THE FAMILY

Chapter 1. The Family as an Institution

Art. 149. The family, being the foundation of the nation, is a basic social institution which public policy
cherishes and protects. Consequently, family relations are governed by law and no custom, practice or
agreement destructive of the family shall be recognized or given effect. (216a, 218a)

- Solidarity of the family no less than the consi

- Foundation of the nation promote its total development
- Inviolable social instiution
- Public polcy cherishes and protects

Art. 50. Family relations include those:

(1) Between husband and wife;

(2) Between parents and children;

(3) Among brothers and sisters, whether of the full or half-blood. (217a)

Art. 151. No suit between members of the same family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed.

This rules shall not apply to cases which may not be the subject of compromise under the Civil Code.
(222a)

- Strictly construed so in laws not included

- Ratio: every effort toward a compromise. Lawsuit bet. Close relatives generates deeper
bitterness than bet. Strangers
- Required: brgy conciliation or any prior recourse of compromise
o Complied: allegation in the complaint, certification to file action by the brgy chairman

Law does not apply to strangers

- There must be an ALLEGATION that prior earnest efforts toward a settlement must have been
resorted but same have failed
o If no efforts were exerted same be dismissed for PREMATURITY or LACK OF CAUSE OF
ACTION
o This is a condition precedent
o Ratio such hatred my be handed from one generation to another

Concecpt of the suit

- Adversarial or controversial in nature ec collection of sum of money or partition case

 o Requirement allegation of a prior recourse to compromise
- NA petition for settlement of estate y? merely intended to determine the heirs and their shares
- Ordinary civil actions

Chapter 2. The Family Home

Art. 152. The family home, constituted jointly by the husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their family reside, and the land on which it is situated.
(223a)

Art. 153. The family home is deemed constituted on a house and lot from the time it is occupied as a
family residence. From the time of its constitution and so long as any of its beneficiaries actually resides
therein, the family home continues to be such and is exempt from execution, forced sale or attachment
except as hereinafter provided and to the extent of the value allowed by law. (223a)

Family home

Operation of law

- Family resides and the land situated

- Main purpose:place it beyond the reach of ordinary creditors and thus encourage building of the
family home which is the seat and symbol of family affections
- Constituted: once occupied by the family as a residence
- Retroactive-subject to the condition there should be no impairment of vested rights
- Exempt fromL execution, forced sale or attachment
o Ratio:avoid a situation where a family shall be homeless
o Xpn: obligation or liability incurred PRIOR to the Constitution of the family home
- Law provides occupancy of the family home either be OWNER or BENEFICIARIES
o comprisesLparents, ascendants, descendants, brothers and sisters, leg or illeg, INLAWS
 excluded NA pag ginawang bodega, yaya or overseer ang nakalagay

- Who can constitute:
o Jointly by husband and wife or
o Unmarried head of a family
o Regardless of prop regime

Art. 154. The beneficiaries of a family home are:

(1) The husband and wife, or an unmarried person who is the head of a family; and

(2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate
or illegitimate, who are living in the family home and who depend upon the head of the family for legal
support. (226a)
Art. 155. The family home shall be exempt from execution, forced sale or attachment except:

(1) For nonpayment of taxes;

(2) For debts incurred prior to the constitution of the family home;

(3) For debts secured by mortgages on the premises before or after such constitution; and

(4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have
rendered service or furnished material for the construction of the building. (243a)

Ex built house 1969 it is deemed a family home sa effectivity of the Family Code on Aug3, 1988

Art. 156. The family home must be part of the properties of the absolute community or the conjugal
partnership, or of the exclusive properties of either spouse with the latter's consent. It may also be
constituted by an unmarried head of a family on his or her own property.

Nevertheless, property that is the subject of a conditional sale on installments where ownership is
reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family
home. (227a, 228a)

- Family home can be a part of any prop regime:conjugal ACP even EXCLUSIVE PROP of husband
and wife

- Ex: Lot belongs to A constructs house using his money, it is still considered a family home

Art. 157. The actual value of the family home shall not exceed, at the time of its constitution, the
amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural
areas, or such amounts as may hereafter be fixed by law.

In any event, if the value of the currency changes after the adoption of this Code, the value most
favorable for the constitution of a family home shall be the basis of evaluation.

For purposes of this Article, urban areas are deemed to include chartered cities and municipalities
whose annual income at least equals that legally required for chartered cities. All others are deemed to
be rural areas. (231a)

Art. 158. The family home may be sold, alienated, donated, assigned or encumbered by the owner or
owners thereof with the written consent of the person constituting the same, the latter's spouse, and a
majority of the beneficiaries of legal age. In case of conflict, the court shall decide. (235a)

- Value of the FH depending its location

- FH can be object of:
o Contract
o Sale
o Assignment
o Donation
 o Encumbered
- Provided may written consent:person constituting it, his spouse and MAJORITY of the
beneficiaries of LEGAL AGE
- Conglict-court decide

Art. 159. The family home shall continue despite the death of one or both spouses or of the unmarried
head of the family for a period of ten years or for as long as there is a minor beneficiary, and the heirs
cannot partition the same unless the court finds compelling reasons therefor. This rule shall apply
regardless of whoever owns the property or constituted the family home. (238a)

- FH extends beyond the death of the spouses or unmarried head of the family
- Ten yrs after their death OR for as long as there is a minor beneficiary
- Heirs cannot partition
o Xpn:compelling reason that may justify it

Art. 160. When a creditor whose claims is not among those mentioned in Article 155 obtains a judgment
in his favor, and he has reasonable grounds to believe that the family home is actually worth more than
the maximum amount fixed in Article 157, he may apply to the court which rendered the judgment for
an order directing the sale of the property under execution. The court shall so order if it finds that the
actual value of the family home exceeds the maximum amount allowed by law as of the time of its
constitution. If the increased actual value exceeds the maximum allowed in Article 157 and results from
subsequent voluntary improvements introduced by the person or persons constituting the family home,
by the owner or owners of the property, or by any of the beneficiaries, the same rule and procedure
shall apply.

At the execution sale, no bid below the value allowed for a family home shall be considered. The
proceeds shall be applied first to the amount mentioned in Article 157, and then to the liabilities under
the judgment and the costs. The excess, if any, shall be delivered to the judgment debtor. (247a, 248a)

- Person has a claim aganst the owner of the FH but does not fall under the special
cases(attached, levied, forced sale
- If he obtains a judgement has evidence the value of FH can file a motion in court for leave and
execution sale
- Proceeds:
o Value of FH
o Debt and costs
o Excess:delivered to the owner)

Art. 161. For purposes of availing of the benefits of a family home as provided for in this Chapter, a
person may constitute, or be the beneficiary of, only one family home. (n)

- Only have 1 FH
- Rest not entitled sa privilege

Art. 162. The provisions in this Chapter shall also govern existing family residences insofar as said
provisions are applicable. (n)

- FC retroactive with respect all family residence upon effectivity of the FC

 o Xpn:
o Vested rights
o Commence from the effectivity of the law

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)

Filiation

- Classified
o Nature
 Legitimate
 Lawfully married
 Art 52 and 36
 Provided born prior declaration of their absolute nullity
 Void marriages art 54
 Born before the judgement of annulment or art 36
 Art 52 and 53
o Adoption
 Fiction of law
 Comply legal and judicial processes so decreed as adopted by the courts
- Artificial insemination
o Law requires AUTHORITY or RATIFICATION of both spouses in a written instru must be
signed by the parties BEFORE the birth of the child
ratification-cleansed any defect and retroacts to the TIME OF THE PERFORMANCE OF
THE ACT
o Additional requirement recorded in the Civil Registry + birth cert of the child
o No compliance-ILLEGITIMATE
o No need to reveal identity of donor of sperm
 To prevent any complication later
o Ratification before birth of child otherwise illegitimate
Contractual conception

- May a woman carry the ovum of another then given to natural mother?yes. Protects life of the
unborn provided in the consti
- One who gave birth refuse to comply habeas corpus y? unlawful restraint of liberty of the child

Artificial Contractual
conception
No fertilized ovum Fertilized ovum that
biological mom
Child belongs to the entitled sa custody
biological mom of the child
even if the sperm
may have come
from another
person not the
spouse

Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in this Code. (n)

- Incestuous marriage-illeg
- Violation of article 38 or public polcy-illege
- Even if Legal capacity- marriage-illeg

Void ab initio marriage produce leg children prior declaration of nullity

- 52 and 36
- Y presumption of legitimacy of a child born within wedlock even if the marriage is subsequently
declared void
- 37 and 53
o Leg, children should not be blamed for the misfortunes or misgivings

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)

Father can impugn legitimacy of child

- Ratio: unfairness situation where the child is not his, yet he is going to maintain the child and
the child will succeed from him
- It also allows the children of the father to do so under certain circumstances
- CANNOT be questioned by mother, for the law is CLEAR child shall be still considred legitimate
although mom may have declared against
o LEGITIMACY or sentenced as adultress
- Cannot be done by the child because he cannot choose hisfiliation
- Woman’s perios of conception during the first 120 days of the 300 days upon the fertilization of
the egg cells by the sperm cells

Physical impossibility of the act

- X works sa US while Y works sa Phil

- One is a prisoner
- Aids could be impossibility

Effect of impotency

- Physical incapacity to have sexual intercourse

- Tuberculosis not enough to impugn the child’s legitimacy

Consent to AI

- Voluntary
- Not vitiated otherwise could be a ground to impugn legitimacy of the child

Physical resemblance

- Not enough evidence to show the illegitimacy of the child

- Racial dissimilarity + adultery=illleg
- Blood grouping tests may be CONCLUSIVE to NON-PATERNITY but INCONCLUSIVE as to paternity
o If blood types differ sa mom and dad- not alleged father
- For physical resemblance to be valid must be coupled with strong, direct or circumstantial
evidence
- If father’s consent not vitiated he cannot impugn the legitimacy if it was AI even if may result sa
physical difference
- Action of private respondents to calim their inheritance as legal heirs of their childless aun
o What they claim not an illeg but not the decedent’s child at all
o Being neither adopted, natural this child is considred not a legal heir of the deceased

Presumption of legitimacy

- Quasi-conclusive and may be refuted only by the evidence of physical impossibility

o Never together during the period of the conception
 - Born within 300 days following DISSOLUTION of the marriage
- REBUTTED PHYSICALLY Impossible during 120-300 days next preceding the birth of the child
- The fact the wife committed adultery cannot overcome this presumption
- Tuber
o Reputation towards eroticism probably dependent more upon confiment to bed than
consequences of the disease

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)

Child considred legitimate even if

- Mother declared AGAINST his legitimacy

o Y? husband may have forced wife to make such declaration
o Or hatred, resentment or other evil motives, the women may have made the
declaration the child is illeg
- Sentenced as an adultress
- Presumption of legitimacy based on the broad principles of natural justice and supposed virtue
of the mother

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)

Widow prohibited from getting married within 300 days after death of husband

- Marriage with a man has been terminated by death- prevent DOUBTFUL PATERNITY
- If she marries within 300 days after such termination, prior marriage, she has already given birth
to a child conceived prior to the death of her husband, prohibition does not apply

Reason for presumption of legitimacy

- Paternity difficult to prove even with the aid of modern science and wife is presumed chaste
- Pregnancy and delivery are external acts suceptivle of investigation and proof as are all ordinary
and visible facts of life

Reason for the use of 180 days

- Period of conception

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)
 - He who alleges must prove on the question of legitimacy

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)

Period to impugn legitimacy of a child

- Prescriptive period within child’s legitimacy must be questioned like

o w/in 1 yr from the knowledge of th birth or recording in the civil register
o husband or any of his heirs-residing in the municipality where the birth took place or
where it was recorded
o w/in 2 yrs-husband heirs-NOT residing in the place of birth or where it was recorded if
they are residing in thE Phil
o w/in 3yrs-if they are living abroad
o birth concealed or unkwown to them- period COUNTED FROM THE discovery or
knowledge of the birth OR registration
- y>short prescriptive period to contest the legitimacy of a child is reasonable
- Long period prejudicial to him, left open questions for a long time

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 died 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)

 Heirs can impugn the legitimacy of the heirs enumerated bu law

o ONLY within periods prescribed by law
o Ratio:right to contest the legitimacy of a child is transmissible to the heirs affected
 Legitime or successional rights
 Enumeration exclusive sa Father and heirs

Application

- Legitimate child may not impugn his own legitimacy to become an illeg child of another
o Y?it is the LAW itself establishes the legitimacy of children conceived or born during the
marriage of the parents
o Only FATHER or HEIRS can contest
 Father not the mother
 
He is the one directly confronted w/ the scandal and ridicule which the
infidelity of his wife
o Child cannot choose his own filiation
- Child CANNOT choouse his own filiation

Legitimacy of a child cannot be questioned collaterally must be direct attack

- Y presumption of legitimacy in the FC actually fixes a civil status for the child born in wedlock
and that civil status cannot be attacked collaterally
- Status conferred by the presumption becomes fixed and can no longer be questioned
o Intention of the law is to prevent status of a child born in wedlock from being in a state
of uncertainty for a long time

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)

Law enumerates the proof that a child may show to establish filiation w/ respect to his father

Proof of filiation

- SC acknowledge admissibility of DNA(contains the inherited info determining how an organism

is built and organized)

Record of birth

- UNSIGNED birth cert is NOT a good proof of filiiation

o Must be SIGNED by the putative father
o Signature of the alleged father NECESSARY cannot be made dependent sa physician or
midwife
 Y?mother might extort money for her child
o Proof of filiation
 Even if unsigned he is the father because he was the one who supplied the data
to the nurse
- Acknoqledgement of father is required by law for proof of recognition but this rule of liberality
does not apply to compulsory recognition where evidence of direct express acknowledgement is
required
Proof of filiationl signing of birth cert

- An acknowledgement of his paternity

- If child is recognized in a record of birth or will
o Consummated act of acknowledgement
o Any authentic writing treated in itself a VOLUNTARY RECOGNITION
o If not based on the documents-essential in order to establish the child’s
acknowledgement
o Born during marriage
 Presumption of legitimacy of the children
 Absence of proof physical impossibility during first 120 days of the 300
days
 Founded on sounder morality
- Any authentic writing is treated not just a ground for compulsory recognition; it is in itself a
voluntary recognition that does not require a separate action for judicial approval

Right to file an action for compulsory recognition is a substantive right that vests upon birth of illeg

- FC did not impair or take away the right of Adrian to file the present petition for recognition
despite the death of his putative father

FC allows the establishment of illeg filiation in the same way and on the same evidence of a leg children

Authentic writing

- Public or private as long as established as one made by the acknowledging parent

- Private
o Handwriting of the father and signed by him ex sa letters always referred C as his son
- Open and continuous possession of the status of an illeg child or leg
o CONTInuous-father has treated the child as his own, directly and not thru others,
spontaneous and without concealment though without publcicity
o Clear manifestation of paternal affection and care;
- By any other means allowed by ROC and special laws or by evidence or proof in favor that
defendant is her death
o Baptisimal cert, judicial admission, family Bible in which his name, common reputation
respeting his pedignree, admission by silence, testimonies of witnesses and other kinds
of proof admisibble
o Matters of pedigree may be proved by reputation in the family and not reputation in the
neighborhood or vicinity except where the pedigree in question is mariage

Other means to prove filiation

- NA blood tests, pictures, baptisimal certs

o Blood test-NA sa paternity bec only show a possibility that the alleged father or others
same blood type, may have been father of the child
o Unusual closeness to a child not convincing proof of filiation
 Playing with him and giving him toys
 o Certificate of live birth- NA no showing that the putative father had a hand in the
preparation of said certificated and the Local Civil Registrar devoid authority to record
the paternity of an illeg child upon info of a 3rd person
o Baptisimal cert
 Considered a public docu
 Serve as evidence of the administration of the sacrament on the date specified
but not the veracity of the entries with respect to the child’s paternity

Voluntary recognition under Civil Code

- Record of birth
- Will
- Statement before a court of record
- Authentic writing
o All cases no need court action to establish filiation already established by the voluntary
act of the father
o Msut be express
- Holographic as well as notarial wills

Court merely confirms recognition by the father

- If the father manifests openly thru words and deeds his recognition of a child, courts can do no
less than confirm said acknowledgement

Proof of filiation thru letter sent

- Man considred himself to be the father of the child as shown by the handwritten letters he
wrote to the woman

Filiation of illeg child must be proved during the lifetime of the father

Standard of proof of filiation under second par of art 172

- Open and continuous possession of the status of an illeg child

o Intention of the supposeds father to consider the child as his parental affection and care
cannot be attributed to pure charity
o Continuous-uninterrupted and consistent bud does not require any particular length of
time
- High standard of proof of filiation is required

Unprobated will may be a proof of filiation

- By inference even an unprobated will can be presented as proof of filiation

- Probate proceedings
o Law requires the court’s declaration that the external formalities have been complied
with
o Merely determine extrinsic validity of the will and do not affect its contents
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.

The action already commenced by the child shall survive nothwithstanding death of either or both
parties

- A child can prove his legitimate filiation during his or her lifetime
- Such right is even transmissible to his/her heirs(kasama illeg)
o If he should die DURING MINORITY
o Or in a STATE OF INSANITY
o Heirs shall have a period of 5 yrs AFTER THE DEATH OF THE FATHER within which to
institute an action
- Ratio: law traces itself to the law on succession as it would redound to the benefit 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 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 legitimate and other successional rights granted to them by the Civil Code.
(264a)

Use of surname

- Legitimate and legitimated use the surname of the father, mother’s name may also be used
- To bear the surname of the father simply means that it is more of a right, but not a duty on his
part to bear the surname of the father

Support

- Duty of the parents to provide evry child support

- Cannot be renounced, waived or transferred to a 3rd person
o Xpn: support in arrears for the reason that it is no longer needed by the person who is
entitled to be supported

Legitime and other successional rights

- Legitimate children=1/2 of the parents estate

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. The legitime of each illegitimate
child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other
provisions in the Civil Code governing successional rights shall remain in force. (287a)

- Law prescribes a period which to claim the legitimacy of a child

o During the lifetime of the illeg father
- Even transmissible to the heirs

Action to establish filiation of an illeg child if the father died survives the death of the father

- Father died during minority(minority ng bata)

o Child may file an action before the expiration of 4 years from the attainment of his
majority

Action commenced by the child shall survive notwithstanding the death of either or both parites

- Child can bring the action during HIS lifetime, as long as he libes
- Art 173 cannot be given retroactive effect will prejudice bested rights
- Right of action of the minor child has been vested by the filing of the complaint in court under
the regime of the civil code and prior to the effectivity of the FC

Continuous possession of status of an illeg child

- If an illeg child was brought before the effectivity of the FC-SC right to file such action was
already vested upon the child when father died for compulsory recognition and enforcement of
successional right

Surname of illeg child

- Not even MANDAMUS could compel the Local Civil Registrar to register the child under the
name of the father. Even if the father admits paternity, still, child should carry the surname of
the mother

RA 9255

- Illeg children shall use the surname of their mother

o UNLESS their father recognizes their filiation in which case they may bear the father’s
surname
o Only when said child is recognized that he may use his father’s surname reflecting his
status as an acknowledged illeg child
 o Effect sa FC: illeg children may use the surname of their father in their filiation has been
expressly recognized by their father thru the record of birth appearing in the civil
register or public docu or private handwritten instru made by the father
 Thus it is enough that such recognition is made in those documents. They do not
have to establish filiation for these docu are already considered as
consummated acts of recognition. To still go to court and establish filiation
before they may use the surname of their father would be a mere superfluity
 Provided father has the right to institute an action before the regular courts to
prove nonfiliation during his lifetime
o Legitime of each illegitimate child shall consist of ½ half of the legitimate of a legitime
child
- “may use the surname” not mandatory
o Gr: use the surname of their mother
- Illeg child no middle name xpns
o Only when legitimated by the subsequent marriage of his parents
o Acknowledged by the father in a public docu or private handwritten instru that he bears
both his mother’s surname as his middlename and his father’s surname as his surname,
reflecting his status as a legitimated child or an acknowledged illegitimate child

Chapter 4. Legitimated Children

Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the
conception of the former, were not disqualified by any impediment to marry each other may be
legitimated. (269a)

Concept of legitimation

- A remedy by means of which those who in fact were born in wedlock and should therefore be
considred illeg are by fiction considered legitimate, it being supposed that they were born when
parents were validly married
- Species of illeg children elevated by law to the status of leg children enjoy SAME RIGHTS as
legitimate children

Requisites

- Conceived and born outside of wedlock

- Child’s parents, at the time of the former’s conception were not disquali by any impediment to
marry each other
o Being a catholic priest is not an impediment
- Subsequent valid marriage of the parents

Concept of any impediment

- Causes and circumstances that may render a marriage void

o Prior existing marriage
o Close blood relationship
o Contravention of public policy
o Other causes under art 35, 36, and 53
 o Minority
- *for legitimation to transpire: marriage must be valid; if void no legitimation
- Legitimation takes effect by operation of law upon the subsequent marriage of the parents of
the child

Cases

- Marital cohabitation then later married basta no legal impediment

- If nawidow bigla

Only natural children can be legitimated

- Those born outside of wedlock parents who were not disquali by any impediment to marry each
other
- Ratio y limited to natural children only and NOT adulterous relations
o Rational e legitimation would be destroyed
o Unfair to the legitimate children in terms of successional rights
o Publis candal unless social mores change
o Too violent to gran the privilege of legitimation to adulterous children wil destroy the
sanctity of marriage
o Scandalous especially if the parents marry many years after birth of the child

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) chan robles virtual law library

Requisites of legitimation

- Condition precedent that there be no subsequent valid marriage

- Marriage void, no legitimation if married age 17 marriage is void
- If annulled, not affected by subsequent annulment of their marriage

Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)

Effects of legitimation

- Right to bear the surname of their father

- Right to receive support from their parents, ascendants, brothers and sisters
- Right to the legitime and other successional rights

Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)

Retroactive effect of legitimation purposes

- To protect innocent child

- Give right to enjoy the benefits of a legitimate child from the moment of birth not from tfrom
the time of the marriage of the parents

Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their
descendants. (274)

Rights even if the parents subsequently married

 - Even if the child is already dead, if his parents would get married, the marriage would redound
to the benefit of his OWN children
- It is only just to give privilege such children during their lifetime were unjustly deprived of it

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.

- Questioning legitimation done within 5 yrs from the time the cause of action accrued
o Mandatory
- Y? legitimates are prejudiced because fo such successional right for to elevate an illeg to the
status of a leg child would cause a reduction of successional rights