CONCEPCION VS CA

FACTS:

Gerardo Concepcion and Ma. Theresa Almonte were married in December 1989, and begotten
a child named Jose Gerardo in 1990. The husband filed in 1991 a petition to have his marriage
annulled on the ground of bigamy since the wife married a certain Mario Gopiao sometime in
December 1980, whom according to the husband was still alive and living in Loyola Heights, QC.
Trial court ruled that the son was an illegitimate child and the custody was awarded to the wife
while Gerardo was granted visitation rights. Theresa wanted to have the surname of the son
changed from Concepcion to Almonte, her maiden name, since an illegitimate child should
use his mothers surname. After the requested oral argument, trial court reversed its ruling and
held the son to be not the son of Gerardo but of Mario. Hence, the child was a legitimate child
of Theresa and Mario.

ISSUE:

WON child is the legitimate child of Ma. Theresa and Gopiao or the illegimate child of Ma.
Theresa and Gerardo

HELD:

The child, Jose Gerardo, is the legitimate child of Ma. Theresa and Mario Gopiao.

The status and filiation of a child cannot be compromised as per Art. 164 of the Family Code
which states, A child who is conceived or born during the marriage of his parents is
legitimate. It is fully supported by Art. 167 of the Family Code which states, The child shall be
considered legitimate although the mother may have declared against its legitimacy or may
have been sentenced as an adulteress.. The law requires that every reasonable presumption
be made in favor of the legitimacy. It is grounded on the policy to protect the innocent
offspring from the odium of illegitimacy.Only Ma. Theresas husband Mario or, in a proper case,
Mario's heirs, who can contest the legitimacy of the child Jose Gerardo born to his wife. Since
the marriage of Gerardo and Ma. Theresa was void from the very beginning, he never became
her husband and thus never acquired any right to impugn the legitimacy of her child.