Persons & Family Relations
Persons & Family Relations
Persons & Family Relations
Filiation Established
Art164(Legitimatechildren)
childrenconceivedorborninsideavalidmarriage.
Art165(Illegitimatechildren)
childrenconceivedorbornoutsideavalidmarriageor
insideavoidmarriage,unlessotherwiseprovidedbylaw.
Art172(ProofsofLegitimacy)
providesforthedocumentsestablishingthefiliationof
legitimateofIllegitatechildren.
thelegitimateorillegitimatefiliationdoesnotarise
fromthestmtsandadmissionsmadeinthedoxmentioned
inpara1and2butfromthefactthatthechildrenwere
conceivedorborninsideoroutsideavalidmarriageor
insideavoidone.
para1and2maypaleinlegalsignificanceuponaclear
showingthatthechildrenwereillegitimateornot.
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PROBATIVEVALUEOFTHESAID
DOCUMENTShowever,attainsgreat
weightandsignificanceoverall
otherevidencewherethechildren
wereborn300daysfollowingthe
terminationofthemarriageandno
subsequentmarriagehasbeen
enteredinto.
Art169
theillegitimacyorlegitimacyshall
beprovedbywhoeverallegessuch
legitimacyorillegitimacy.
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NOT SUBJECT TO
AGREEMENT
must be judicially
established and it is
for the court to
declare its existence
or absence.
must be resolved
according to the
requirements of the
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law.
Cont
Case: Jose Rivero, et.al. vs. CA,
Mary Jane Dy Chiao-De Guzman
Cont
Case: Jose Rivero, et.al. vs. CA,
Mary Jane Dy Chiao-De Guzman
Cont
Case: Jose Rivero, et.al. vs. CA,
Mary Jane Dy Chiao-De Guzman
The Court held that Mary Janes recognition was ineffectual since
under the law, recognition must be made personally by the
putative parent and not by any brother, sister or relative. A
compromise agreement executed in behalf of another by one who
is not duly authorised to do so by the principal, is void and no
legal effect, and the judgement based on that is null and void,
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Cont
Case: Jose Rivero, et.al. vs. CA,
Mary Jane Dy Chiao-De Guzman
ACCEPTED PROOF OF
FILIATION
The record of birth appearing in the civil
register or a final judgment; or
An admission of legitimate filiation in a
public document or a private handwritten
instruction and signed by the parent
concerned.
In the absence of the foregoing evidence,
the LF shall be proved by :
Open and continuous possession of the
status of a legitimate child; or
Any other means allowed by the Rules of
court and Special laws (265a, 266a, 267a)
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ACCEPTED PROOF OF
FILIATION
The record of birth appearing in the civil register or
a final judgment; or
Birth certificate
formidable piece of evidence prescribed by
both the Civil Code and Art. 172 of the FC
public document (National Statistics Office)
offers prima facie evidence of filiation
a high degree of proof needed to overthrow
the presumption of truth contained in such
public document.
Note: Baptismal Certificate, a private document, is not a
conclusive proof of filiation. SC declared that is is only to prove
the administration of the sacrament on the dates therein
13 the declarations
specified, but not the veracity of
Sample of a NSO
Birth Certificate
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An example of a NSO
(National Statistics
Office) authenticated
ROB (report of
birth) / birth
certificate from the
Philippines on SECPA
(security paper) that
was originally
reported at the
Philippine Consulate
General Los Angeles
in California, United
States of America
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Facts:
Leoncia and Artemio cohabited and lived together as husband
and wife. Leoncia gave birth to a baby girl named Merceditas S.
Ilano. At 5pm, Artemio came and was interviewed by the nurse
who inquire about the bio-date of the child. Leoncia was
unconscious so Artemio supplied the information to the nurse
who told Artemio that the info has to be recorded in the formal
form and has to be signed by Artemio. Nurse did not return.
Held:
SC affirmed the CAs findings that the Birth Certificate in
question was competent evidence of paternity although not
signed by the father, since the latter supplied all data about the
childs birth.
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ACCEPTED PROOF OF
FILIATION
The record of birth appearing in the civil register
or a final judgment; or
Final judgment
juridical decision bearing on the status
of the children as legitimate and hence,
binding and conclusive.
public document.
if however this FJ is based on a
compromise agreement on the status of
a person void
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ACCEPTED PROOF OF
FILIATION
document
in Lim v. CA, the SC ruled that
there was no doubt that the petitioner was
the father of the illegitimate child because
the evidences convincingly show this.
the petitioner (Lim) paid the hospital bills of
the mother who gave birth.
he was the one who caused the REGISTRATION
of the name of the child using his surname in
the birth cert.
he wrote handwritten letters to the mother
and child stating his promise to be a loving
father and caring husband to both of you
when the mother was pregnant, he advised
her in a letter to take a lot of rest especially
in the situation youre in now clearly
referring to the mothers pregnancy relative
to the child.
there were also pictures of the petitioner on
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ACCEPTED
PROOF
OF
Open and continuous possession of legitimate
FILIATION
status.
Open and continuous possession of
legitimate status.
means the enjoyment by the child of the
position and privileges usually attached
to the status of a LC such as
bearing the paternal surname
treatment of the parents and family as
legitimate
constant attendance to the childs
support and education,
giving the child the reputation of being
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a child of his parents.
SC explained in Mendoza v. CA
Continuous does not mean that the
concession of status shall continue
forever but only that it shall not be of an
intermittent character while it continues.
The possession of such status means that
the father has treated the child as his
own, directly and not through others,
spontaneously and without concealment
though without publicity xxx.
There must be a showing of the
permanent intention of the supposed
father to consider the child as his own, by
continuous and clear
manifestation
of
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ACCEPTED PROOF OF
FILIATION
ARTICLE 173
THE ACTION TO CLAIM LEGITIMACY MAY
BE BROUGHT BY THE CHILD DURING HIS OR
HER LIFETIME AND SHALL BE TRANSMITTED
TO THE HEIRS SHOULD THE CHILD DIE
DURING MINORITY OR IN A STATE OF
INSANITY.
IN THESE CASES, THE HEIRS
SHALL HAVE A PERIOD OF FIVE YEARS
WITHIN WHICH TO INSTITUTE THE ACTION.
THE ACTION ALREADY COMMENCED BY
THE
CHILD
SHALL
SURVIVE
NOTWITHSTANDING THE DEATH OF EITHER
OR BOTH OF THE PARTIES. (268A)
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ARTICLE 174
Legitimate children shall have the right:
1. To bear the surnames of the father and
mother, in conformity with the provisions
of the Civil Code on Surnames;
2. To receive support from their parents,
their ascendants, and in proper cases,
their brothers and sisters, in conformity
with the provisions of this Code on
Support; and
3. To be entitled to the legitime and other
successional rights granted to them by
the Civil Code. (264a)
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3 KINDS OF HEIRS
1. VOLUNTARY, those who become as such
only by the express will of the testator in
the latters will and testament (present
only in testamentary succession)
2. LEGAL OR INTESTATE, those who are
called by the law to the succession in the
absence of voluntary heirs designated by
the testator (present only in intestate
succession)
3. COMPULSORY, those who are entitled to
the legitime and cannot be deprived
thereof by the testator unless properly
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disinherited by testator.
RIGHTS OF
LEGITIMATE CHILDREN
1. SURNAME
Surname of Father and Mother
2. SUCCESSION
Those granted in the Civil Code
3. SUPPORT
In accordance to the provisions of
Family Code
Articles 195 and 199 (Priority set by
law)
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