Proof of Filiation Flashcards
(14 cards)
What are the grounds on which the filiation of legitimate children may be established?
(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:
(1) 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. (Art 172 FC)
Who may file an action to claim legitimacy?
Under Art 173 of the Family Code: 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.
What shall happen if the child dies or the alleged father dies pending the action to claim the legitimacy?
Art 173 par 2: The action already commenced by the child shall survive notwithstanding the death of either or both of the parties.
What are the rights of the legitimate children?
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 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.
What are the evidence by which illegitimate children may establish their filiation?
Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children:
(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:
(1) 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. (Art 172 FC)
What is the period by which an illegitimate child may file an action to establish filiation?
The action to establish filiation of an illegitimate child must be brought within the same period specified in Article 173 [during his or her lifetime], except when the action is based on second paragraph of Article 172 [open continuous possession, when the Rules of Court provides or special laws], in which case the action may be brought during the lifetime of the alleged parent (art 175 par 2).
As a general rule whose surname shall illegitimate children use?
Art 176 Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitle to support in conformity with the Family Code.
When may illegitimate children use the surname of the father?
As an exception to the general rule that children shall use the surname of their mother, illegitimate children may use the surname of their father if their filiation has been expressly recognized by their 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. (art 176)
What shall be the legitime of the the illegitimate child?
The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. (art 176)
Who may be legitimated?
Art 177: Children conceived or born outside of wedlock of parents who:
(1) at the time of conception of the child, the parents were not disqualified by any impediment to marry each other; or
(2) at the time of conception, the parents were only disqualified to marry because either or both of them were below 18 years of age
When shall legitimation take place?
Art 178 FC: Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation.
What are the rights of legitimated children?
Art 179 FC: Legitimated children shall enjoy the same rights as legitimate children.
How shall the effects of legitimation be applied?
Art 180 FC: The effects of legitimation shall retroact to the time of the child’s birth.
Art 181 FC: The legitimation of children who died before the celebration of the marriage shall benefit their descendants.
Who may impugn legitimation?
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.
