Illegitimate Children &

Legitimated Children
GROUP 3
JASLYN AMACIO
BRAYN NEIL TOLENTINO
VINCE MARVIN CUSTODIO
JERENA NACAR
CHAPTER 3 – ILLEGITIMATE CHILDREN

 Article 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)
 Children born or conceived
outside a valid marriage or inside a
void marriage , except those
ILLEGITIMATE provided for in Article 54 of the
Family Code.
CHILDREN  Children conceived or born before the judgment of
annulment or absolute nullity of the 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.
PROOFS
 The same proofs as provided for in
Article 172 for legitimate children
may be used by illegitimate children
in proving their filiation
 Record of birth appearing in the civil registrar
or a final judgment; or
 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 filiation shall be
proved by:
 The open and continuous possession of the
status of a legitimate child; or
 Any other means allowed by the Rules of Court
and special laws.
 If the proofs to be used by the illegitimate
child are those under the first paragraph
of Article 172, he or she has his or her
whole lifetime to bring the action to claim
his or her illegitimate status.
PRESCRIPTIVE
PERIOD If the proofs used are those mentioned in
the second paragraph of Article 172, the
illegitimate child may only bring the
action during the lifetime of the alleged
parent.
 CHAPTER 3 – ILLEGITIMATE CHILDREN

 Article 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. However, illegitimate children may use the
surname of their father if their filiation has been expressly recognized by
the father through the record of birth appearing in the civil register, or
when a admission in a public document or private handwritten
instrument is made by the father. Provided, the father has the right to
institute an action before the regular courts to prove non-filiation
during his lifetime. The legitime of each illegitimate child shall consist of
one-half of the legitime of a legitimate child. (As amended by
Republic Act No. 9255)
  Bear the surname of the mother. Even if
paternity is certain, mother surname will be
RIGHTS OF used. However, if the father admits their
filiation through the record of birth appearing
at the civil register, or when an admission in a
AN public instrument or private handwritten
instrument was made by him, the surname of
ILLEGITIMATE the father may be used.
 Be under the parental authority of the mother
CHILD and be entitled to support from her. Even if
paternity is certain, if father is not living with
the mother and child, he cannot have
parental authority. However, if the father
acknowledges the child and cohabits,
parental authority shall be exercised both by
the father and the mother. Parental authority,
if vested, cannot be waived unless there is a
violation of legal grounds provided for
termination of parental authority.
  Legitimewill be ½ of the legitime of a
legitimate child.
RIGHTS OF  Can get support only up to grandparents
AN and his or her grandchildren, and no right
of representation. Further, an illegitimate
ILLEGITIMATE child has no right to inherit ab intestato
CHILD from the legitimate children and relatives
of his father or mother.
 Illegitimate child has his or her lifetime to
file an action to claim illegitimacy if
he/she has proof under Article 172. Such
right is not transmissible to his heirs.
 CHAPTER 4 – LEGITIMATED CHILDREN

 Article 177

 Children conceived and 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, or were so
disqualified only because either or both of them were below
eighteen (18) years of age, may be legitimated. (As amended
by RA No. 9858)
 CHAPTER 4 – LEGITIMATED CHILDREN

 Article 178
 Legitimation shall take place by a subsequent valid marriage
between parents. The annulment of a voidable marriage shall not affect
the legitimation. (270a)
 Article 179
 Legitimated children shall enjoy the same rights as legitimate
children. (272a)
 Article 180
 The effects of legitimation shall retroact to the time of the child’s
birth. (237a)
REQUIREMENTS IN
LEGITIMATION PROCESS
1. The parents do not suffer any legal
impediment or are disqualified to marry
at the time the child was conceived.
2. The child has been conceived and born
outside of a valid marriage.
3. The parents subsequently enter into a
valid marriage. The fact that it is a
voidable marriage will not affect the
legitimation, but if it is a void marriage,
then , illegitimate.

*If there is a legal impediment at the time of conception, the

remedy is adoption.
**Adulterous children cannot be legitimated.
 Legitimated children shall enjoy the
same rights as legitimate children
and such effects shall retroact to the
child’s birth.
EFFECTS OF
Legitimation puts a legitimated child
LEGITIMATION completely and fully in equal footing
with children born in lawful wedlock.
No need for the acknowledgment
of the father.
Legitimation will not affect property
rights already vested.
 CHAPTER 4 – LEGITIMATED CHILDREN

 Article 181

 The legitimation of children who died before the

celebration of the marriage shall benefit their
descendants. (274a)

 *In effect, gives the children what they should have enjoyed during the
lifetime of their father or mother.
 CHAPTER 4 – LEGITIMATED CHILDREN

 Article 182

 Legitimation may be impugned only by those who

are prejudiced in their rights, within five (5) years from
the time their cause of action accrues. (275a)
 Only by those who are prejudiced in their rights within 5 years
from the time their cause of action accrues.

Contemplates inheritance or successional rights, creditors

(commercial or property rights) are excluded unless it can be
PRESCRIPTIVE shown that the legitimation affected their rights and they are
really prejudiced.

PERIOD Right of action to impugn the legitimation accrues only upon

death of parents when the successional rights and legitimes
will vest.

Even an adopted child can be prejudiced with regards to

adopter parents or even natural persons.