Legit or Illegit Children

Question 1

Requisites for children by artificial insemination to be considered legitimate (4)

Answer 1

1. Must be made on the wife
2. Either the sperm of husband or 3rd party donor may be used
3. Authorized or ratified by BOTH spouses on a WRITTEN instrument executed and SIGNED by them BEFORE the birth of the child; and
4. The written instrument is RECORDED in civil registry together with the birth certificate of the child

Question 2

Proofs of filiation under Art, 172

Answer 2

Primary evidence: Art. 172 Par. 1
1. Record of birth appearing in the civil register or a final judgment
2. Admission of legitimate or illegitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned

Secondary evidence: Art. 172, Par. 2
1. Open and continuous possession of the status of a legitimate (or illegitimate) child
2. Any other means allowed by the Rules of COurt
3. Due recognition of an illegitimate child in a record of birth, a will, a statement before a court of record, in any authentic writing

Question 3

Rules in filing an action to establish filiation

Answer 3

General rule: Only the child can bring an action to claim legitimacy/illegitimacy
Exception: The right may be transmitted to the heirs of the child in the following cases:
1. Death during minority
2. Insanity
3. When the action has already been instituted by the child

Question 4

Rule on timing of filing an action to establish filiation by an illegitimate child

Answer 4

For primary evidence, during the child’s lifetime
For secondary evidence, during the lifetime of the alleged parent

Question 5

Grounds to impugn the legitimacy of the child under Art. 166 (3)

Answer 5

1. 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) physical incapacity (b) fact that husband and wife were living separately in such a way that sex was not possible or (c) Serious illness of the husband which absolutely prevented intercourse
2. If it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in artificial insemination
3. In case of artificial insemination, the written authorization or ratification of either parent was obtained through MVIUF (Mistake, Violence, Intimidation, Undue Influence, or Fraud)

Question 6

Who may impugn the legitimacy of the child?

Answer 6

Only the husband
Exceptions under Art. 171, Heirs may impugn in the below cases:
1. Husband dies before expiration of period for filing
2. Husband dies after filing without desisting
3. Child was born after death of husband

Question 7

Periods for filing action to impugn legitimacy by husband

Answer 7

Within 1 year if same city or municipality where child was born
2 years if not same city or municipaly but still within Philippines
3 years if husband was abroad or vice versa

Question 8

Presumption on status of a child in case of successive valid marriages under Art. 168 (3)

Answer 8

1. Born before 180 days after 2nd marriage but still within 300 days from termination of 1st marriage = First Marriage
2. Same as above but AFTER 180 days = 2nd Marriage
3. If after 300 days following termination of 1st marrage = No presumption

Question 9

Requisites for legitimation (3) Art. 177-178

Answer 9

1. Child was conceived and born out of wedlock
2. Parents, at the time of the child’s conception were not disqualified by any impediment to marry but if so disqualified only because either or both were below 18
3. Valid marriage subsequent to the child’s birth

Question 10

Effects of legitimation (3)

Answer 10

1. Confers on the child the rights of legitimate children
2. Retroacts to the time of child’s birth
3. Descendants shall benefit in case child died before celebration of the marriage