3

FOURTH EXAMINATION

provisions
by Sarip Aila A. Ampatuan

1
 3

Table of Contents

2
 3

Title
Title Vi
VI Conception Birth Parents
lawfully
Classification

Paternity
PATERNITY AND
AND during the marriage
married
legitimate

FILIATION
filiation before the
marriage
during the
marriage
lawfully
married
legitimate

not married;
outside a valid marriage outside valid illegitimate
Chapter 1 marriage
Legitimate Children  conceived by parents who were not
disqualified by any impediment to
marry each other legitimated
Filiation
 considered legitimate by reason of the
Article 163. The filiation of children may be by nature or by subsequent marriage of their parents
adoption. Natural filiation may be legitimate or illegitimate. whether related by blood or
adopted
not to the adopter, by
Filiation – is the civil status of the child in relation to his father legitimate
fiction of law
or mother. It can either be paternity or maternity.
Presumption of legitimacy
Paternity – is the civil status of the father with respect to the
Article 164. Children conceived or born during the marriage
child begotten by him.
of the parents are legitimate.
Maternity – is the civil status of the mother with respect to the
Children conceived as a result of artificial insemination of the
child begotten by her.
wife with sperm of the husband or that of a donor or both are
likewise legitimate children of the husband and his wife,
Kinds of relationship
provided, that both of them authorized or ratified such
The relationship of parents and their children may arise either
insemination in a written instrument executed and signed by
from:
them before the birth of the child.
1. nature – derived from generation; may arise either:
This is a rebuttable or disputable presumption and not a conclusive
 within a lawful marriage, or one because of Article 166.
o filiation is legitimate.
 outside a lawful marriage. Presumption of legitimacy
o filiation is illegitimate. A child born during wedlock is presumed to be legitimate unless
there was no sexual access to the wife.
2. adoption – when it is in imitation of nature.
Note: There is no presumption of legitimacy if the insemination
Classification of children is not authorized.
The law classified children into legitimate, legitimated,
illegitimate, and adopted. How overturned
The presumption of legitimacy may be overturned by the
1. Legitimate – those conceived and born during the marriage husband or his heirs by clear and convincing evidence in a
of parents who are lawfully married or those who are case for impugnation of legitimacy under Article 166 of the FC
conceived before the marriage but born during the which must be pursued within the prescriptive period provided
marriage. by the law.

2. Illegitimate – those conceived and born outside a valid Legitimate children

marriage.
3. Legitimated – those conceived of parents who at the time
of conception were not disqualified by any impediment to
marry each other and who are considered legitimate by
reason of the subsequent marriage of their parents.
4. Adopted – those who whether related by blood or not to
the adopter, by fiction of law, are made legitimate of the
latter.
1. Children conceived or born during the marriage
2. Children conceived as a result of artificial
insemination of the wife with sperm of the husband
or that of a donor or both.
 Provided, that both of them authorized or
ratified such insemination a written
instrument executed and signed by them
before the birth of the child.
 The document shall be recorded in the
appropriate civil registry together with the
birth certificate of the child.

Status of born of artificial insemination (BAI) children

3

The children born of artificial insemination may either be
legitimate or illegitimate depending upon the circumstances.
Circumstance Status
If the insemination was authorized by both
parents, authorized or ratified in a document
legitimate
executed and signed by them before the birth
of the child.
If the insemination was not authorized, but
ratified in a document executed and signed by legitimate
them before the birth of the child.
If the insemination was performed upon the
wife without the authority of the spouses illegitimate
utilizing the semen not of the husband.
If it is with the consent of the wife but without
illegitimate
the consent of the husband.
If the written authorization or ratification by
either or both spouses was obtained through
illegitimate
mistake, fraud, violence, intimidation, or
undue influence.
Rationale behind the written agreement or written
conformity of the spouses of the insemination
The written agreement of the spouses is required for the
following purposes:
1. To protect the child from uncertainty of his civil status.
His status as legitimate child must be fixed and not to be
subject to be subject to the changing moods of the father
or mother in the future.
2. To protect the mother from possible charges of adultery
when the semen injected to her uterus is a pure
donation from an outsider. The child then is foreign blood
who is introduced into the family. The status of legitimacy
of the child is only by fiction of law; and
3. To protect the physician or doctor who conducted the
insemination from possible complaint for damages on the
pretext that the husband’s consent was not obtained.
Effect of artificial insemination arranged by the wife without
the consent of the husband
Where the wife procured her artificial insemination through the
use of sperm not belonging to her husband, it is submitted that
she is guilty of adultery.
The voluntary surrender of the wife’s reproductive powers or
faculties to another through artificial insemination is adulterous
because of the possibility of introducing into the family of
the husband a child not of his own blood (see Oxford v.
Oxford).
Status of test-tube babies
Test tube babies – are those conceived through a process
known as in-vitro fertilization and consists in inducing multiple
ovulation of a woman with the use of appropriate drugs.
3
Article 164(2) specifically applies to children conceived as a
result of artificial insemination. Test-tube babies are not covered.
The law therefore cannot apply except by analogy if only to solve
question of legitimacy or illegitimacy of such babies.
Circumstance Status
The ovum of the wife is fertilized with the
legitimate
sperm of the husband.
If the ovum is fertilized by a donor’s sperm, it
must be with the written consent of the
legitimate
spouses, signed and executed before the birth
of the child.
If there is no such consent, the act is ratified by
the spouses in a written instrument signed legitimate
and executed before the birth of the child.
Any baby born not under any of the
illegitimate
aforementioned situations
Artificial Insemination vs. In-vitro Fertilization
Artificial Insemination In-vitro Fertilization
the sperm is artificially the fertilized ovum of the
introduced into the uterine genetic mother is introduced
cavity of the wife during her into the uterine cavity of
fertile period. another woman known as
the gestational or surrogate
mother.
Question: Under the latter situation, whose child is the child?
Submission: If the zygote is the result of the fertilization of the
wife’s ovum by her husband’s sperm, it is submitted that the child
is their legitimate child – it having been sourced from their own
blood.
Effect of the intervention of surrogate mothers
The surrogate mother has merely carried the child in her womb
for development. She is not the source of the life of the child.
Problem cases:
1. Suppose W’s ovum is fertilized through the method of in-
vitro fertilization with the use of a donor’s (D) sperm and the
resulting zygote is successfully implanted into the womb of
the surrogate mother (M) without the consent of W’s
husband and the baby (B) was born.
Questions:
Is B illegitimate?
Is W liable for adultery?
Submission: The child is illegitimate because it is not the
child of the husband (H). It is the child of W and D who are
not married.
The wife is not liable for adultery. There is no sexual
intercourse with another man not her husband; neither did
she introduce a blood alien to the family, considering that
she is not the one who gave birth to the child. It was the
surrogate mother who did.
4

2. Suppose the surrogate mother (M) is married and she
allowed herself to be the carrier of the zygote of H and W,
without the consent of M’s husband. M gave birth to the
child (B) of H & W.
Questions:
What is the status of X?
Is M liable for adultery?
Submission:
Insofar as H & W are concerned, the child is legitimate. H &
W are legitimate spouse. The child is their own blood. It
came from them, although its full development was effected
through the participation of the surrogate mother (M).
Insofar as M and her husband are concerned, they have no
blood relation to the child. Hence, the child is neither their
legitimate or illegitimate child. The child is just a rider in the
womb of M for which just compensation is due to the latter,
to prevent undue enrichment.
M may be liable for adultery if she will claim the child as hers
for then she will be introducing a blood alien to her
husband.
Presumption of illegitimacy
Article 165. Children conceived and born outside a valid
marriage are illegitimate, unless otherwise provided in this Code.
Illegitimate children – are those conceived and born outside of
a valid marriage. The following are illegitimate children:
1. Children born of sexual relationship without cohabitation, or
within cohabitation but without the benefit of marriage.
2. Children born of marriages which are void ab initio such as
bigamous and incestuous marriages and marriages
declared void for being contrary to law and public policy
(Articles 35, 37, 38, and 53).
3. Children born of voidable marriages before the decree of
annulment are legitimate but those born after are
illegitimate (Article 50 in relation to Article 43(1)).
Exceptions
The rule is that children conceived and born outside a valid
marriage are illegitimate except when the Code provides
otherwise. There are two instances when the Code considers
children as legitimate even though born out of void marriages:
Article 54. Children conceived or born before the judgment of
annulment of absolute nullity of marriage under Article 36 has
become final and executory shall be considered legitimate. Children
conceived or born of the subsequent marriage under Article 53 shall
likewise be legitimate.
1. Children conceived or born before the judgment of
annulment of absolute nullity of marriage under Article
36;
3
Article 36. A marriage contracted by any party who, at the
time of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage, shall
likewise be void even if such incapacity becomes manifest only
after its solemnization.
2. Children conceived or born of the subsequent marriage
under Article 53.
Article 52. The judgment of annulment or of absolute nullity
of the marriage, the partition and distribution of the properties
of the spouses and the delivery of the children's presumptive
legitimes shall be recorded in the appropriate civil registry and
registries of property; otherwise, the same shall not affect third
persons.
Article 53. Either of the former spouses may marry again after
compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall be
null and void.
Significance of resemblance
Mere lack of resemblance between child and father is not proof
of illegitimacy but racial dissimilarity coupled with the woman’s
adultery is sufficient proof of such.
Grounds for the impugnation of the legitimacy of a child
Article 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.
Period of impossibility of sexual access
The period must be during the marriage and not before.
It must be within the first 120 days of the 300 days which
immediately preceded the birth of the child.
----------- first 120 days -------- | ------- 300 days ------- | -------- | birth
5
 3

intensive care unit. It must be inconceivable for him to be able

Question: Suppose, there is sexual access after the 120-day
period, can the legitimacy of the child be impugned?
Submission: Yes, provided that there no sexual access within the
120 days of the 300 days which immediately preceded the birth
of the child. If there is possibility of access, the child is presumed
legitimate.
Husband’s physical incapacity
This is possible under two situations:
1. Absence of sexual organ on the part of the husband which
could be due to natural, accidental, or other causes;
to engage in sexual intercourse.
Biological or scientific finding that child is not that of the
husband
With the advance of modern science, through DNA or blood test
exclusions, it can be determined that a child is not of the
supposed parent. Thus, when the supposed father and alleged
child do not have the same blood type, they cannot be father
and child by consanguinity.
Exception: Even if the child has a different blood type,
nevertheless, the child will be considered legitimate under the
provisions of Article 164 (2).

2. Impotence which means the inability of the male organ to Impugning the legitimacy of a child is a strictly personal
perform its property function. right of the husband
Direct action is necessary. The grounds for impugning the
Impotence vs. Sterility legitimacy of the child may only be invoked by the husband, or
Impotence Sterility in exceptional cases, by the heirs, for the simple reason that the
refers to the person’s refers to the person’s husband is the one directly confronted with the scandal and
inability to engage in sexual incapacity to procreate or ridicule which the infidelity of his wife produces.
intercourse produce children though
with capacity to copulate. It is settled that the legitimacy of the child can be impugned only
in a direct action brought for that purpose, by the proper parties
Two kinds of sterility and within the period limited by law.
1. Natural – is sterility or infertility which is in born;
2. Artificial – is induced or acquired through medical Liyao, Jr. v. Tanhoti-Liyao
intervention.
Tainted authorization or ratification
Sterility Castration When the authorization or ratification of artificial insemination
artificial sterility was obtained through mistake1, fraud2, violence3 and
male is incapable of procreation but his capacity for sexual intimidation4, or undue influence5, the legitimacy of the child
physiology is not affected may be impugned.
severance of the vasa involves the excision of testicles
deferentia in the male thus
Child is still legitimate even when mother declares otherwise
making it impossible for
the sperm from the Article 167. The child shall be considered legitimate although
testicles to reach the the mother may have declared against the legitimacy or may
outside. have been sentenced as an adulteress.

Women may also be the subject of sterilization through the Rationale

occlusion of their fallopian tubes or by the removal of their
ovaries.
Husband living separately from wife
The separation must be of such a nature that sexual access is
not possible as when the spouses reside in different countries
or provinces and were never together during the period of
conception.
Husband’s serious illness
The illness must be serious as to absolutely prevent sexual
intercourse such as when the husband is in comatose or in the
This is to protect the child from the passions of his or her
parents. Even if she is convicted of adultery, the child is still
considered legitimate in the absence of any evidence to the
contrary. A married woman cannot be allowed to bastardize her
child.
The presumption of legitimacy is based on the broad principles
of natural justice and the supposed virtue of the mother. It is
grounded on the policy to protect the innocent offspring from
the odium of illegitimacy.

1
Mistake – as to the identity or qualifications of the parties; will vitiate consent only when such 4
Intimidation – when one of the contracting parties is compelled by a reasonable and well-
identity or qualifications have been the principal cause of the contract; Article 1331. grounded fear of an imminent and grave evil upon his person or property, of that of his spouse’s,
2
Fraud – when through insidious words or machinations (a deceitful scheme or plot with an evil descendants, or ascendants’, to give his consent.
design; fraudulent purpose) of one of the contracting parties, the other is induced to enter into 5
Undue influence – when a person takes improper advantage of his power over the will of
a contract, which without them, he would not have agreed to; different from the frauds under another, depriving the latter of a reasonable freedom of choice.
Article 46.
3
Violence – when in order to wrest consent, serious or irresistible force is employed.

6

When marriage is terminated and the mother contracts another
marriage
Article 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.
Conceived during the former marriage
termination of former subsequent after solemnization
born within 300 days after born before the lapse
the termination of the of 180 days
former marriage
Illustration:
A & B are husband and wife. A died. B, the widow, got married
to C, 200 days after the death of A. 100 days after B’s second
marriage to C, B gave birth to E.
Question: Whose child is E?
Answer: E is considered as the child of the first marriage. E
was born before 180 days after the celebration of the second
marriage and within 300 days after the termination of the first
marriage.
Conceived during the subsequent marriage
termination of former subsequent after solemnization
even though it be born born after 180 days
within 300 days after the
termination
Illustration:
A & B are husband and wife. A died. B, the widow, got married
to C, 100 days after the death of A. 200 days after B’s second
marriage to C, B gave birth to E.
Question: Whose child is E?
Answer: E is the child of the second marriage having been
born after 180 days following the celebration of the second
marriage although, its birth falls within 300 days after the
termination of the first marriage.
Requisites for the applicability of the article
1. The first marriage is terminated;
2. The mother contracted a subsequent marriage;
3. The subsequent marriage was contracted within 300 days
after termination of the previous marriage;
4. A child was born;
3
5. There is no evidence to prove that the child is that of the
first or second marriage.
Two important periods
With all the requisites present and the mother having given birth
to a child, the problem of whose child is it shall be determined
considering two periods:
1. The date of the termination of the first marriage;
2. The date of celebration of the second or subsequent
marriage.
Criminal liability for premature marriage
Article 351, RPC punishes any widow:
a. who shall marry within 301 days from the death of
the husband; or
b. before having delivered if she shall have been
pregnant at the time of her husband’s death,
with a penalty of arresto mayor and fine of not exceeding
P500.00.
The above prohibition is applicable also to a wife whose
marriage had been annulled or declared void. If she is pregnant
at the time of the finality of the decision, it is prudent for her not
to remarry to avoid questions of paternity on the child.
Status of the marriage
The marriage entered into under the situation above stated is
nevertheless valid, as long as the elements of a valid marriage are
complied with. However, the criminal liability attaches. The
subsequent husband, if aware of the attendant circumstances,
will also be liable as a co-principal for the crime of premature
marriage.
Purpose of the prohibition
The purpose of the law is to prevent doubtful paternity. It is
intended to prevent confusion in connection with filiation and
paternity, inasmuch as she might have conceived and became
pregnant by her late husband.
The man who married the widow with knowledge of the
prematurity of the marriage is liable as an accomplice. Note
however that the marriage is valid.
Children born after 300 days following the termination of the
marriage; burden of proof
Article 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.
Difference from Article 168
Article 168 speaks of children born within 300 days after the
insemination of the first former marriage.
The present article speaks of children born thereafter. The article
makes no pronouncement as to the legitimacy or illegitimacy of
7
 3

the child as such will be proven by evidence by whoever alleges 1. from the discovery or
or claims the same. knowledge of the birth
of the child or
Significance of the 300 days 2. knowledge of the fact
Ordinarily, the average duration of pregnancy is 9 months and a of registration of said
few days. The period is the longest allowance for a tardy birth. birth.

Prescriptive periods to impugn the legitimacy of the child Result of non-action and the lapse of the prescriptive period
Article 170. The action to impugn the legitimacy of the child Once the prescriptive periods have lapsed without any action
shall be brought within one year from the knowledge of the birth having been filed, the legitimacy of the child concerned could
or its recording in the civil register, if the husband or, in a proper no longer be impugned.
case, any of his heirs, should reside in the city or municipality
where the birth took place or was recorded. Inapplicability of article
The article does not apply in an action to cancel the birth
If the husband or, in his default, all of his heirs do not reside at certificate of a child who claims to be a child of the parent, on
the place of birth as defined in the first paragraph or where it was ground of it being void ab initio does not prescribe (Babiera v.
recorded, the period shall be two years if they should reside in Catotal).
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 When the heirs of the husband may impugn the legitimacy of the
heirs, the period shall be counted from the discovery or child
knowledge of the birth of the child or of the fact of Article 171. The heirs of the husband may impugn the filiation
registration of said birth, whichever is earlier. of the child within the period prescribed in the preceding
article only in the following cases:
The mother is not contemplated in the article as there is no doubt
on maternity. 1. If the husband should die before the expiration of the
period fixed for bringing his action;
Direct action only
The legitimacy of the child may be assailed in a direct action 2. If he should die after the filing of the complaint without
filed specifically for the said purpose and within the having desisted therefrom; or
prescriptive period fixed by the article.
3. If the child was born after the death of the husband.
It may be filed by the husband alone, or in special or exceptional
cases, by his heirs.
When the article applies
The present article applies only in default of the husband due to
Application of the prescriptive periods
his untimely demise.
Period
(from the knowledge of the birth
Circumstance General rule: It is only the husband who can question the
or its recording in the civil
register) legitimacy of a child born to his wife.
 if the husband or his
heirs (H/h), should reside Exception: Upon his death, his heirs are allowed to impugn the
in the city or legitimacy of the child or continue the one already begun by him
within 1 year when no desistance has been executed.
municipality where the
birth took place or was
recorded Result
 if (H/h) do not reside at If the action is successful, the child will be considered adulterous
the place of birth as and devoid of any filiation with the husband.
defined in the first
within 2 years Child may impugn his legitimacy
paragraph
 if they should reside in The action must be brought during his lifetime.
the Philippines
Articles 166, 170, and 171 govern a situation where a
 if (H/h) do not reside at
husband denies as his own, a child of his wife
the place of birth as
When what is alleged in the petition is that the child is not the
within 3 years defined in the first
child of the couple, that is, both of the husband and wife, the
paragraph
aforementioned provisions are not applicable.
 if abroad
 if the birth of the child
The impugnation of the legitimacy of a child applies only when
whichever is earlier: has been concealed from
the husband or his heirs deny that the child is the child of the
or was unknown to (H/h)
husband with his wife.

8
 3

Chapter 2 2. An admission of 2. Any other means

Proof of Filiation legitimate filiation in a allowed by the Rules of
public document or a Court and special laws.
private handwritten
Proofs of filiation instrument and signed
Article 172. The filiation of legitimate children is established by the parent
by any of the following: concerned.

1. The record of birth appearing in the civil register or a final PRIMARY PROOFS
judgment; or
Record of birth
2. An admission of legitimate filiation in a public
This refers to the record of birth of the Civil Register in
document or a private handwritten instrument and
accordance with Act No. 8753 or the Civil Registry Law. The
signed by the parent concerned.
books making up the Civil Register and all the documents
therein are considered public documents and are prima facie
In the absence of the foregoing evidence, the legitimate filiation
evidence of the truth and facts therein contained.
shall be proved by:
A birth certificate is a record of birth but it is not competent
1. The open and continuous possession of the status of a
evidence if the alleged father had no hand in the its preparation.
legitimate child; or

Child Signatories
2. Any other means allowed by the Rules of Court and
signed only by the:
special laws.
 physician, or
 midwife
Vda. De La Rosa v. Heirs of Vda. De Damian
Legitimate
The declaration of either parent of the child is
Kinds of recognition
sufficient for the registration of its birth in the
Under the new law, recognition may be:
civil register.
signed by:
1. compulsory
a. in cases of rape, abduction, or seduction, when the period Illegitimate  both parents, or
of the offense coincides more or less with that of the  by the mother alone if the father refuses
conception;
an unsigned record of birth cannot be used as proof of
b. when the child is in continuous possession of the status of filiation.
a child of the alleged father (or mother) by the direct acts
of the latter or his family;
When father provides the date in the birth certificate
When the data in the birth certificate were provided by the
c. when the child was conceived during the time when the
mother cohabited with the supposed father; putative father although he did not sign it, that is tantamount to
recognition.
d. when the child has in his favor any evidence or proof that
the defendant is his father. Baptismal certificate
Such is not conclusive proof of filiation but one of the “other
2. voluntary – may be made in: means” as provided in Article 172. They only prove the
a. a record of birth, administration of the sacrament of baptism and not proof of the
b. a will, truth of the statements made therein regarding the parents of
c. a statement before a court of record, or the person baptized. However, they can be admitted as part of
d. any authentic writing. the testimony of the petitioner to corroborate the claim of
filiation.
Proof of filiation
The filiation of a child, whether legitimate or illegitimate, may be Blood test results
established either by primary evidence, or in the absence of These may be used to establish paternity, subject to some
such, by secondary evidence. limitations. They are disputable only for exclusion purposes, that
is, to prove that the man is not the father of the child.
Primary evidence Secondary evidence
1. The record of birth 1. The open and Final judgment – this refers to a decision of a competent court
appearing in the civil continuous possession finding the child as the legitimate or illegitimate child as the case
register or a final of the status of a may be, of a parent or parents, and which decision is already
judgment; or legitimate child; or final.

9

Written admission of filiation
This refers to a public document or private handwritten
instrument signed by the parent concerned, admitting his or
her filiation to the child.
1. Public document
 one which is duly acknowledged before a notary
public or similar functionary, with the proper
formalities, so as to become public and be
admissible in suits.
2. Private document
 must be executed in the very handwriting of the
maker, and
 duly signed by him.
 machine-printed or typed typed documents, even
if signed by the parent concerned, will not suffice.
Any authentic writing is treated not just as a ground for
compulsory recognition, it is in itself a voluntary recognition
that does not require a separate action for judicial approval
(Verceles v. Posada).
SECONDARY PROOFS
Open and continuous possession of status of a child
This does not in itself constitute an acknowledgment as it is only
a ground for a child to compel recognition by his assumed
parent.
The child should enjoy the consideration, on the part of the
public of the status of being a child of the spouses by:
1. the use of the father’s surname;
2. treatment which as a child, he receives from his father and
mother, and from his parents’ family,
3. by his being provided by his parents with education and
support.
The possession must be:
1. open – meaning public;
2. continuous – that is, uninterrupted; and
3. for a length of time sufficient to impress in the public
mind the parents’ recognition of their filiation to the child
concerned.
The nature of the possession of the status of an illegitimate
child
In the case of Vda. De La Rosa v. Heirs of Vda. De Damian, it
was held that:
There was apparently no doubt that she possessed the
status of an illegitimate child from her birth until the
death of her putative father Guillermo Rustia. However, this
did not constitute acknowledgment but a mere ground by
which she could have compelled acknowledgment
through the courts.
3
Furthermore, any judicial action for compulsory
acknowledgment has a dual limitation:
1. the lifetime of the child and
2. the lifetime of the putative parent.
On the death of either, the action for compulsory
recognition can no longer be filed.
In this case, intervenor Guillerma’s right to claim compulsory
acknowledgment prescribed upon the death of Guillermo
Rustia on February 28, 1974.
Legitimacy cannot be attacked collaterally
The issue of legitimacy cannot be attacked collaterally. Filiation
of illegitimate children should be ventilated in the proper
probate court in a special proceeding for the purpose and
cannot be adjudicated in an ordinary action for recovery of
ownership and possession.
The possession of status may be enjoyed by a conceived
child, although unborn yet.
Any other means allowed by the Rules of Court and special
laws
Filiation must be established by clear and convincing evidence.
All other evidence allowed by the Rules of Court and special laws
may be utilized to establish filiation. Instances of evidence under
the Rules of Court include:
 acts or declarations concerning pedigree;
 family reputation or tradition concerning pedigree;
 common reputation respecting pedigree;
 judicial admissions;
 admission by silence;
 presumptions.
Collateral heirs, proof of filiation
By analogy, the method of proving filiation of legitimate children
may also be utilized to prove the fact of being collateral heirs of
a deceased.
Action to claim legitimacy by the child or his heirs
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.
Who may bring an action to claim legitimacy
1. the child
2. his or her heirs (in exceptional cases)
When transmitted to heirs and prescriptive periods
Instance Prescriptive period
if the child dies during
5 years
minority
if the child dies in a state of
5 years
insanity
if the child dies after having action already commenced
filed the action and the by the child shall survive
10
 3

proceedings have not yet notwithstanding the death of

lapsed. either or both parties;

the pending case shall be

continued in behalf of the
child by his or her heirs.

Prescription period of action

Party Prescription
Child imprescriptible; during his or her lifetime
Heirs 5 years

The prescriptive period is Article 173 is also applicable to clains

for illegitimate filiation, subject to an exception (Article 175).

11