Illegitimate Children | Paternity and Filiation | Marriage | FAMILY CODE

In the context of Philippine law, particularly under the Civil Code and the Family Code of the Philippines, the topic of Illegitimate Children under the chapter of Paternity and Filiation covers the legal standing, rights, and status of children born outside of wedlock. Here is an in-depth examination of the pertinent laws, rights, and regulations concerning illegitimate children, following the Family Code of the Philippines, jurisprudence, and relevant administrative rules.

Definition and Determination of Illegitimate Children

1. Definition: An illegitimate child is one born to parents who are not legally married to each other at the time of the child’s birth or whose marriage is void under Philippine law. Illegitimacy is generally determined at birth, based on the parents' marital status or the validity of their marriage.

2. Recognition of Illegitimate Children:

   • According to Article 175 of the Family Code, illegitimate children can establish their filiation by voluntary recognition by their biological father or through an action in court for the purpose of proving paternity or filiation.
   • Voluntary recognition may be made in the birth certificate, a public document, or a private handwritten instrument signed by the father. Recognition is irrevocable once made, conferring specific rights upon the child.

Rights of Illegitimate Children

1. Right to Support:

   • Under Article 195 of the Family Code, illegitimate children are entitled to receive support from both parents, though generally, the burden of support falls more on the father. Support includes sustenance, education, clothing, and healthcare in line with the financial capacity of the parents.
   • Article 176 provides that illegitimate children are entitled to support in proportion to the financial resources of the family.

2. Right to Inheritance:

   • According to Article 887 of the Civil Code, illegitimate children are considered compulsory heirs. However, their inheritance rights are limited compared to legitimate children.
   • Legitime for Illegitimate Children: An illegitimate child receives half of the legitime of a legitimate child. This rule ensures that illegitimate children have inheritance rights while recognizing their diminished status compared to legitimate children.
   • An illegitimate child can inherit from both biological parents, but the share is limited and based on the law's concept of proportional inheritance.

3. Right to Bear the Surname of the Father:

   • Initially, Article 176 of the Family Code provided that an illegitimate child shall use the surname of the mother. However, Republic Act No. 9255 amended this provision, allowing illegitimate children to bear the surname of the father if the latter acknowledges paternity, giving children the right to carry either surname as per the father’s acknowledgment.
   • This amendment recognizes the identity rights of illegitimate children, allowing them access to their paternal lineage and potentially alleviating social stigma.

Custody and Parental Authority

1. Maternal Custody by Default:

   • Under Article 176 of the Family Code, custody of an illegitimate child generally resides with the mother. This is consistent with the law's stance that the mother has primary authority over an illegitimate child, reflecting the law’s recognition of her as the default parent and custodian.
   • The father has visitation rights but cannot exercise full parental authority or custody without the mother’s consent or a compelling reason, which must be established in court.

2. Parental Authority:

   • The mother primarily exercises parental authority over illegitimate children. However, the father can also have a limited role in decision-making if he has acknowledged the child. This shared parental authority, however, is conditional and limited compared to legitimate families.

3. Limitations on Custody by the Father:

   • For an illegitimate child, the mother’s custody rights are considered paramount, and the father cannot claim custodial rights unless he can demonstrate the mother’s incapacity or unfitness. Courts may intervene to decide custody if the mother is shown to be unable to fulfill her responsibilities.

Legal Processes Involving Illegitimate Children

1. Proof of Paternity:

   • An illegitimate child or the mother may file a case to establish paternity, generally using any of the following types of evidence:
     • Public or private documents where the father recognizes the child.
     • DNA Testing, which is increasingly recognized in Philippine courts, can provide conclusive evidence in cases involving contested paternity.
   • In addition, jurisprudence has evolved to allow for paternity actions under the rule of preponderance of evidence, meaning that the evidence of the father’s paternity only needs to be more convincing than the opposing evidence.

2. Legal Benefits and Social Welfare:

   • Illegitimate children may also be entitled to benefits such as Social Security System (SSS) survivor benefits, PhilHealth coverage, and other statutory benefits, provided that the father has recognized the child or made relevant contributions for their benefit.

Special Provisions and Limitations

1. Distinction from Legitimate Children:

   • Illegitimate children are, by default, subject to certain legal distinctions compared to legitimate children. They cannot claim certain rights reserved exclusively for legitimate children, particularly regarding full inheritance rights and family privileges under the law.
   • However, judicial reforms and social changes aim to reduce the stigmatization of illegitimacy, providing these children with broader access to legal remedies and protections.

2. Bar to Adoption:

   • An illegitimate child who is recognized by the father cannot be adopted by another individual without the father’s consent, as the recognition already establishes a form of legal acknowledgment. This provision safeguards the child’s paternal connection unless compelling grounds for adoption are presented.

Relevant Jurisprudence and Developments

1. Supreme Court Rulings:

   • The Supreme Court of the Philippines has repeatedly affirmed the right of illegitimate children to support, filiation, and inheritance in various cases, ensuring that illegitimate children are not discriminated against solely due to their birth circumstances.
   • Doctrine of Parental Support: Numerous cases have upheld that both parents, regardless of marital status, are required to provide financial and emotional support to their illegitimate offspring.

2. Expanded Rights Through Amendments and Interpretation:

   • Laws like Republic Act No. 9255 reflect a legislative intent to progressively extend rights to illegitimate children, such as the right to bear the father’s surname.
   • The courts have also been moving toward recognizing the constitutional guarantee of equal protection by granting broader rights to illegitimate children where practicable.

In summary, while illegitimate children in the Philippines are afforded numerous protections and rights under the Family Code, certain distinctions from legitimate children remain, especially concerning inheritance and parental authority. Legal frameworks continue to evolve, aiming to address and protect the best interests of illegitimate children, balancing traditional family structures with the realities of modern Philippine society.