167.

The child shall be considered legitimate although the

mother may have declared against its legitimacy or may have
been sentenced as an adulteress
• It makes it possible for the wife to file an action to impugn the legitimacy of the
child.
• Reasons for adoption of this provision:
1. In a fit of anger, or to arouse jealousy in the husband, the wife may have
made this declaration
2. Guaranty in favor of the children whose condition should not be under
the mercy of the passions of their parents
3. At the moment of conception, it cannot be determined when a woman
cohabits during the same period with two men, by whom the child was begotten, it
being possible that it be the husband‘s
• Only the husband and the heirs can invoke the grounds under Article 166 and 167
• The child should had been delivered by a woman who is the child‘s natural
mother
168. If the marriage is terminated and the mother contracted another
marriage within 300 days after such termination, these rules shall govern
in the absence of proof to the contrary:
• A child born before 180 days after the solemnization of the
subsequent marriage is considered to have been conceived during the
former marriage, provided it be born within 300 days after the
termination of the former marriage.
• A child born after 180 days (subsequent marriage) is considered to
have been conceived during such marriage, even though it be born
within 300 days after the termination of the former marriage.
1. Article 168 will apply only in the absence of proof to the contrary
2. The rules do not give any presumption as to legitimacy or illegitimacy but
merely state when the child is considered to have been conceived.
3. The status of the child will depend upon the status of the marriage in which
he or she is considered to have been conceived.
169. The legitimacy or illegitimacy of a child born after 300 days following
the termination of the marriage shall be proved by whoever alleges such
legitimacy or illegitimacy
• In the absent of subsequent marriage, the father could be anybody
• A child born after 300 days from possible conception is not accorded
any presumption either of legitimacy or illegitimacy
170. Prescriptive period for actions to impugn legitimacy of the child if:
1. The husband or any heirs reside in the city or municipality where the
birth took place or was recorded—within 1 year from the knowledge of
the birth or its recording in the civil registrar

2. The husband or any heirs do not reside at the place of birth or where it
was recorded: a. 2 years if they reside in the Philippines
b. 3 years if they reside abroad
3. The birth has been concealed from or was unknown to the husband or
his heirs—the period shall be counted from the discovery or knowledge
of the birth or of tthe fact of registration of such birth, whichever is
earlier.
• After the lapse of the period of prescription, the status of the child becomes
fixed and cannot be questioned anymore
171. Impugning by the heirs of the husband only in the following cases:

• If the husband should die before the expiration of the period fixed for
bringing his action
• If he should die after the filing of the complaint, without having
desisted therefrom
• If the child was born after the death of the husband
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• Legitimacy cannot be collaterally attacked or impugned
• It can only be impugned through a direct suit precisely filed for the
purpose of assailing the legitimacy of the child