half of the legitime of a legitimate
child.(As amended by Republic Act 9255, approved February
24,2004.)
Chapter 4.
Legitimated Children
Art. 177.
Children conceived and born outside of wedlock of parents
who, at the time of conception of the former, were not disqualified
by any impediment to marry each other, or were so disqualified
only because either or both of them were below eighteen (18)
years of age, may be legitimated. (As amended by Republic
Act 9858 approved on December 20, 2009)
Art. 178.
Legitimation shall take place by a subsequent valid marriage
between parents. The annulment of a voidable
marriage shall not affect the legitimation.
(270a)
Art. 179.
Legitimated children shall enjoy the same rights as legitimate
children. (272a)
Art. 180.
The effects of legitimation shall
retroact to the time of the child's birth. (273a)
Art. 181.
The legitimation of children who
died before the celebration of the marriage shall benefit
their descendants. (274)
Art. 182.
Legitimation may be impugned only by those who are prejudiced
in their rights, within five years from the time their cause
of action accrues. (275a)
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