Article 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five (5) years from the time their cause of action accrues
Article 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five (5) years from the time their cause of action accrues. (275a)
This is done by those prejudiced in their rights within 5 years from the time their cause of action accrues.
The term 'rights' generally refers to successional rights.
The persons who can be prejudiced in their rights by the process of conferring someone all rights of a legitimate child are the legal heirs of the parents.
The cause of action to impugn the legitimation accrues only upon the death of the parents of the legitimated child because it is only at that time when the successional rights to the legitime will be vested.
Even an adopted child can be a prejudiced heir not only of his/her adopter but also of his/her parents in case a child of the said parents is legitimated.
Again, why would the legitimate children be considered as the 'prejudiced' in their rights?
As an illegitimate child is elevated to the status of a legitimate and shall participate in the successional rights of the parents - in equal footing with the original legitimates. The legitimates are prejudiced because of their successional rights, to elevate an illegitimate to the status of a legitimate child would cause a reduction of their successional rights. This is the prejudice referred to by this provision.
References:
Civil Code of the Phils. Annotated 16th Edition by Edgardo Paras
Family Code of the Phils. 2017th Edition by Ed Vincent S. Albano
Persons and family Law notes by A. Sta. Maria
This is done by those prejudiced in their rights within 5 years from the time their cause of action accrues.
The term 'rights' generally refers to successional rights.
The persons who can be prejudiced in their rights by the process of conferring someone all rights of a legitimate child are the legal heirs of the parents.
The cause of action to impugn the legitimation accrues only upon the death of the parents of the legitimated child because it is only at that time when the successional rights to the legitime will be vested.
Even an adopted child can be a prejudiced heir not only of his/her adopter but also of his/her parents in case a child of the said parents is legitimated.
Again, why would the legitimate children be considered as the 'prejudiced' in their rights?
As an illegitimate child is elevated to the status of a legitimate and shall participate in the successional rights of the parents - in equal footing with the original legitimates. The legitimates are prejudiced because of their successional rights, to elevate an illegitimate to the status of a legitimate child would cause a reduction of their successional rights. This is the prejudice referred to by this provision.
References:
Civil Code of the Phils. Annotated 16th Edition by Edgardo Paras
Family Code of the Phils. 2017th Edition by Ed Vincent S. Albano
Persons and family Law notes by A. Sta. Maria
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