Rights of Legitimate Children

Rights of Legitimate Children | Legitimate Children | Paternity and Filiation | Marriage | FAMILY CODE

Under Philippine law, the rights of legitimate children are enshrined in the Family Code of the Philippines. These rights encompass inheritance, care, custody, support, and the legal protections necessary to secure their well-being. Below is a detailed examination of each component related to the rights of legitimate children under the framework of paternity and filiation:

1. Definition of Legitimate Children

  • Legitimate children are those born or conceived during a valid marriage between parents. Article 164 of the Family Code states that children conceived or born during the marriage are presumed legitimate, giving them specific rights under the law.
  • Children born within 300 days following the termination of marriage (e.g., by death, annulment, or legal separation) are also considered legitimate.

2. Right to Use the Surname of the Father

  • Legitimate children have the right to use the surname of their father as stated in Article 364 of the Civil Code of the Philippines.
  • This right underscores the child’s identity and affiliation with the family and is automatically granted at birth.

3. Right to Parental Authority and Custody

  • Parental authority over legitimate children is jointly exercised by both parents, as stated in Article 211 of the Family Code. This includes decisions related to the child’s education, upbringing, and overall well-being.
  • If parents separate, the custody of children under seven years old is typically awarded to the mother unless there are compelling reasons otherwise (Article 213).
  • The authority covers the right to discipline the child reasonably and appropriately.

4. Right to Support

  • Legitimate children are entitled to financial support from both parents, a duty enshrined in Article 195 of the Family Code.
  • Support includes provisions for sustenance, education, medical care, clothing, and other basic needs appropriate to the family’s financial circumstances.
  • Support is obligatory, and failure to provide it may result in legal consequences, including court action to enforce support obligations.

5. Right to Inheritance

  • Legitimate children are compulsory heirs under Philippine law, specifically under the Civil Code (Articles 887 and 888).
  • They are entitled to a portion of the estate of the deceased parents, which is legally known as "legitime."
  • If both parents are deceased, legitimate children inherit the entire estate in equal shares if there are no other compulsory heirs. In cases with other heirs (e.g., surviving spouse, illegitimate children), legitimate children still have a rightful share in the inheritance.
  • Article 904 outlines that the parents cannot freely dispose of the part of their estate constituting the legitime of their legitimate children; any act violating this rule can be challenged.

6. Right to Demand Acknowledgment of Legitimacy

  • Legitimate children have the right to demand recognition of their status. Under Article 172 of the Family Code, filiation can be established by the following:
    • The record of birth, appearing in a civil registry or baptismal records.
    • An admission in a public or private document that has been acknowledged before a notary public.
    • The open and continuous possession of the status of a legitimate child.
    • Any other means allowed by the Rules of Court and special laws.
  • Legal actions to establish or contest legitimacy must follow strict guidelines under the Family Code and Rules of Court, considering that legitimate status impacts inheritance and other personal rights.

7. Right to Equal Treatment

  • Article 3 of the Family Code and Article II, Section 12 of the Philippine Constitution emphasize that all legitimate children must be treated equally, with no discrimination among siblings. This ensures that each legitimate child receives the same protection and opportunities, particularly in inheritance and family support matters.
  • No preference should be shown to any child based on age, gender, or any other criteria that could lead to unequal treatment in the provision of parental support and affection.

8. Protection of Personal Rights

  • Legitimate children are entitled to the same rights afforded to all citizens under Philippine law. This includes rights to dignity, education, and development, as mandated by Article 3 and Article 216 of the Family Code, which instructs parents to give their children the moral, intellectual, and social guidance necessary for their growth.
  • Legitimate children also have rights under the Juvenile Justice and Welfare Act, ensuring that their well-being and protection are prioritized, especially in situations involving legal issues.

9. Right to Receive Care and Nurturing in Case of Separation of Parents

  • Article 213 of the Family Code provides guidelines regarding custody in cases where parents separate. It prioritizes the welfare of children under seven years of age, generally awarding custody to the mother unless there are compelling reasons to rule otherwise.
  • Custody considerations for older children focus on what arrangement best serves the child’s interests, with the court taking into account factors such as emotional attachment, stability, and care.

10. Right to Seek Redress for Any Violation of Rights

  • Legitimate children or their guardians can seek legal recourse if any of the aforementioned rights are violated.
  • Courts can enforce child support obligations, address any breaches in inheritance rights, and resolve custody disputes.

11. Legal Presumptions and Protection of Legitimacy

  • There is a presumption of legitimacy for children born within a valid marriage, as stated in Articles 164 and 167 of the Family Code. This means the law presumes that any child born within 300 days following the marriage is legitimate unless proven otherwise.
  • This presumption protects children from unnecessary and potentially damaging challenges to their legitimacy, preserving their status and protecting their rights to inheritance and support.

Key Points of Reference in Philippine Law:

  • Family Code of the Philippines (Executive Order No. 209)
  • Civil Code of the Philippines
  • Philippine Constitution (1987)

Legitimate children in the Philippines have their rights firmly protected by the Family Code, supported by constitutional provisions to ensure that these children receive fair treatment, adequate support, and recognition in matters affecting their identity, welfare, and inheritance.