CHAPTER III

PATERNITY AND
FILIATION
PATERNITY- IS THE CIVIL STATUS OF THE FATHER WITH THE
RESPECT TO THE CHILD BEGOTTEN BY HIM.
FILIATION- IS THE CIVIL STATUS OF THE CHILD IN RELATION
TO ITS MOTHER OR FATHER.

 LEGAL IMPORTANCE OF DETERMINING PATERNITY

AND FILIATION
 1. For succession- In legal succession , the right of the
legitimate children is different from that of the illegitimate
children.
 2. For enforcement of the naturalization and immigration
laws- Naturalized citizens give ipso facto philippines
citizenship to their minor children at the time of their
naturalization under certain qualifications.
 A minor child of naturalized or permanent resident alien
may be given the right to land into our shores upon proof
that such minor is a legitimate child of a naturalized
filipino or that of a permanent resident alien.
KINDS OF CHILDREN:

A.LEGITIMATE CHILDREN
1. LEGITIMATE CHILDREN (PROPER)
2. LEGITIMATED CHILDREN
3. ADOPTED CHILDREN

B.ILLEGITIMATE CHILDREN
1.NATURAL CHILDREN
*NATURAL CHILDREN(PROPER)
*NATURAL CHILDREN BY PRESUMPTION
*NATURAL CHILDREN BY LEGAL FICTION
2.SPURIOUS CHILDREN
*ADULTEROUS CHILDREN
*INCESTUOUS CHILDREN
*MANCERES CHILDREN
*SACRILEGIOUS CHILDREN
-LEGITIMATE CHILDREN
 A legitimate child is one who is born in lawful
wedlock, or within a competent time afterwards.
1.LEGITIMATE CHILDREN(proper)
Legitimate children (proper) are those who were born in
lawful wedlock or within 300 days after the disolution of
marriage.
Presumption of legitimacy: (art.255,civil code)
*Children born after 180 days following the celebration of the
marriage,and before 300 days following its disolution of the
seperation of the spouses shall be presume to be legitimate.
-The physical imposiblity maybe cause by :
(1) The impotence of the husband.

(2) The fact that the husband and wife were living separately
in such a way what access was not possible;and
(3) By the serious illness of the husband.
Requisites of the presumption:
a.There is a valid marriage
b. The birth of the child took place after 180days following the
celebration of marriage or within 300 days following its this
disolution or seperation of the spouse.
c. The is no physical imposibility of the husband having
access to the wife during the first 120 days of the 300 days
preceding the birth of the child.
Thepresumption legitimacy under art.255, civil code is
conclusive:
The presumption of legitimacy above-mentioned (art.255,civil
code) is conclusive because:
a. Sec. 4(a) of rule 131 of the rules of court is repetition of
art,255 of civil code .
Sec.4, rules of court – Quasi-conclusive presumptions of
legitimacy:
(a) Children after 180days following the celebration of
marriage, and before 300 days following its disolution or the
seperation of the spouses shall be presume legitimate.
b. The presumption in art.255 civil code is not qualified while
in presumption in art.257,258 and 259 or the same code
qualified the presumption to be prima facie which infer that
the presumption under art.255 is conclusive.
Children born in 180 days following the celebration of
marriage
Example: A and B were married in jan.1 1980. A child was
born after 180 days following there marriage .if there is no
impossibility of access between A and B , child is conclusively
presume to be Legitimate.
Child born within 300 days following its dissolution seperation
of spouse:
Example: A and B are legally married. on january 1, 1980,B,
the husband died. 230 days after A became a widow, a child
was born. The child is exclusively presumed to be legitimate
insofar as a deceased husband provide there was no physical
impossibility of access between A and B during the latter’s
lifetime.
M was married with X on September 28,1944. the husband M ,
died on october 11,1944. A child was born on april 24 1945 or
208 days after the celebrtation of marriage and 300 days
following it’s dissolution. There being no showing that M is
impotent ,the court held that the child born is conclusively
legitimate (Menciano v, Neri San Jose, G.R. No. L-1967, May
1951)
Only evidence sufficient to rebutt the above presumption:
That there is physical impossibility of the husband’s having
access to his wife within the first 120 days of the 300 days
which preceded the birth of the child.
(1) A and B were married and 7 months after marriage a child
was born. Considering that each month has 30 days the
child is considered legitimate if, anytime 3 months before 1
month after the marriage, there was the possibility of
access between A and B.
(2) A and B were legally married . 6months after A become a
widow, a child was born .
 Causes of physical imposibility:
(1) By the impotence of the husband
(2) By the fact by the husband and wife were living
seperately, in such a way that access was not
possible.
(3) By the serious illness of the husband
(Art.255,Civil Code).
The impossiblity of access must not be construed in
it’s literal sense. It means inability to perform
sexual intercourse.
Impotency of the husband must be present during
the first 120 days of 300 days preceding the birth
of the child. It must be an absolute impotency in
hot a relative one, it must be complete not partial.
Art. 258, Civil Code:
A child born within 180 days following the celebration of
marriage is prima facie presume to be legitimate. Such a child is
conclusively presume to be in any of this cases:
(1) If the husband, before the marriage,knew of the pregnancy of
the wife:
(2) If he consented, Being present, to the putting of his surname
on the record of birth of the child; and
(3) If he expressly or tacitly recognized the child as his own.
Recognition shall be made in record of birth. a will, a statement
before a court or record, or any authentic writing
(Art.278, Civil code)
Prima Facie means the presumption is true and correct unless it
can be shown by other proof of the contrary.
Art. 256, Civil Code :
The child shall be presumed legitimate, although the mother
may have declared againts it’s legitimacy or may have been
senteced as an adulteress .
Reasons for the provisions:
**The status of the child must not be left at the mercy or
the passion of the parents. A wife may while in the fit of
her anger declare that the child is not that of the husband
although it is not true.
**The husband may connive with the wife and let her
declare the child as a legitimate and thus decrease his
right over the properties of the husband.
**Between legitimacy and illegitimacy, the law is in favor
of legitimacy. A child must not be punished by the
wrongful acts of his parents.
Presumption of illegitimacy based on ethnic reasons:
Art.257, Civil Code:
Should the wife commit adultery at or about the time of
the cocemption of the child, but there was no physical
impossibility of access between her and his husband has
set forth in article 255, the child is prima facie presumed to
be illegitimate if it appears highly improbable, for ethnic
reasons, that the child is that of the husband. For the
purpose of this article, the wife’s Adultery need to be
proved in a criminal case.
Example:
A and B, both white americans were legally married.
During the period of concemption for the child C, the wife
had an illicit relation with X, a negro. The child born was
dark skin, wiry and curly hair with the thick lips. There is
no ancestor in A and B who is negro. The child is prima
facie presumed to be illegitimate.
Presumption of legitimacy if the widow marries within 300
days following the death of the husband:
Art.259,Civil Code:
If the marriage is dissolved by the death of the husband,
and the mother contructed another marriage within 300
days following such death, these rules shall be govern:
(1) A child was born before 180 days after the solemnization
of the subsequent marriage is disputably presumed to
have been conseive during the former marriage,
provided it be born within the 300 days after the death
of former husband
Example:
A widow married 100 days after the death of his first
husband. a child is born 175 days after the celebration of
second marriage. The child is disputably presumed to be
legitimate insofar as the first husband because the child is
born within 180days following the celebration of the second
marriage and within 300 days after the death of the first
husband.
Flaw of presumption:
A widow married 50 days after the death of the first
husband. A child was born 200 days following the
celebration of the second marriage . Following the provision
of the presumption, the child is legitimate insofar as the
second husband. But the child is born only 250 days after
the death of the first husband. It is possible that the widow
was pregnant for 1 month at the time of death of the first
husband, yet the presumption made the child prima facie
legitimate as that of the second husband.
Duty of a woman after annulment of marriage when
she becomes a widow and pregnant.
Art.260,Civil Code:
If after a judgement anulling a marriage, the former
wife should believe herself to be pregnant by former
husband, she shall within 30 days from the time she
became aware of her pregnancy, notify the former
husband or his heirs of that fact. He or his heirs may
ask the court to take measures to prevent simulation
of birth.
The revised penal code impose penalty for simulation of
birth and usurpation of the civil status:
Art.347,revised penal code –Simulations of births,
subtitution of one child for another and concealment or
abandonment of a legitimate child:
The simulation of births and the subtitutions of one
child for another shall be punished by prision mayor
and a fine of not exceeding 1,000 pesos.
Usurpation of civil status
Art.348, Revised penal code:
The penalty of prision mayor shall be imposed upon
any person who shall usurp the civil status of another,
should he do so for the purpose of defrauding the
offended party or his heirs; otherwise, the penalty of
prision correctional in it’s medium and maximun
periods shall be imposed
Child born after 300 days following dissolution of
marriage or seperation of the spouse:
Art.261 Civil Code:
There is no presumption of legitimacy or illegitimacy
of a child born after 300 days following the dissolution
of the marriage or seperation of the spouses. Who ever
alleges the legitimacy or yhe illegitimacy of such child
must prove his allegation.
 LEGITIMATED CHILDREN
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 of
the parents.
Art.270,Civil Code:
Legitimation shall take place by the subsequent marriage of the
parents.
Art.272, Civil Code:
Children who are legitimated by subsequent marriage shall enjoy the
same rights as legitimate children.
Children can be legitimated:
a. Natural Children(proper)
Natural children are those born outside lawful wedlock of parents
who, at the time of concemption of the former, were not disqualified by
any impediment to marry each other (Art.269,Civil Code)
Requisites for legitimation of natural child (proper)
a. The Child must be natural
b.The child must be acknowledged by both parents before marriage.
c. There must be subsequent marriage of parents.
-ADOPTED CHILDREN
3. ADOPTED CHILDREN
Adoption is defined as the act or proceeding by which
relations of paternity and filiation are recognized as
legally existing between person’s not so related by
nature. The purpose of adoption is to established the
relationship of paternity and filiation and to afford
persons who have no child of their own consolation of
having one by legal fiction. The child wherein
paternity and filiation is established is an adopted
child and all with the legal rights as a legitimate child
in the relation to adopting parents.
Persons who may be adopted:
a. The natural child, by natural father or mother
b. Other illegitimate children, by the father or mother
c. A step-child , by the step father or stepmother
(Art.338,Civil Code)
d. Any person even if of age, provided the adopter is
sixteen yrs Older(Art.338,Civil Code)
Persons who cannot be adopted:
a. A married person, without the written consent of the other
spouse
b. An alien with whose government the republic of the
philippines has broken diplomatic ralations; and
c. A person who has already been adopted (Art.339,Civil Code)
Pesron who may adopt
a. Every person of age,who is in full possesion of his civil rights.
(Art.334, Civil Code)
Persons who cannot adopt:
a. Those who have legitimate, legitimated, acknowledged natural
children or natural children legal fiction
b. The guardian, with respect to the ward, before the final
approval of his accounts:
c. A married person, without the consent of the other spouse:
d. Non-Resident aliens
e.Resident Aliens whose government the republic of the
philippines has broken diplomatic ralations; and
f. Any person who has been convicted of a crime involving moral
turpitude, When the penalty imposed was sixmonths’
imprisonment or more (Art. 335,Civil Code).
B. ILLIGITIMATE CHILDREN
Illegitimate children are those who were born out of lawful
wed lock or after a competent time after it’s dissolution.
1. Natural Children:
a. Natural children(proper)
Natural children are those born outside wedlock of parents
who, at the time of the concemption of the former, where
not disqualified by any impediment to marry each
other(Art.269,Civil Code)
b. Natural Children by legal fiction:
Natural children by legal fiction are those children born of
born marriages after the decree of annulment
c. Natural children by presumption
Natural children by presumption are those natural childen
acknowledged by the father or the mother seperately if the
acknowledging parent was legally competent to contract
marriage at the time of concemption.
2. Spurious Children
Illigitimate children who are not natural are considered
spurious.
a. Adulterous Children- These are children conceived in an
act of adultery or concubinage
b. Sacrilegious Children- These are children born of parents
who have been ordained by sacris. In civil law there is no
such kind of illegitimate children because a priest or a nun
can marry. There is no impediment in law for them to
marry. It is only regulation of the church that prohibits it.
Seperation between the church and the state.
c. Incentious Children- These are children born in parents
who are legally Incapable of contracting valid marriage
because of there of blood relationship as marriage between
brothers and sisters, father and daughter, etc.
d. Manceres – These are children conceived by prostitutes.
It is very difficult to determine the father because of the
nature of the business .
Civil Liability of Persons Guilty of Crimes againts
Chastity
1. To indemnify the offended woman

2. To acknowledge the offspring, unless the law

should prevent him
3. In every case to support the offspring.

The adultery and the concubine in the case provided

for the articles 333 and 334 may also be sentenced in
the same proceeding or in a separate civil proceeding,
indemnify for damages causes to offended spouse.
In Cases of multiple rape, when 3 persons one after
another rape a woman the offenders may not be
required to recognize the offspring at it is impossible
to determine the paternity of the child
 EVIDENCE OF PATERNITY AND FILIATION
A. Medical Evidences :

1. Parental Likeness

Heredity transmits traits and characteristics from

parents to the offspring. There must be some gross
manifestation of the children which may be in
common with the father.
The following points maybe considered by the
examining physician to determine physically whether
paternity and filiation exist between persons in
question:
a.General feature e.Gait, speech,and movement
b.Manner & gesture f. Color & texture of the hair
c. Personal peculiarities g. color of the eyes
d.Personal deformities h.General built and size
2. Blood Grouping Test:
The fact that the bloodtype of the child is a possible product
of the parents, does no conclusively show that the child is
born by such parents. But, If the bloodtype of the child is
not the possible bloodtype when the blood of the parents
are crossmatched it shows definitely that the child is not
that of the husband, A positive result is not conclusive, but
a negative is conclusive.
3. Evidence from the mother
a. Proofs of previous delivery- The supposed mother maybe
subjected to an examination to determine the presence of
signs of previous child birth and which are compatible with
the age of the child.
b. Proofs of physical potency and fertility
-Although it is difficult to determine the physical potency in
woman inasmuch as a woman is a passive subject to the
sexual act, the woman may be manifesting some acquired
or congenital effect wherein impotency maybe imferred
atresia of the vaginal canal imperforate hymen etc. may be
present
c. Proof of capacity to have a access with the husband:
A general physical examination of the woman is necessary
to determine whether she is physically capable of having
sexual intercourse with her husband.
4. Evidences from the father
a. Proof of physical potency and fertility:
Medical examination must be done whether the husband
is capable of erection.
b. Proof of access:
The physician must determine the health and vigor of the
father, the presence of desease, which may bring about his
incapacity to perform sexual intercourse.
B. Non-Medical Evidence:
1. Record of birth in the civil registrar, or by an authentic
document for a final judgement(Art.265, Civil Code )
2. Continous possesion of the status of the legitimate child
(Art. 266, Civil Code)
3.Any other evidence allowed by the rules The court and
special laws (Art. 267, Civil code )
THANK YOU !