Coverage: Family Home, Cases, Paternity to
End except Care & Absence
PATERNITY AND FILIATION
Marriage: status of spouses in relation to each
other
Paternity: status of father in relation to child
(maternity for mother)
Filiation: status of child in relation to parents
-Universal truth: maternity is a fact, paternity is
a mystery; whether or not husband is father; no
instance where status of mother is disputed
-Filiation: by nature (legitimate/ illegitimate) or
by adoption
-There are only 2 kinds of children: legitimate
or illegitimate
Legitimate children:
1)children conceived OR born inside a valid
marriage
2)children conceived OR born before judgment
declaring marriage annulled (because voidable
marriage is valid until annulled) or nullity
(based on 36)
3)children conceived or born during a
subsequent marriage which is void under Art
53 for failure to comply with liquidation,
distribution, etc.
4)artificially inseminated child
Illegitimate children:
1)children conceived AND born outside a valid
marriage (no marriage at all, common-law
relationship)
2)children conceived AND born within/during a
void marriage, except conceived or born under
36 & 53
3)children conceived AND/OR born within a
valid marriage to a father other than the
husband
Presumptions:
1)any child conceived OR born during a valid
marriage is presumed legitimate
-conceived and delivered by the wife &
fathered by husband
CASE: Concepcion vs CA (page 604, Sta.
Maria)- Teresa & Herardo bigamously
cohabited while Teresa was legally married to
Mario; they begot a child; Teresa objected to
Herardo claiming visitation rights of the child
-SC: child is a legitimate child of Mario in the
first valid marriage & not in the second void
union; paternity by judicial imposition (?)
-Atty Torregs: Mario is victim; was not even a
party in the case; SC violated his right to due
process
-this CASE illustrates the presumption IN LAW
that a child born during the existence of a valid
marriage, even if actually born during an illicit
relationship by the same mother with another
man, is a legitimate child of the husband in the
valid subsisting marriage
2)child born during an existing valid marriage is
legitimate; but this presumption of legitimacy
springs from the fact of marriage
-if there is proof of marriage, child is presumed
legitimate; there has to be clear and convincing
evidence that a marriage took place for
presumption to arise; otherwise, there can be
no presumption of legitimacy (Angeles vs
Maglaya)
-presumption of legitimacy cannot arise from
another presumption; because there is also
presumption that when two persons represent
themselves as husband & wife, they are
presumed to be married though disputable
-but presumption of legitimacy can only arise
from the fact of marriage, not from anther
presumption
Remedy of husband if he suspects that child is
not his: remedy of impugning (assail/attack)
the legitimacy of the child (Art 166); there is
no question here that the wife is mother and
fathered by husband
-TAKE NOTE: law uses term impugning
legitimacy but this term legitimacy is
different from the term illegitimate children in
relation to legitimate children as two kinds of
natural filiation. In these instances where there
are legitimate/illegitimate children, there is no
question here that the child was delivered by
the wife and fathered by husband in relation to
166
-if legitimacy of child is successfully impugned
under 166, result is child will not be illegitimate
because if paternity is impugned, there is really
no relationship between child and husband;
they are strangers to each other; neither
illegitimate/legitimate
-so dont confuse legitimacy here with
legitimate/illegitimate children; they are used in
different contexts
-but here, child is illegitimate child of mother
but not child at all of father
GROUNDS: Art 166
It was physically impossible for husband to
have sexual intercourse with wife within 1st 120
days of 300 days immediately preceding the
birth of child because of:
1)physical impossibility to have sexual
intercourse cause by: physical incapacity
(inability of husband e.g. inability to get an
erection, impotency); distance between
husband and wife (separated in such a way
that sexual intercourse was not possible);
serious illness that prevents husband from
having sexual intercourse
-TAKE NOTE of period, very specific
2)scientific or biological reason
-e.g. both of you are Filipinos & child is
German (harhar)
3)consent/ratification of husband was vitiated
in case of artificially inseminated child
Principles in impugning legitimacy of child:
1)right to impugn belongs to husband alone
-only husband of the wife can file; exceptions:
-Heirs may file: if husband dies before
expiration of period to file action to impugn;
husband dies after filing action without
husband desisting; child was born after death
of husband (Art 171)
-doesnt include the wife; wife is an heir of
husband but cannot impugn legitimacy of child
CASE: Tison vs CA (page 629, Sta. Maria)-
auntie died & was survived by nieces and
husband of auntie sold property; but nieces
contested this since husband did not obtain
their consent & they were the heirs
-husband impugned the legitimacy of the
nieces; husband claimed that they were not
children of their father who was the brother of
the auntie
-but SC said husband cannot impugn since he
is not husband of the mother of the nieces
2)WIFE cannot impugn legitimacy of child-
consistent with universal truth
CASE: Concepcion vs CA- Teresa argued that
Jose Herardo is child of Herardo, not Mario,
but SC disregarded her argument since she
cannot impugn legitimacy of her own child
even if she declared that child was not child of
her husband, or even if she is declared an
adulteress
-reasons: avoid situations where wife would
claim that child is not of husbands out of spite
3)legitimacy of child cannot be attacked
collaterally- there has to be direct attack;
cannot be raised in other proceedings as
defense
-CASE: Tison vs CA- action was reconveyance
of property but as a defense, defendant
impugned the legitimacy of the nieces; cannot
be done since this amounts to collateral attack
4) This action of impugning legitimacy
prescribes- 1, 2, 3 years (Art 170)
-reckoning point in Art 170 for counting
prescription if concealed: Is it knowledge of
birth or knowledge of its registration or fact of
its registration whether or not husband knew of
such registration?
-Policy is favoring legitimacy of child; the
shorter the prescriptive period, the better for
child
Distinguish 2 situations contemplated under Art
170:
a)husband knew of the time the birth took
place- if at time of delivery the husband was
there, count from knowledge of birth, not
knowledge that child is not his
b)birth was not known to husband because it
was concealed or husband simply did not
know- husband was not around when child was
delivered; prescriptive period is to be counted
from time of the FACT OF REGISTRATION OF
BIRTH, NOT THE KNOWLEDGE of THE FACT
OF REGISTRATION
-it should be FACT, not knowledge because
registration is a constructive notice to the
whole world
-logical interpretation: fact of registration,
whether or not husband knew about it
BASIC PRINCIPLES governing right of
husband to impugn APPLY ONLY when:
-Child is really child of mother/wife: no dispute
that child is child of wife or she was the one
who gave birth; issue is only the paternity of
child
-if issue is whether child was actually delivered
by wife (maternity), these principles do not
apply, and HENCE: 1)action to impugn can be
filed not just by husband but by any interested
party
2)can be attacked collaterally
3)wife is not prohibited from impugning- since
after all, she is not really the mother
4)does not prescribe- in Catotal, now an action
to nullify a document which is void, and an
action to nullify does not prescribe
CASE: Babiera vs Catotal (page 630, Sta.
Maria)- child was delivered by the housemaid
but in the birth certificate, child was made to
appear as child of the employer-spouses when
in truth, child was that of housemaid
-legitimate child filed action in court to declare
that the child is not child at all of her parents
but of the housemaid
-SC said that rule on impugning legitimacy of
child presupposes that child was really child of
the wife; do not apply when issue is whether
child is of both parents
-here, not anymore a case of impugning
legitimacy; this is a case of declaring someone
to be not a child of either or both spouses
-so the rules are (refer to above)
-MANY QUESTIONS will come from here
-if there is an ISSUE as to whether child is
child of husband, there is also ISSUE where
parents deny that he is their child and hence,
child becomes an aggrieved party
-Remedy of child here: an action to compel
alleged parent to recognize him (go to court
and compel)
-Action to claim filiation: be recognized as
legitimate or illegitimate
-present PROOFS of FILIATION (Art 172);
proofs to prove legitimate filiation
1)record of birth in the local civil registrar or
final judgment declaring that child is child of the
parents
-in so far as record of birth is concerned;
admissible only against parent if it is shown
that parent participated in the preparation of
record of birth/birth certificate; only if husband
signed birth certificate
-even if mother wrote your name & you did not
affix signature, husband is safe O.O
2)admission of filiation made in a public
document, like and affidavit, or
-an admission made in a private document:
must be handwritten & signed by parent
concerned
-if public & notarized, enough that it is signed;
unlike private document, must be handwritten
& signed
-first paragraph of 172 are primary proofs of
filiation; while second paragraph: of 172 are
secondary proofs
-go for primary proofs to prove filiation; must
exhaust the primary proofs before one can use
secondary proofs:
1)open and continuous possession of status of
a legitimate child
CASE: Jison vs CA (page 639, Sta. Maria)-
lawyer supported her, spent for education of
child, spent for apartment of child while she
was still student
-these actuations of father in relation to Molina
(child) were considered by court as evidence
that she has been in possession of status as
an illegitimate daughter
-even if parent expressly disclaims, actions
speak louder than words; treatment accorded
to child may be evidence of filiation (secondary
proof)
2)evidence as may be authorized by the rules
of court or special laws
-e.g. testimonies of witnesses, persons familiar
with relationship, relatives of father
-with technology now, most reliable and is an
acceptable proof now: DNA testing
RULES IN ACCEPTING DNA AS EVIDENCE:
1)if result of DNA testing yields positive result &
percentage of paternity is 99.99 % or more:
result is disputable presumption of paternity;
can be overcome by contrary evidence (like
you can establish within 300 days preceding
birth, there as physical impossibility to have
sexual intercourse); without contrary evidence,
there is disputable presumption
2)if result is below 99.9% but positive (there is
likelihood that purported parent is really
parent): only corroborative evidence of
paternity; not in itself sufficient to prove
paternity
3)if result is negative: conclusive evidence of
non-paternity; cannot be overcome by contrary
evidence
-allowable proofs of filiation: same with
legitimate & illegitimate; differ only in
prescriptive periods:
1)action to claim legitimate filiation: under Art
175 & Tayag vs CA, can be filed anytime during
lifetime of child regardless if parents are dead/
alive
-operative fact here is lifetime of child
2)if filiation claimed is illegitimate & proof
consists of secondary evidence- during the
lifetime of purported parent
-MAY the heirs of child file an action? GR: Can
only be filed by child, except (Art 173)
1)death during minority (173)
2)death while insane
-here, death is common denominator because
if alive, he can do it even if insane; may
recover sanity during lucid interval and file it
himself
-only in event of death where heirs can do it
-prescriptive period: 5 years from death
LEGITIMATION
-process whereby an illegitimate child acquires
status of being legitimate
-WHO may be legitimated? Only children born
to parents who at the time of conception
where legally capacitated to marry each other
or were only disqualified due to age (Art 177);
2 instances only
-legitimation takes place with subsequent
marriage of parents
-but procedurally, marriage is not enough- still
have to submit affidavit of legitimation stating
circumstances of birth and marriage to local
civil registrar who will record
-IF child dies before marriage; legitimation still
benefits the heirs; effect of legitimation
retroacts
-status of legitimated child may be assailed by
parties whose successional rights are
prejudiced
-prescriptive period to impugn his status- 5
years from death of either parents; only from
death of parents that successional rights are
prejudiced; these start from moment of death
ADOPTION
Both procedural & substantive
-our concern in substantive aspect (?)
-2 existing laws: Domestic Adoption Law &
Inter-country adoption act
-compare two laws & familiarize the provisions
DISTINCTIONS
1)age of adoptee
-DOM: child should be less than 18
-INT: child is less than 15
2)age of adopter
-DOM: at least 18
-INT: at least 27
3)citizenship requirement of child to be
adopted
-DOM: Filipino or alien
-INT: only a Filipino child can be adopted
4)residency requirement of adopters
-DOM: adopter may either be an alien/Filipino
1)if Filipino, can either be a resident abroad or
in Phil
2)if foreigner, can be permanent resident
abroad but have residence in Phil for 3
continuous years (may be waived under the 3
exceptions; e.g. foreigner wish to adopt
legitimate child of his Filipino spouse; foreigner
is former Filipino citizen who wished to adopt
relative within 4th civil degree)
-INT: permanently residing abroad (either
Filipino or alien)
5)matching process
-DOM: doesnt require matching process or a
pairing procedure where adopter is matched
with prospective child to make sure relationship
will be for best interest of child; adopter can
pre-determine the child
-INT: adopter has to go through matching
process; cant pre-determine child to be
adopted
6)availability of adoption laws
-INT: enacted to supplement domestic;
accommodate cases not under domestic
adoption law
-but likely that adoption may qualify under both;
but INT is a remedy of last resort; only
availed if adoption cant be done under
domestic adoption law
-DOM: as long as adoption can be done here,
one is required to avail this
7)where it is filed
-DOM: petition for adoption is filed in the RTC
designated as a family court by SC in the place
where prospective adopter resides (not of the
child to be adopted)
-INT: considering adopters are permanently
residing abroad, application for adoption is filed
in RTC designated as family court in place
having jurisdiction over the prospective
adoptee
8)process
-DOM: entire process undertaken by the court,
e.g. hearing, trial custody
-INT: several agencies are involved
9)application vs. petition
-DOM: file petition (application not required)
directly with RTC as family court
-INT: file application of adoption with RTC as
family court or in Inter-country adoption Board
-distinguish application from petition
-if filed with RTC under INT: doesnt receive
evidence nor issue decree of adoption; only
part is to scrutinize the application and
supporting documents; determine if all
qualifications are complied with, not the merits
of application
-when RTC determines that adopter qualifies or
has complied with requirements, records are
forwarded to Inter-country board and it
coordinates with child-placement agency
abroad where petition is for adoption is filed
-petition for adoption is filed with competent
court in country where adopter resides; trial
custody takes place there & decree of adoption
is issued by foreign court
-RTC then only has clerical duty under INT
EFFECTS OF ADOPTION
1)severs the child-parent relationship between
child & biological parents
2)no successional rights between biological
parents & child; adopted child cannot inherit
from them through intestate succession & vice
versa; but still possible that biological parents
may share in the estate of the child (& vice
versa) through testate succession (through a
will), not intestate
-intestate succession is now with adopted child
& adopters, since he acquired status of
legitimate child; they are the same EXCEPT
legitimate children are entitled to inherit from
ascendants & have right to representation
(inherit in case parent predeceases the
grandparent; inherits what his parent should
have inherited if he was alive)
-adopted children do not have such right of
representation because the relationship is only
with adopted & adopter; it doesnt go beyond
this; hence adopted cannot inherit from
grandparent if his parent dies first
3)effect of decree of adoption retroacts to time
of filing of the petition
4)parental authority is now exercised by
adoptive parents; obligation to support, take
custody & exercise parental authority are now
exercised by them