PATERNITY AND FILIATION
Dr. Vladimir Villacorte Villasenor
Paternity- civil status of the father with respect to
the child begotten by him
Filiation- civil status of the child in relation to its
mother and father
Legal Importance:
A. For Succession
B. For enforcement of the Naturalization and
Immigration of Laws
Kinds of Children
A. Legitimate Children: one who is born in
lawful wedlock, or within a competent time
afterwards;
1. Legitimate children (proper) – those
who were born in lawful wedlock or
within 300 days after dissolution of
marriage
2. Legitimated children
• Legitimation is defined as a
remedy or process by which a
child born out of lawful wedlock
and are therefore considered
illegitimate are by fiction of law
considered legitimate by
subsequent valid marriage.
3. Adopted children
• Adoption is the act or
proceedings by which relations
of paternity and filiation are
recognized as legally existing
between persons not so related
by nature.
B. Illegitimate Children: are those who were
born out of lawful wedlock or after a
competent time after its dissolution.
1. Natural Children:
a. Natural Children (proper) – those
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.
b. Natural Children by presumption –
those natural children
acknowledged by the father or the
mother separately if the
acknowledging parent was legally
competent to contract marriage at
the time of conception.
c. Natural Children by legal fiction –
children born of void marriages or
those born of voidable marriages
after the decree of annulment.
C. Spurious Children – illegitimate who are
not natural are considered spurious
1. Adulterous children – conceived in an
act of adultery or concubinage
2. Incestuous children – children born by
parents who are legally incapable of
contracting valid marriage because of
their blood relationship.
3. Manceres children – children conceived
by prostitutes. It is very difficult to
determine the father because of the
nature of the business.
4. Sacrilegious children - children born of
parents who have been ordained in sacri
Evidence of Paternity and Filiation
A. Medical Evidence
1.Paternal likeness
2. Blood grouping test
3. DNA test
4. Evidence of the mother
• Proofs of previous delivery
• Proofs of physical potency and
fertility
• Proof of capacity to have access
with the husband
5. Evidence from the father
• Proof of physical potency and
fertility
• Proof of access
B. Non-Medical Evidences
1. Record of birth in the Civil Registrar or
by an authentic document or final
judgment
2. Continuous possession of the status of
legitimate child
3. Any other evidence allowed by the
Rules of Court and Special laws.