Randy T.

Obo
Juris Doctor I
Persons and Family Relations

RIGHTS OF THE ILLEGITIMATE CHILD

Reflection Paper

To begin with, I think there are really no illegitimate children. There are
only illegitimate fathers and mothers, who beget offsprings outside a valid
marriage. I say this because it is quite unfair to tarnish children who had really no
fault in their conception and birth. However, our laws – principally the Civil Code
and the Family Code – label children conceived and born out of wedlock as
“illegitimate.”

The Civil Code and the Family Code, which both regulate filial
relationships, provide that illegitimate children “shall use the surname of their
mother.” If their filiation has been expressly recognized by the 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, the child can
use the surname of the father.

Simply stated, such express recognition may be found in the original birth
certificate signed by the father, or in a notarized document, or private written
instrument executed by the father. Absent such express acknowledgment, an
illegitimate child can use only the surname of the mother.

Illegitimate child rights, according to the Family Code, “comprises

everything indispensable for sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the financial capacity of the family.”
“Education” can extend beyond the age of majority.

The amount of support “shall be in proportion to the resources or means of

the giver and to the necessities of the recipient.” It may vary proportionately from
time to time according to the reduction or increase of the financial capability of
the obligor and the needs of the obligee.

Therefore, being a parent is a huge responsibility in fulfilling the obligation

to the rights of the children but parental responsibilities can be stressful if you are
a single parent. Child custody and support may be one of the intense issues for
couples who choose to go on separate ways. If fighting for the custody of the
child is burdensome to separated couples, just imagine the ordeal of single
parents.

What exactly are the rights of a child of an unwed mother? As stipulated in

Republic Act No. 9225, children conceived or born outside a valid marriage still
has the right to establish filiation and their rights as to their inheritance and
surname. For the illegitimate children to establish relationship with their biological
parent, they need to have the same evidence as the legitimate children.

In proving filiation of legitimate and illegitimate children the record of birth

is necessary which appears in the civil register or a final judgment and the
legitimate filiation admission in a public document or any private handwritten
instrument, which is signed by the parent concerned.
If the evidence cannot be presented, filiation can be proved by the
continuous and open possession of the status of a legitimate child; or other
means approved by the Rules of Court and special laws.
Laws supporting the right of illegitimate children are also outlined in
Republic Act No. 386:
SECTION 1. Recognition of Natural Children

Article 276. A natural child may be recognized by the father and

mother jointly, or by only one of them.

Article 277. In case the recognition is made by only one of the parents,
it shall be presumed that the child is natural, if the parent recognizing it
had legal capacity to contract marriage at the time of the conception.

Article 278. Recognition shall be made in the record of birth, a will, a

statement before a court of record, or in any authentic writing.

Article 279. A minor who may not contract marriage without parental
consent cannot acknowledge a natural child, unless the parent or
guardian approves the acknowledgment or unless the recognition is
made in a will.

Article 280. When the father or the mother makes the recognition
separately, he or she shall not reveal the name of the person with
whom he or she had the child; neither shall he or she state any
circumstance whereby the other parent may be identified.

Article 281. A child who is of age cannot be recognized without his

consent.

When the recognition of a minor does not take place in a record of

birth or in a will, judicial approval shall be necessary.
A minor can in any case impugn the recognition within four years
following the attainment of his majority.
Article 282. A recognized natural child has the right:

(1) To bear the surname of the parent recognizing him;

(2) To receive support from such parent, in conformity with article 291;

(3) To receive, in a proper case, the hereditary portion which is

determined in this Code.

Article 283. In any of the following cases, the father is obliged to

recognize the child as his natural child:

(1) In cases of rape, abduction or seduction, when the period of the

offense coincides more or less with that of the conception;

(2) When the child is in continuous possession of status of a child of

the alleged father by the direct acts of the latter or of his family;

(3) When the child was conceived during the time when the mother
cohabited with the supposed father;

(4) When the child has in his favor any evidence or proof that the
defendant is his father.

Article 284. The mother is obliged to recognize her natural child:

(1) In any of the cases referred to in the preceding article, as between

the child and the mother;

(2) When the birth and the identity of the child are clearly proved.

Article 285. The action for the recognition of natural children may be
brought only during the lifetime of the presumed parents, except in the
following cases:

(1) If the father or mother died during the minority of the child, in which
case the latter may file the action before the expiration of four years
from the attainment of his majority;

(2) If after the death of the father or of the mother a document should
appear of which nothing had been heard and in which either or both
parents recognize the child.

In this case, the action must be commenced within four years from the
finding of the document.
 Article 286. The recognition made in favor of a child who does not
possess all the conditions stated in article 269, or in which the
requirements of the law have not been fulfilled, may be impugned by
those who are prejudiced by such recognition.

SECTION 2 - Other Illegitimate Children

Article 287. Illegitimate children other than natural in accordance with

article 269 and other than natural children by legal fiction are entitled
to support and such successional rights as are granted in this Code.

Article 288. Minor children mentioned in the preceding article are

under the parental authority of the mother.

Article 289. Investigation of the paternity or maternity of children

mentioned in the two preceding articles is permitted under the
circumstances specified in articles 283 and 284.

So, in the passage of the Family Code, the illegitimate child has
given the equal rights as of the legitimate children as enumerated above.