Legitimate Children Flashcards
(17 cards)
What are the two kinds of filiation of children?
(1) by nature;
(2) by adoption
Art. 163 FC: The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate.
What are the two kinds of natural filiation?
(1) legitimate;
(2) illegitimate
Art. 163 FC: The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate.
Who are legitimate children?
(1) children conceived during marriage;
(2) children born during marriage;
(3) children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both*
*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. (art 164)
What are the requirements in order that a child conceived through artificial insemination be deemed legitimate?
Both spouses must authorize or ratify the insemination through a public instrument executed and signed by them before the birth of the child.
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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. (art 164 FC)
What is the ministerial requirement for the legitimacy of a child conceived by artificial insemination?
The public instrument shall be recorded in the civil registry together with the birth certificate of the child. (art 164 FC)
Who are illegitimate children?
art 165: Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.
Who are children born outside a valid marriage but still are legitimate?
(1) children born before the marriage between parents who have already been legitimated (art 177);
(2) children who have been adopted
What are the grounds in which the legitimacy of the child may be impugned?
Art 166: Legitimacy of a child may be impugned ONLY on the following grounds:
(1) physical impossibility of the husband to have sexual intercourse with the wife within the first 120 days of the 300 days which immediately preceded the birth fo the child;
(2) due to biological or scientific reasons, the child could not have been that of the husband, except in the instance provided in the second paragraph of Article 164 [artificial insemination];
(3) in cases where the child was conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence.
What are the reasons why it would be physically impossible for a husband to have sexual intercourse with the wife within the first 120 days of the 300 days which immediately preceded the birth of the child?
(1) the physical incapacity of the husband to have sexual intercourse with his wife;
(2) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or
(3) serious illness of the husband, which absolutely prevented sexual intercourse. (art 166 FC)
Can the mother impugn the legitimacy of a child?
No, only the father can impugn the legitimacy of a child. In art 167 of the FC:
The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress.
When a mother contracts a subsequent marriage within 300 days from the termination of the first marriage, when shall a child be presumed as conceived in the previous marriage?
A child is deemed to have been conceived in the previous marriage when the child is born:
within 300 days from the termination of the previous marriage, and born before 180 days after the solemnization of the subsequent marriage; (art 168 FC)
When a mother contracts a subsequent marriage within 300 days from the termination of the first marriage, when shall a child be presumed as conceived in the subsequent marriage?
A child is deemed to have been conceived in the subsequent marriage when:
(1) the child is born after 300 days from the termination of the previous marriage;
(2) the child is born after 180 days from the solemnization of the subsequent marriage, even if the child is born within the 300 day period after the termination of the former marriage.
When may the action to impugn legitimacy be brought in the case of the husband residing in the city or municipality where the birth took place or was recorded?
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 heirs in a proper case) resides in the city or municipality where the birth took place or was recorded (art 170 FC)
When may the action to impugn legitimacy be brought in the case of the husband residing outside the city or municipality where the birth took place or was recorded but still residing within the Philippines?
The action to impugn the legitimacy of the child shall be brought within two years from the knowledge of the birth or its recording in the civil register
if the husband (or in his default, all of his heirs) do not reside at the city or municipality of birth of the child or the city or municipality where the birth of the child was recorded.
When may the action to impugn legitimacy be brought in the case of the husband residing outside the Philippines?
The action to impugn the legitimacy of the child shall be brought within three years from the knowledge of the birth or its recording in the civil register
if the husband (or his heirs in special cases) reside abroad. (art 170 FC)
When may an action to impugn legitimacy be brought if the birth was concealed from or was unknown to the husband or his heirs?
The period shall be counted from:
(1) the discovery or knowledge of the birth of the child;
(2) the discovery or knowledge of the fact of registration of said birth (whichever is earlier). (art 170 FC)
When may theirs of the husband impugn the filiation of the child?
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;
(3) If the child was born after the death of the husband.
