In the context of family law, children can be classified as either legitimate or illegitimate, depending on the circumstances of their birth. Legitimacy affects a child’s legal status and rights, and it is essential to understand the distinctions between these two classifications. This blog explores the concepts of legitimate and illegitimate children in the Philippines, their legal implications, and the efforts made to protect the rights and well-being of all children regardless of their status.
What are the two (2) classifications of children?
Children are now classified as either legitimate or illegitimate.
Who are considered legitimate children?
The following are the legitimate children:
- Children conceived or born during the marriage of the parents; and
- Children conceived as a result of artificial insemination of the wife with the:
- Sperm of the husband;
- That of a donor; or
- Both, provided that:
- Both of them authorized or ratified such insemination;
- In a written instrument executed and signed by them before the birth of the child; and
- The instrument shall be recorded in the civil registry together with the birth certificate of the child. [1]
How is proof of filiation of a legitimate/illegitimate child established?
The proof of filiation of a legitimate child can be established through any of the following means:
- The record of birth appearing in the civil register or a final judgment; or
- An admission of a legitimate filiation in a public document and signed by the parent concern.
In the absence of the foregoing evidence, the legitimate 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.[2]
What are the requirements in order to establish paternity as a result of artificial insemination?
- The artificial insemination has been authorized or ratified by the spouses in a written instrument executed and signed by them before the birth of the child; and
- The written instrument is recorded in the civil registry together with the birth certificate of the child. [3]
Who may bring an action to claim legitimacy?
It may be brought by:
- Child – exclusive and personal right of child which may be brought during his lifetime;
- The heirs of the child within a period of 5 years in case:
- Child dies during minority;
- Child dies in a state of insanity; or
- Child dies after action has already been instituted.[4]
Who are illegitimate children?
These are children conceived and born outside a valid marriage, unless otherwise provided in the Family Code. [5]
When can an illegitimate child use the surname of the father?
Illegitimate children can use the surname of their father if:
- Their filiation has been expressly recognized by their father through the record of birth appearing in the civil register; or
- When an admission in a public document or private handwritten instrument is made by the father, provided that the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime.[6]
How is illegitimate filiation established?
It may be established in the same way and on the same evidence as legitimate children. The action must be brought within the same period, 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. [7]
Can a father compel his illegitimate children to use his surname upon his recognition of their filiation?
No. The family code gives the illegitimate children the right to decide if they want to use the surname of their father or not. It is not the father or the mother who is granted by law the right to dictate the surname of their illegitimate children. [8]
What happens when the mother declared against the child’s legitimacy or if she is sentenced as an adulteress?
The child shall still be considered legitimate.[9]
How may legitimation be impugned?
Legitimation may be impugned only by those who are prejudice in their rights within 5 years from the time their cause of action accrues. [10]
What are the grounds in impugning the legitimacy of the child?
- Physical impossibility of the husband to have sexual intercourse with his wife within the first 120 days of the 300 days immediately preceding the child’s birth, due to:
- Physical incapacity of the husband;
- Husband and wife living separately; or
- Serious illness of the husband which absolutely prevented sexual intercourse.
- Biological or scientific proof that the child could not have been that of the husband; and
- Written authorization or ratification of either parent for artificial insemination obtained through mistake, fraud, violence, intimidation or undue influence. [11]
When should the action to impugn the legitimacy of the child be brought?
The action to impugn the legitimacy of a child must be brought:
- Within 1 year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded;
- Within 2 years if the husband or, in his default, all his heirs do not reside at the place of birth or where it was recorded, if they should reside in the Philippines; and
- Within 3 years if they should reside abroad.
If the birth of the child was concealed or unknown to the husband or his heirs, the period shall be counted from such discovery or knowledge or the fact of registration of said birth, whichever is earlier.[12]
How may legitimacy be attacked?
It can be attached only in a direct action. [13]
Who may impugn the legitimacy of the child?
Impugning the legitimacy of the child is a strictly personal right of the husband, or in exceptional cases, his heirs. [14]
When may the heirs impugn the legitimacy of the child?
- If the husband should die before the expiration of the period fixed for bringing his action;
- If he should die after filing of the complaint without having desisted therefrom; or
- If the child was born after the husband’s death[15].
Understanding the distinction between legitimate and illegitimate children is crucial in family law. While legitimacy affects certain legal rights, it is essential to recognize that all children, regardless of their status, are entitled to love, support, and protection. The Philippines’ legal system endeavors to safeguard the rights and well-being of all children, promoting a society where every child can thrive and reach their full potential.
[1] Article 164, the Family Code of the Philippines.
[2] Id., Article 172.
[3] Id., Article 164, par. 2
[4] Id., Article 173
[5] Id., Article 165
[6] Id., Article 176
[7] Id., Article 175
[8] Grande v. Antonio, G.R. No. 206248, February 18, 2014.
[9] Article 167, Family Code.
[10] Id., Article 182
[11] Id., Article 166
[12] Id., Article 170
[13] Liyao Jr. v. Liyao, G.R. No. 138961, March 7, 2022
[14] Id.
[15] Article 171, the Family Code.
