Art. 163 - 164. LEGITIMATE CHILDREN
TITLE VI
PATERNITY AND FILIATION
CHAPTER 1. LEGITIMATE CHILDREN
Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate. (n)
Art. 164. Children conceived or born during the marriage of the parents are legitimate.
Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child. (55a, 258a)
While paternity is the civil status relationship of the father [mother] to the child, filiation is the civil status or relationship of the child to the father or mother.
There are two (2) classifications of filiation which is filiation by nature (legitimate or illegitimate) and by adoption.
Also, there are distinctions between legitimate and illegitimate children. As to use of the surname, the legitimate child has the right to bear the surname of the father while the illegitimate ones are required to use the mother's name as provided under Article 176 of the Family Code.
On February 24, 2004, RA No. 9255 entitled "An Act Allowing Illegitimate Children To Use The Surname Of Their Father, Amending for the Purpose Article 176 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines" amended Article 176 of the Family Code.
Under section 1 of RA no. 9255, illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."
While paternity is the civil status relationship of the father [mother] to the child, filiation is the civil status or relationship of the child to the father or mother.
There are two (2) classifications of filiation which is filiation by nature (legitimate or illegitimate) and by adoption.
Also, there are distinctions between legitimate and illegitimate children. As to use of the surname, the legitimate child has the right to bear the surname of the father while the illegitimate ones are required to use the mother's name as provided under Article 176 of the Family Code.
On February 24, 2004, RA No. 9255 entitled "An Act Allowing Illegitimate Children To Use The Surname Of Their Father, Amending for the Purpose Article 176 of Executive Order No. 209, otherwise known as the "Family Code of the Philippines" amended Article 176 of the Family Code.
Under section 1 of RA no. 9255, illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."
Hence, illegitimate children may now bear the surname of their father if their filiation has been expressly recognized by the father through the birth certificate or when an admission in a public document (that which is notarized) or private handwritten instrument is made by the father. Although as for the legitime, each illegitimate child shall consist of one- half (1/2) of the legitime of a legitimate child.
Is the child considered legitimate although the mother may have declared against its legitimacy?
Yes. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (Art. 167, Family Code of the Philippines)
Is the child considered legitimate although the mother may have declared against its legitimacy?
Yes. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (Art. 167, Family Code of the Philippines)
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