Who are Illegitimate Children | Illegitimate Children | Paternity and Filiation | Marriage | FAMILY CODE

In Philippine law, the rules governing the status of illegitimate children are outlined primarily in the Family Code of the Philippines and Civil Code provisions that relate to family relations. This includes classifications of who are considered illegitimate children, their rights, and their legal standing in terms of family relations, particularly in the areas of paternity and filiation. Here’s a detailed exposition on this topic.

I. Definition of Illegitimate Children

Under Article 165 of the Family Code of the Philippines, illegitimate children are defined as those who are conceived and born outside a valid marriage. This encompasses children born of the following unions:

1. Non-Marital Relationships – Children born of parents who never married.
2. Bigamous or Adulterous Marriages – Children born from unions where one or both parents were already legally married to someone else at the time of conception.
3. Void Marriages – Children conceived or born of marriages that are void from the beginning, such as those involving psychological incapacity, incestuous marriages, or marriages solemnized without a license.
4. Common-Law Marriages – Children born from couples who are cohabitating without the benefit of a legally binding marriage.

II. Presumptions of Illegitimacy

The Family Code establishes certain presumptions and rules regarding legitimacy and illegitimacy:

• Article 167 states that the child shall be presumed to be legitimate unless there is evidence to the contrary, but in cases where the child’s parents are not legally married, the child is presumptively illegitimate.
• If the marriage is annulled, children conceived before the finality of the annulment are deemed legitimate, whereas those conceived or born after the annulment are considered illegitimate.

III. Rights and Obligations of Illegitimate Children

While the Family Code does not discriminate between legitimate and illegitimate children in terms of basic rights to support and inheritance, distinctions still exist:

• Right to Support: Illegitimate children are entitled to receive support from their parents and, in certain cases, from their grandparents. Support is based on Article 195 and Article 196 of the Family Code.
• Right to Inherit: Under Article 887 of the Civil Code, illegitimate children are compulsory heirs but are entitled to only half of the share of a legitimate child. This distinction in inheritance rights is significant in cases of intestate succession.
• Right to Use Surname: According to Republic Act No. 9255, an illegitimate child may use the surname of his or her biological father provided that the father recognizes the child in the manner provided by law.

IV. Modes of Establishing Filiation for Illegitimate Children

Under the Family Code, filiation (the recognition of a child as the offspring of a particular parent) can be established by:

1. Voluntary Recognition: Under Article 175 of the Family Code, a father may voluntarily recognize his illegitimate child through acts such as executing a notarized affidavit or indicating recognition in the child’s birth certificate or other public document.
2. Proof through Evidence: If voluntary recognition does not occur, Article 172 provides that filiation may be established through:
   • Public documents or written proof that expressly acknowledges the child as offspring.
   • Testimonial and other substantial evidence that shows open and continuous possession of the status of an illegitimate child.

V. Paternity and Filiation Proceedings

If paternity is contested or if a father refuses to recognize his illegitimate child, a paternity suit may be filed by the child or the mother in accordance with Article 172 and Article 175. Courts will consider evidence such as written acknowledgments, admission by the putative father, DNA evidence, and other relevant factors to determine the relationship.

VI. Rights and Privileges of Illegitimate Children under the Revised Civil Code and Family Code

Republic Act No. 9255, enacted in 2004, amended Article 176 of the Family Code, allowing illegitimate children to bear the surname of their father if the father expressly recognizes the child. In the absence of such recognition, the illegitimate child generally bears the mother’s surname.

VII. Custody and Parental Authority

Under Article 176, the mother of an illegitimate child has sole parental authority, except if the court grants parental authority to the father or if the parents agree otherwise. The mother’s parental authority includes the right to care, support, and make legal decisions on behalf of the child.

VIII. Implications of Illegitimacy in Philippine Law

1. Inheritance Rights: Although the rights of illegitimate children to inherit have been protected, there are distinctions in the amount they can inherit compared to legitimate children.
2. Survivorship Rights in the Absence of Other Heirs: In some cases, the illegitimate child may be able to inherit the full estate if there are no other compulsory heirs.

IX. Case Law and Jurisprudence

The Philippine Supreme Court has continually upheld the constitutional principle of equal protection, affirming in several decisions that the rights of illegitimate children to support, inheritance, and parental recognition should be upheld as essential rights.

Notable Cases:

• Briones v. Miguel, G.R. No. 156343 (2007): The Supreme Court upheld the right of illegitimate children to use their father’s surname, reiterating the guidelines under RA 9255.
• Estate of Uy v. Perez, G.R. No. 129406 (1999): The Court reaffirmed the right of illegitimate children to inherit from their deceased parents, though at half the share of legitimate children.

X. Recent Legislative Developments

Lawmakers have proposed bills aimed at increasing the inheritance rights of illegitimate children to be on par with those of legitimate children. These proposals reflect evolving views on the rights of children, regardless of the marital status of their parents.

XI. Conclusion

In Philippine family law, illegitimate children are afforded specific rights that protect their status and welfare. These include rights to support, inheritance, recognition, and custody primarily through the mother. The distinction between legitimate and illegitimate children remains, especially in inheritance matters, though recent trends indicate a gradual shift toward equity for all children, irrespective of their parents’ marital status.