CIVIL LAW > III. FAMILY CODE > A. Marriage > 8. Paternity and Filiation > a. Concepts of Paternity, Filiation, and Legitimacy

I. Overview of Paternity and Filiation in the Family Code of the Philippines

Under the Family Code of the Philippines, paternity and filiation are essential concepts that determine the legal relationship between parents and children, influencing the rights and obligations each has toward the other. Paternity refers to the legal acknowledgment or recognition of a man as the father of a child, while filiation refers to the recognized legal status of a child with respect to their parentage. Paternity and filiation establish the child's rights concerning inheritance, support, and other familial relations, which are particularly significant in the context of marriage, legitimacy, and inheritance laws.

II. Types of Filiation

The Family Code recognizes two main types of filiation:

Legitimate Filiation: This occurs when a child is born or conceived within a valid marriage.
Illegitimate Filiation: This applies to children conceived or born outside a valid marriage.

These classifications are significant because they dictate the nature of rights and obligations, especially regarding inheritance and support.

III. Legitimate Children

A child born or conceived within a valid marriage is presumed legitimate. The presumption of legitimacy is based on Article 164 of the Family Code, which asserts that children conceived or born during a valid marriage are legitimate. This presumption is crucial to protect the rights and dignity of children and is only rebuttable under specific, well-defined circumstances.

A. Presumption of Legitimacy

The Family Code upholds a strong presumption of legitimacy for children born within a valid marriage. According to Article 164:

All children conceived or born within a valid marriage are considered legitimate.
This presumption extends to children conceived during a voidable marriage before its annulment.
For the presumption to apply, a valid or voidable marriage must exist between the parents.

B. Proof to Overcome the Presumption

While the presumption of legitimacy is strong, it is rebuttable. A husband may impugn the legitimacy of the child if:

There is clear and convincing evidence of non-access or physical impossibility of access to his wife during the period of conception.
The law allows for the filing of an action to impugn legitimacy by the husband within a specific period under Article 170 of the Family Code.

C. Grounds to Impugn Legitimacy

To challenge the presumption, the Family Code enumerates grounds such as:

Physical impossibility of access: Due to being abroad, imprisonment, or serious illness.
Scientific evidence: Such as DNA testing, may provide evidence to challenge or confirm the legitimacy status.

IV. Illegitimate Children

Illegitimate children are those born outside a valid marriage. Under the Family Code, they are still entitled to rights regarding support, recognition, and inheritance, albeit to a lesser extent than legitimate children.

A. Rights of Illegitimate Children

Right to Use the Surname of the Father: Illegitimate children may use the surname of their father if the father expressly recognizes the child under RA 9255.
Right to Support: Both parents are responsible for supporting their illegitimate children, with support generally being determined based on the financial capacity of the parents.
Right to Inheritance: While illegitimate children have inheritance rights, these are limited compared to legitimate children. They are entitled to receive a portion of the estate, usually half the share of a legitimate child.

B. Means of Establishing Illegitimate Filiation

Under Article 175, illegitimate filiation may be established through:

Voluntary Recognition: The father or mother may voluntarily recognize the child through public records, an admission in a public document, or a signed private handwritten instrument.
Judicial Action: If the father denies paternity, the child or mother may file a paternity suit to establish the child’s status as an illegitimate child of the father.

V. Rights and Obligations Arising from Filiation

The establishment of paternity and filiation creates enforceable legal obligations and rights, mainly revolving around support, custody, parental authority, and inheritance.

A. Parental Authority and Support

Both legitimate and illegitimate children are entitled to support from their parents under Article 195 of the Family Code. However, the extent and enforceability of this obligation may vary based on legitimacy.

B. Inheritance Rights

Legitimate Children: They are entitled to a legitime, a compulsory inheritance portion, from the estates of their parents.
Illegitimate Children: They are also entitled to inherit from their parents but only receive half of the share that legitimate children receive.

VI. Action to Claim Legitimacy or Illegitimacy

Children may file for judicial acknowledgment of their filiation in order to secure the legal benefits associated with either legitimate or illegitimate status.

A. Action to Claim Legitimacy

Under Article 172 of the Family Code, an action to claim legitimacy must generally be filed during the lifetime of the child. The child may present evidence such as:

The record of birth appearing in the civil register or a final judgment.
An admission of filiation in a public or private document signed by the parent concerned.

B. Action to Claim Illegitimacy

For illegitimate children, Article 173 allows an action to claim illegitimacy through similar forms of evidence, such as civil records or voluntary acknowledgment.

VII. Conclusive Presumptions and Other Important Principles

The presumption of legitimacy and the rules governing filiation are designed to protect children and families from disputes that could undermine social and familial stability. Conclusive presumptions help reinforce these protections.

Estoppel in Filiation: Once a person is legally recognized as a parent, they may be estopped from denying paternity or filiation if they previously accepted or held themselves out as the parent.
Principle of Best Interest of the Child: The Family Code maintains that in any disputes concerning paternity, filiation, and legitimacy, the best interest of the child is a primary consideration.

VIII. Conclusion

Paternity, filiation, and legitimacy in the Family Code of the Philippines are carefully crafted to balance the rights and obligations of parents and children within both the contexts of marriage and extramarital relationships. The legal presumptions, rights, and limitations reflect the values and principles of family law, prioritizing the protection of children’s welfare and the stability of familial relationships. Through these provisions, the Family Code ensures that children, regardless of their filiation, are afforded their rights to support, inheritance, and parental recognition while preserving the sanctity and responsibilities associated with marriage.