ARTICLE 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:
3. The open and continuous possession of the
status of a legitimate child; or
4. Any other means allowed by the Rules of
Court and special laws. (265a, 266a, 267a)
1

(Chun Chong v. Collector of Customs, Chun Yeng v.

Collector of Customs)

SC observed that parentage, lineage and

legitimacy cannot be made to depend
upon parental physiognomy or bodily
marks of similarity.

There is scarcely a family among any of

the nationalities where there are a
number of children, when one or more of
them, due to heredity perhaps, do not
resemble either of the immediate
parents.

Lineage cannot depend wholly upon the

2
presence or absence
of paternal

Filiation Established

(Cabatania v. Court of Appeals, GR 124814,

October 21, 2004)

SC said that in this age of genetic

profiling and DNA analysis, the
extremely subjective test of physical
resemblance or similarity of features
will not suffice as evidence to prove
paternity and filiation before the courts
of law.
3

Art164(Legitimatechildren)

childrenconceivedorborninsideavalidmarriage.

Art165(Illegitimatechildren)

childrenconceivedorbornoutsideavalidmarriageor
insideavoidmarriage,unlessotherwiseprovidedbylaw.

Art172(ProofsofLegitimacy)

providesforthedocumentsestablishingthefiliationof
legitimateofIllegitatechildren.

thelegitimateorillegitimatefiliationdoesnotarise
fromthestmtsandadmissionsmadeinthedoxmentioned
inpara1and2butfromthefactthatthechildrenwere
conceivedorborninsideoroutsideavalidmarriageor
insideavoidone.

para1and2maypaleinlegalsignificanceuponaclear
showingthatthechildrenwereillegitimateornot.
4

PROBATIVEVALUEOFTHESAID
DOCUMENTShowever,attainsgreat
weightandsignificanceoverall
otherevidencewherethechildren
wereborn300daysfollowingthe
terminationofthemarriageandno
subsequentmarriagehasbeen
enteredinto.
Art169

theillegitimacyorlegitimacyshall
beprovedbywhoeverallegessuch
legitimacyorillegitimacy.
5

NOT SUBJECT TO
AGREEMENT
must be judicially
established and it is
for the court to
declare its existence
or absence.

cannot be left to the

will or agreement of
the parties

must be resolved
according to the
requirements of the
6
law.

Case: Jose Rivero, et.al. vs. Court of

Appeals,
Mary Jane Dy Chiao-De Guzman

SC nullified a RTC decision based on the

compromise agreement executed between one
Mary Jane Dy Chiao-De Guzman, guardian ad litem
of her brothers Benito Dy Chiao, Jr. and Benson Dy
Chiao, and one Benedick Arevalo

Benedick (represented by his mother-Shirley

Arevalo) filed a complaint against Mary Jane, Benito
Jr., and Benson, all surnamed Dy Chiao

Case for compulsory recognition as the

ILLEGITIMATE CHILD of their deceased father,
Benito Dy Chiao, Sr.
7

Cont
Case: Jose Rivero, et.al. vs. CA,
Mary Jane Dy Chiao-De Guzman

December 6, 1996 - Mary Jane and Benedick signed the

compromise agreement in question.

A week later, RTC approved the agreement, rendered

judgment.

RTC issued a writ of execution by virtue of which public

auction sale of properties belonging to the estate of the
deceased.

On Benitos appeal, CA nullified the RTC decision, voiding

the writ of execution and subsequent sale of the properties.
8

Cont
Case: Jose Rivero, et.al. vs. CA,
Mary Jane Dy Chiao-De Guzman

RTC has no jurisdiction over Benedicks action

for recognition as the ILLEGITIMATE son of
Benito, Sr. and for partition of his estate.

Denial of petitioners motion for reconsideration

led to the elevation of the case to the SC

SC affirmed CA, it construed the compromise

agreement signed by Mary Jane and Benedick as
relating to filiation.
9

Cont
Case: Jose Rivero, et.al. vs. CA,
Mary Jane Dy Chiao-De Guzman

In the agreement, Mary Jane recognised Benedick as the

illegitimate son of her deceased father, for the consideration of
Php 6M to be taken from the estate of her father, the waiver of
other claims against the said estate, and the waiver by the Dy
Chiao siblings of their counterclaims against Benedick.

The Court held that Mary Janes recognition was ineffectual since
under the law, recognition must be made personally by the
putative parent and not by any brother, sister or relative. A
compromise agreement executed in behalf of another by one who
is not duly authorised to do so by the principal, is void and no
legal effect, and the judgement based on that is null and void,
10

Cont
Case: Jose Rivero, et.al. vs. CA,
Mary Jane Dy Chiao-De Guzman

Article 2035(1) of the New Civil Code provides that no

compromise upon the civil status of persons shall be
valid.

Paternity and filiation, or the lack of the same, is a

relationship that must be judicially established, and it
is for the court to determine its existence or absence.

Cannot be left to the will or agreement of the

parties.
11

ACCEPTED PROOF OF
FILIATION
The record of birth appearing in the civil
register or a final judgment; or
An admission of legitimate filiation in a
public document or a private handwritten
instruction and signed by the parent
concerned.
In the absence of the foregoing evidence,
the LF shall be proved by :
Open and continuous possession of the
status of a legitimate child; or
Any other means allowed by the Rules of
court and Special laws (265a, 266a, 267a)
12

ACCEPTED PROOF OF
FILIATION
The record of birth appearing in the civil register or
a final judgment; or
Birth certificate
formidable piece of evidence prescribed by
both the Civil Code and Art. 172 of the FC
public document (National Statistics Office)
offers prima facie evidence of filiation
a high degree of proof needed to overthrow
the presumption of truth contained in such
public document.
Note: Baptismal Certificate, a private document, is not a
conclusive proof of filiation. SC declared that is is only to prove
the administration of the sacrament on the dates therein
13 the declarations
specified, but not the veracity of

Sample of a NSO
Birth Certificate

14

An example of a NSO
(National Statistics
Office) authenticated
ROB (report of
birth) / birth
certificate from the
Philippines on SECPA
(security paper) that
was originally
reported at the
Philippine Consulate
General Los Angeles
in California, United
States of America
15

If the alleged father

A. signed the birth certificate. This is

considered as ACKNOWLEDGMENT of
paternity and the mere presentation of a duly
authenticated copy of such certificate will
successfully establish filiation.
B. did not sign the birth certificate. What is
important is that the putative father had a
hand in the preparation of the birth certificate.
C. did not sign the birth certificate. The
inscription of his name by the mother or
doctor or registrar is null and void; the mere
certificate by the registrar w/o the signature
of the father is not proof of voluntary
acknowledgement on the latters part.
16

Case: Ilano vs Court of Appeals

Parties:
Leoncia Delos Santos (former secretary of a lawyer)
Artemio Ilano (client of the lawyer)

Facts:
Leoncia and Artemio cohabited and lived together as husband
and wife. Leoncia gave birth to a baby girl named Merceditas S.
Ilano. At 5pm, Artemio came and was interviewed by the nurse
who inquire about the bio-date of the child. Leoncia was
unconscious so Artemio supplied the information to the nurse
who told Artemio that the info has to be recorded in the formal
form and has to be signed by Artemio. Nurse did not return.
Held:
SC affirmed the CAs findings that the Birth Certificate in
question was competent evidence of paternity although not
signed by the father, since the latter supplied all data about the
childs birth.
17

ACCEPTED PROOF OF
FILIATION
The record of birth appearing in the civil register
or a final judgment; or
Final judgment
juridical decision bearing on the status
of the children as legitimate and hence,
binding and conclusive.
public document.
if however this FJ is based on a
compromise agreement on the status of
a person void
18

ACCEPTED PROOF OF
FILIATION

An admission of legitimate filiation in a public

document or a private handwritten instruction
and signed by the parent concerned.

Admission in public or private handwritten

document
must be signed by the parent concerned
made personally by the parent himself or
herself, NOT by any brother, sister or
relative
if in public document, must be for the
purpose of admission of filiation and not
some other purpose.
may be established by holographic or
notarial wills EXCEPT that they no longer
need to be probated or to be strictly in
19
conformity with the
formalities thereof for

document
in Lim v. CA, the SC ruled that
there was no doubt that the petitioner was
the father of the illegitimate child because
the evidences convincingly show this.
the petitioner (Lim) paid the hospital bills of
the mother who gave birth.
he was the one who caused the REGISTRATION
of the name of the child using his surname in
the birth cert.
he wrote handwritten letters to the mother
and child stating his promise to be a loving
father and caring husband to both of you
when the mother was pregnant, he advised
her in a letter to take a lot of rest especially
in the situation youre in now clearly
referring to the mothers pregnancy relative
to the child.
there were also pictures of the petitioner on
20

ACCEPTED
PROOF
OF
Open and continuous possession of legitimate
FILIATION
status.
Open and continuous possession of
legitimate status.
means the enjoyment by the child of the
position and privileges usually attached
to the status of a LC such as
bearing the paternal surname
treatment of the parents and family as
legitimate
constant attendance to the childs
support and education,
giving the child the reputation of being
21
a child of his parents.

SC explained in Mendoza v. CA
Continuous does not mean that the
concession of status shall continue
forever but only that it shall not be of an
intermittent character while it continues.
The possession of such status means that
the father has treated the child as his
own, directly and not through others,
spontaneously and without concealment
though without publicity xxx.
There must be a showing of the
permanent intention of the supposed
father to consider the child as his own, by
continuous and clear
manifestation
of
22

ACCEPTED PROOF OF
FILIATION

Any other means allowed by the Rules of Court

and Special Laws.

Any other means allowed by the Rules of

Court and Special Laws.
Physical Resemblance (Tijing v. CA)
Blood Test
DNA Test (Cabatania v. CA)
CONCLUSIVE
Other Proof (family portrait NOT
sufficient proof)
23

Any other means allowed by the Rules of

Court and Special Laws.
SC held that (In Mendoza v CA, Sept 24,
1991)
in view of the fact that filiation may
be proved by any means allowed by
the Rules of Court and special laws,
this may consist of:

baptismal certificate, a judicial

admission, a family bible in which
his name has been entered, common
reputation respecting his pedigree,
admission by silence, the testimony
of witnesses and such other kinds of
proof admissible under Rule 130 of
24

ARTICLE 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
NOTWITHSTANDING THE DEATH OF EITHER
OR BOTH OF THE PARTIES. (268A)
25

WHO MAY INSTITUTE ACTION

Action to Claim Legitimacy

Strictly PERSONAL right of the CHILD,

which he or she may exercise at anytime
during his or her lifetime.

Exceptions childs heirs may exercise

said right in the following instances:
when the child dies during minority
when the child dies in state of insanity
when the child dies after the
commencement of the action
(Prescriptive period 5 yrs from the death)

26

WHO MAY INSTITUTE ACTION

Action to Establish Illegitimate
Filiation

may be brought by the child within the

same period specified in Art. 173, that is at
any time during his or her lifetime and

even after the death of the parents.

except when the action is based on the

2nd paragraph of Art. 172, in which case
the action must be brought during the
lifetime of the alleged parent. The
putative parent is given by the FC a chance
to dispute the claim.27

ARTICLE 174
Legitimate children shall have the right:
1. To bear the surnames of the father and
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)
28

3 KINDS OF HEIRS
1. VOLUNTARY, those who become as such
only by the express will of the testator in
the latters will and testament (present
only in testamentary succession)
2. LEGAL OR INTESTATE, those who are
called by the law to the succession in the
absence of voluntary heirs designated by
the testator (present only in intestate
succession)
3. COMPULSORY, those who are entitled to
the legitime and cannot be deprived
thereof by the testator unless properly
29
disinherited by testator.

RIGHTS OF
LEGITIMATE CHILDREN
1. SURNAME
Surname of Father and Mother
2. SUCCESSION
Those granted in the Civil Code
3. SUPPORT
In accordance to the provisions of
Family Code
Articles 195 and 199 (Priority set by
law)
30