Filipinos place great value on family and filial relationships, which is also reflected in Philippine law. Filiation refers to the legal relationship between a child and their parents, whether biological or adoptive. The status of a child as legitimate or illegitimate affects several rights, including succession, support, and parental authority.
The legal framework governing filiation and legitimacy can be found primarily in Articles 163 to 174 of the Family Code of the Philippines, which amended the relevant provisions of the Civil Code. Additional guidance comes from the 1987 Constitution, which mandates the protection of the family and children, and A.M. No. 06-11-5-SC (Rules on DNA Evidence), which provides modern evidentiary rules to establish or disprove filiation.
Legitimate Children
Under Article 164 of the Family Code, children conceived or born during a valid marriage are presumed legitimate. This presumption is strong and conclusive unless successfully impugned through proper judicial action.
Children conceived through assisted reproductive techniques or artificial insemination are also considered legitimate provided there is prior written authorization from both spouses and such is recorded in the child’s birth certificate (Art. 164, par. 2, Family Code).
Illegitimate Children
Pursuant to Article 165, illegitimate children are those conceived and born outside a valid marriage.
Under Article 175, filiation of illegitimate children is established in the same way as legitimate children, through:
- Records of birth appearing in the civil register;
- Final and executory judgment; or
- Public or private handwritten instruments signed by the parent concerned.
If primary evidence is unavailable, filiation may be proved by:
- Open and continuous possession of the status of a child; or
- Any other means allowed by the Rules of Court, including DNA evidence.
Illegitimate children may acquire legitimate status through legitimation if their parents subsequently contract a valid marriage and were not disqualified from marrying each other at the time of conception (Art. 177–182, Family Code).
Presumption of Legitimacy
Article 164 establishes the presumption that a child born during a valid marriage is legitimate.
This presumption extends to:
- Children born within 300 days after the dissolution of the marriage or separation of the spouses;
- Even when the mother admits to adultery or illicit relations, as long as legal presumption has not been overcome in court.
This presumption may be impugned only by the husband or his heirs (Arts. 166–171, Family Code).
Proof of Legitimate Filiation
Under Article 172, legitimate filiation is proven by:
- Primary Evidence
- Civil register (birth certificate)
- Final judgment
- Public or private handwritten instrument of acknowledgment
- Secondary Evidence
- Open and continuous possession of the status of a legitimate child
- Any other means allowed by the Rules of Court, including DNA.
DNA evidence, as clarified in A.M. No. 06-11-5-SC, may be used to prove or disprove paternity or filiation, subject to the totality of evidence rule.
Action to Claim Legitimacy, Legitimation Process
A child may bring an action to claim legitimacy during their lifetime (Art. 173).
If the child dies during minority or while insane, the action may be continued by their heirs within five (5) years from the death.
Legitimation under Articles 177–182 allows an illegitimate child to acquire legitimate status through subsequent valid marriage of the parents.
Challenging Legitimacy
Only the husband can file an action to impugn legitimacy, and in limited cases, his heirs (Art. 170).
The mother or third parties have no legal standing to impugn legitimacy.
Impugning must be done through a direct action in court—not collaterally.
Grounds under Article 166:
- Physical impossibility of sexual intercourse (e.g., impotency, physical absence, serious illness).
- Biological or scientific proof (e.g., DNA results showing non-paternity).
- Defective consent in artificial insemination (e.g., obtained by fraud, violence, or mistake).
Prescriptive period under Article 170:
- One (1) year if the husband is in the same place as the wife at the time of birth.
- Two (2) years if the husband is in another place in the Philippines.
- Three (3) years if the husband is abroad.
These periods are strict and jurisdictional. Just like in the case of Santiago vs Jornacion, it addressed the issue whether the prescriptive period to impugning legitimacy can be extended due to the subsequent discovery of non-paternity via DNA. The husband challenged the legitimacy of Jornnacion who was born during the marriage, and was filed a year after the knowledge of the birth and its registration. The court held that the action to impugn legitimacy is subject to a strict, jurisdictional prescriptive period and that when it lapses, the legitimacy status becomes conclusive and unassailable1.
Legitimacy Effects
1. Succession Rights
- Legitimate children inherit in their own right and are compulsory heirs entitled to a legitime of ½ of the estate, subject to the law on succession.
- Illegitimate children inherit ½ of the legitime of a legitimate child (Art. 895, Civil Code).
- Right of representation is not available to illegitimate descendants.
2. Use of Surname
- Legitimate children automatically use the father’s surname (Art. 174, Family Code).
- Illegitimate children generally use the mother’s surname, but may use the father’s surname if the father expressly recognizes the child (R.A. 9255).
3. Parental Authority
- Legitimate children – parental authority is jointly exercised by both parents.
- Illegitimate children – parental authority is exclusively with the mother, unless the court grants otherwise for compelling reasons (Art. 176, as amended by R.A. 9255).
- Santiago v. Jornacion, G.R. No. 230049. (2021, October 6). Supreme Court of the Philippines. https://lawphil.net/judjuris/juri2021/oct2021/gr_230049_2021.html ↩︎
