LEGITIMATE CHILD ILLEGITIMATE CHILD LEGITIMATED CILD

Child born inside a valid marriage Child born inside a void marriage Child that is:
- Including inside voidable  XPT: void marriage bcs of psych.
marriage incapacity; void subsequent
marriage; void bcs of non-
compliance to rqts. before
remarrying
1. Conceived AND born outside of
wedlock
2. Parents have no legal impediment to
marry each other at the time of the
conception
3. Parents subsequently entered into a
lawful marriage

If subsequent marriage is void

 NO legitimation
 XPT: void bcs of psych. incapacity,
void subsequent marriage, party is a
minor (R.A. 9858)
If subsequent marriage is voidable
 legitimation
Right to bear surname of mother Right to bear the surname of the mother Right to bear surname of mother and
and father  XPT: Child born under Civil Code father
AND under Amendment by R.A.
9255 (Nov. 24, 2004)
- Child may bear the surname of
Surname the father if he is expressly
acknowledged by him thru a
record of birth in civil registry
and admission in a public
document/private handwritten
document
Support/Parental Mother and Father Mother Mother and Father
Authority
Inheritance Parents, ascendants, and siblings Parents Parents, ascendants, and siblings
 Primary and Secondary Proofs
 Record of birth appearing in
civil register or final judgment
 Admission of filiation in a public
document or a private
handwritten document
 Open and continuous
possession of a status of a
legitimate child
 Any means allowed by Rules of
Proof of Filiation Court & special laws
and Action to
CLAIM Prescriptive period: His lifetime
Primary Proofs
 Record of birth appearing in civil
register or final judgment
 Admission of filiation in a public
document or a private handwritten
document
Prescriptive period: His lifetime
Secondary Proof
 Open and continuous possession of a
status of a legitimate child
 Any means allowed by Rules of Court
& special laws
Prescriptive period: Lifetime of putative
parent
 XPT: If child is born during the
effectivity of the Civil Code:
- Even if putative parent is dead,
can still file claim within 4 years
upon reaching age of majority

*action CANNOT be inherited by heirs

*action may be inherited by heirs
By the husband:
1) Physically impossible for husband to have sexual intercourse with the wife
within the first 120 days of the 300 days w/c immediately preceded the
birth of the child
2) Biological or other scientific reasons that the child could not have been
Action to
fathered by the husband (XPT in case of artificial insemination)
IMPUGN
3) In case child is conceived thru artificial insemination, authorization or
ratification of either parent was obtained thru mistake, fraud, violence,
intimidation, or undue influence

Action may be substituted by heirs if:

 a) Husband died before expiration of prescriptive period
b) Husband died after filing the complaint, without having desisted therefrom
c) Child born after the death of the husband

Prescriptive period:
Prescriptive Period
1 year from knowledge of the birth
or its recording in the civil register
2 years from knowledge of the birth
or its recording in the civil register
3 years from knowledge of the birth
or its recording in the civil register
Condition
The impugner resides in the city or
municipality where the birth took
place or was recorded
The impugner resides in the
Philippines other than in the city or
municipality where the birth took
place or was recorded
The impugner resides abroad

If the birth of the child was concealed by the wife (meaning, the husband did
not know that his wife gave birth to a child), the prescriptive period will not
start to run until after the discovery or knowledge of the husband of the birth
of the child, or of the fact of the registration of said birth, whichever is earlier.