Legitimate Children | Paternity and Filiation | Marriage | FAMILY CODE

Legitimate Children in Philippine Civil Law

Under Philippine law, the concept of legitimate children, their rights, and associated legal doctrines are primarily governed by the Family Code of the Philippines, specifically within the provisions on marriage and family relations. Below is a meticulous exploration of what constitutes legitimate children, their legal presumptions, rights, and related matters under Philippine Civil Law.

1. Definition of Legitimate Children

Article 164 of the Family Code of the Philippines provides that children conceived or born during a valid marriage are considered legitimate. This definition affirms the presumption that a child born to married parents is legitimate.

2. Presumptions of Legitimacy

The Family Code establishes specific presumptions to clarify and solidify the legitimacy of children:

• Conception or Birth During Marriage: Under Article 164, a child is presumed legitimate if conceived or born while the parents are married.

• Within 300 Days After Marriage Termination: Per Article 168, a child conceived within 300 days after the termination of the marriage (due to death, annulment, or declaration of nullity) is still presumed legitimate, barring a successful impugnation.

3. Rights of Legitimate Children

Legitimate children enjoy rights stipulated under Articles 174 and 176 of the Family Code and other related legal provisions:

1. Use of the Family Name: Legitimate children are entitled to bear the surname of both parents as provided under the Civil Code and subsequent rules.

2. Support and Custody: Legitimate children have the right to receive financial and moral support from their parents as stated under Article 194 of the Family Code. Custody rights are also part of this support obligation.

3. Right to Inheritance: Legitimate children are compulsory heirs under Article 887 of the Civil Code, meaning they are legally entitled to a portion of their parents' estate. This right is inviolable and remains even in cases where the parent wishes to disinherit without a legally sufficient ground.

4. Parental Authority and Control: Legitimate children are under the authority and guidance of their parents until they reach the age of majority (18 years) unless circumstances warrant otherwise.

4. Establishing Legitimacy

To establish a child’s legitimacy, certain documentary evidence can be used, including but not limited to:

• Birth Certificate: A child’s birth certificate, if issued within the confines of marriage, serves as presumptive evidence of legitimacy.

• Proof of Marriage and Birth Timing: The timing of the child’s birth in relation to the marriage date often establishes legitimacy. If a child was born after the parents’ marriage or within 300 days of the marriage’s dissolution, they are presumed legitimate unless proven otherwise.

5. Impugning Legitimacy

While the presumption of legitimacy is strong under Philippine law, there are legal avenues for contesting or impugning legitimacy:

• Grounds for Impugning: Under Article 166 of the Family Code, a husband may contest a child’s legitimacy if he can prove that it was physically impossible for him to have had sexual relations with his wife during the time of conception due to:

  • Absence

  • Serious physical illness

  • Other legitimate reasons

  • Additionally, Article 167 allows legitimacy to be impugned based on biological evidence or proof of non-paternity. DNA testing, while not explicitly provided for in the Family Code, has been permitted by jurisprudence as a means of establishing or challenging paternity.

• Prescription Periods for Contesting Legitimacy: Article 170 provides that actions to impugn the legitimacy of a child must be brought within one year from knowledge of the birth or knowledge of the child’s registration in the Civil Registry.

6. Legitimation of Children Born Out of Wedlock

Legitimate status can be conferred on children born out of wedlock through legitimation, under Articles 177 to 182 of the Family Code, when the parents subsequently marry, provided both parents were free to marry each other at the time of the child’s conception.

• Conditions for Legitimation: Legitimation only applies if the parents could have legally married at the time of the child’s conception (i.e., there were no legal impediments to their marriage). If they marry later, their offspring are legitimated by operation of law.

7. Relevance of Legitimacy in Family Law

The concept of legitimacy impacts several aspects of Philippine family law, especially in terms of succession rights and entitlements to parental support. Legal distinctions between legitimate, illegitimate, and legitimated children can affect inheritance rights, as well as determine whether children can legally demand support or exercise rights to parental custody.

8. Recent Developments and Jurisprudence

Several Supreme Court rulings have refined and clarified issues surrounding the presumption of legitimacy, the evidentiary standards for impugning legitimacy, and the rights of children once legitimacy is established. Key decisions include:

• DNA Evidence in Paternity Cases: The Supreme Court has ruled that DNA evidence can be used as a basis for proving or disproving paternity.

• Clarifications on Legitimation: Jurisprudence has reiterated the automatic effect of legitimation on inheritance rights and has clarified the requirements for children to be legitimated by subsequent marriage.

Conclusion

Legitimate children, as recognized under the Family Code, enjoy specific rights and protections stemming from the bond of marriage between their parents. These rights, particularly related to inheritance, support, and family name, are legally protected and entail strict processes for establishing or challenging legitimacy. The laws around legitimacy aim to safeguard the rights and welfare of children born within a lawful marital union, ensuring both their social and economic rights are upheld.