Chapter 3

SYSTEM OF ABSOLUTE COMMUNITY

1) When does the Absolute Community of Property between spouses commence?

The absolute community of property shall commence at the precise moment that the
marriage is celebrated. Any stipulation, express or implied, for the commencement of the
community regime at any other time shall be void.(note: art 88 also apply to art 107-
conjugal)

2) Can there be a waiver which constitutes the absolute community of property during
marriage?
No waiver of rights, interests, shares, and effects of the absolute community of property
during the marriage can be made except in case of judicial separation of property
(note: art 8 also apply to art 107- conjugal)
3) What should be done when the waiver takes place upon the judicial separation of property or
after the marriage has been dissolved or annulled?
When the waiver takes place upon the judicial separation of property or after the marriage
has been dissolved or annulled, the waiver shall appear in the public instrument and shall be
recorded in local civil register or proper registries of property. The creditors of the spouse
who made such waiver may petition the court to rescind the waiver to the extent of the
amount sufficient to cover the amounts of their credits.(note: art 89 also apply to art 107-
conjugal)

4) When does the provisions of co-ownership be applied to absolute community of property?

The provisions of co-ownership shall apply to absolute community of property between
spouses in all matters not provided in the system of absolute community in the Family Code
of the Philippines.

5) What constitutes community property?

Unless otherwise provided in the pertinent provisions in the family code, the community
property shall consist of all property owned by spouses at the time of the celebration of the
marriage or acquired thereafter.

6) What shall be excluded from the absolute community property?

These are the properties that are excluded from the community property:
1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits
as well as the income thereof, if any, unless it is expressly provided by the donor, testator or
grantor that they shall form part of the community property,
2) Property for personal and exclusive use of either spouse, however, jewelry shall form part
of the community property.
3) Property acquired before the marriage by either spouse who has legitimate descendants
by a former marriage, and the fruits as well as the income, if any, of such property.
7) What is the presumption of the property acquired during marriage?
The property acquired during marriage is presumed to belong to the absolute community of
property, unless it is proved that it is one of those excluded therefrom provided that before
the presumption applies, evidence must be shown that the disputed properties have been
acquired during the marriage.
8) Why is it that the property acquired before the marriage by either spouse who has legitimate
descendants by a former marriage, and the fruits as well as the income are excluded from the
community Property?
This is to protect the rights or legitimes of the children or other descendants of the prior
marriage. Said children and other descendants must be legitimate.
9) Give the reason why properties acquired during the marriage by gratuitous title are excluded
from the community Property?
It is because the desire of the gratuitous giver must be respected.

10) What are to be charged in the absolute community property?

The absolute community of property shall be liable for:

1) The support of the spouses, their common children and legitimate children of either
spouse; however, the support of the illegitimate children shall be governed by the provisions
the Family Code on Support.
2) All debts and obligations contracted during the marriage by the designated administrator
spouse for the benefit of the community, or by both spouses, or by one spouse with the
consent of the other;
3) Debts and obligations contracted by either spouse without the consent of the other to the
extent that the family may have been benefited.
4) All taxes, liens, charges, and expenses, including minor and major repairs, upon the
community property;
5) All taxes and expenses for mere preservation made during marriage upon the separate
property of either spouse used by the family.
6) Expenses to enable either spouse to commence or complete a professional or vocational
course, or other activity for self- improvement.
7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of the
family.
8) The value of what is donated or promised by both spouses in favor of their common
legitimate children for the exclusive purpose of commencing or completing a professional or
vocational course or other activity for self- employment
9) Antenuptial debts of either spouse other than those falling under paragraph 7 of Article 94
, the support of illigetimate children of either spouse, and liabilities incurred by either
spouse by reason of crime or quasi-delict, in case of absence or insufficiency of the
exclusive property of the debtor spouse, the payment of which shall be considered as
advances to be deducted from the share of the debtor spouse upon liquidation of the
community,
10) Expenses of litigation between the spouses unless the suit s found to be groundless.

11) If the community property is insufficient to cover the forgoing liabilities or unpaid balances,
where will these liabilities be charged?
The spouses shall be solidarily liable for the unpaid balance with their separate properties
except such liabilities referred to in paragraph 9 of Article 94 of the Family Code.
12) Whatever lost during marriage in any game of chance, betting, sweepstakes, or any other
kind of gambling, whether permitted or prohibited by law, it shall be borne to whom? Shall
it be charged to absolute community of property? Does it have the same rule when it comes
to winnings?
In losing, it shall be borne by the loser spouse and shall not be charged to the community
property. However, different rule is applied in winnings, any winnings therefrom shall form
part of the community property.
13) May the spouse donate any community property without the consent of the other to a third
person?
As a general rule, neither of the spouse may donate any community property without the
consent of the other spouse. As an exemption to that, either spouse may, without the consent
of the other spouse, make moderate donations from the community property for charity or
on occasion of family rejoicing or family distress.
14) When does the absolute community terminate?
 It terminates upon the death of either spouse, when there is a decree of legal separation,
when the marriage is annulled or declared void, or in case of judicial separation of property
during the marriage under Articles 134 to 138.
15) When does the spouse deemed to have abandoned the other spouse?
It is when he or she has left the conjugal dwelling without any intention of returning. The
spouse who has left the conjugal dwelling for a period of three months or has failed within
the same period to give any information as to his or her whereabouts shall be prima facie
presumed to have no intention of returning to the conjugal dwelling.
16) To whom does the conjugal dwelling and the lot on which it is situated shall be adjudicated?
Unless otherwise agreed in the marriage settlements by the parties, in the partition of the
properties, the conjugal dwelling and the lot on which it is situated shall be adjudicated to
the spouse with whom the majority of the common children choose to remain.
Children below seven years old are deemed to have chosen the mother but if there is a
compelling reason such as being an incompetent and unfit mother then the court shall
decide, if the child is above seven years old the child may choose to whom he or she will
stay if then that chosen person is incompetent or unfit, the court shall decide for the
children's custody. In case there is no such majority, the court shall decide, taking into
consideration the best interests of said children which is of the paramount importance.
17) If the marriage is terminated by death, what will happen to the community property?
If the marriage is terminated by death, the community property shall be liquidated in the
same proceeding for the settlement of the estate of the deceased.
18) What does the surviving spouse do with the community property if there is no instituted
judicial settlement proceeding?
The surviving spouse shall liquidate the community property either judicially or
extrajudicially within six months after the death of the deceased spouse. If no liquidation is
made within six months after such death, any disposition or encumbrance involving the
community property of the terminated marriage shall be void.
19) What property shall govern if the surviving spouse contract a subsequent marriage without
compliance with the forgoing requirements?
If the surviving spouse contract a subsequent marriage without compliance with the forgoing
requirements, a mandatory regime of complete separation of property shall govern the
property relations of the subsequent marriage.
20) How does the capital, fruits, and income of each community be determined whenever the
liquidation of the community properties of two or more marriages contracted by the same
person before the effectivity of this Code is carried out simultaneously?
The respective capital, fruits, and income of each community shall be determined upon such
proof as may be considered according to the rules of evidence. In case of doubt as to which
community the existing properties belong, the same shall be divided between the different
communities in proportion to the capital and duration of each.
21) What is conjugal partnership?
It is that formed by a husband and his wife whereby they place in a common fund the
proceeds, products, fruits, and income of their separate properties and those acquired by
either or both spouses through their efforts, or by chance, and, upon dissolution of the
marriage or of the partnership, the net gains or benefits obtained by either or both spouses
shall be divided equally between them, unless otherwise agreed in the marriage settlements.
22) What is the duration of the conjugal partnership?
The conjugal partnership of gains is supposed to last until the dissolution of the marriage
like death or annulment and the dissolution of the partnership like legal separation or
judicial separation of property.
23) What are the distinctions between the conjugal partnership and an ordinary partnership?
Conjugal Partnership has no juridical personality, regulated generally by law, generally
managed by the husband, its purpose is not particularly for profit and has few grounds for
 dissolution while the Ordinary Partnership has a juridical personality, regulated by
agreement between the parties and only subsidiarily by law, management depends upon the
stipulation of the parties, its purpose is for profit, and has many grounds for dissolution.
24) What rule shall govern the conjugal partnership?
The conjugal partnership shall be governed by the rules on the contract of partnership in all
that is not in conflict with what is expressly determined in the system of conjugal
partnership of gains or by the spouses in their marriage settlements.
25) If the conjugal partnership is insufficient to cover liabilities, who are liable and from which
property to be charged from?
If the conjugal partnership is insufficient to cover liabilities, the spouses shall be solidarily
liable for the unpaid balance from their separate or exclusive properties.
26) What shall be considered as exclusive or separate property of each spouse? Art. 109
These are the following:
(1) That which is brought to the marriage as his or her own;
(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange with property
belonging to only one of the spouses; and
(4) That which is purchased with exclusive money of the wife or of the husband.
(Note: paragraphs no 1 and 2 : Property by direct acquisition -originally exclusive,
paragraphs no 3 and 4 : Property by substitution)
(Note: Paraphernal- exclusive property owned by the wife
Capital - exclusive property owned by the husband)
(Homestead- rights perfected after marriage belongs to conjugal property)

27) What are considered as conjugal partnership properties?(Note: Same terms: conjugal
partnership of gains or conjugal partnership property or relative community regime)
These are the following:
(1) Those acquired by onerous title during the marriage at the expense of the common fund,
whether the acquisition be for the partnership, or for only one of the spouses;
(2) Those obtained from the labor, industry, work or profession of either or both of the
spouses;
(3) The fruits, natural, industrial, or civil, due or received during the marriage from the
common property, as well as the net fruits from the exclusive property of each spouse;
(4) The share of the either spouse in the hidden treasure which the law awards to the finder
or owner of the property where the treasure is found;
(5) Those acquired through occupation such as fishing or hunting;
(6) Livestock existing upon the dissolution of the partnership in excess of the number of
each kind brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such as winnings from gambling or betting.
However, losses therefrom shall be borne exclusively by the loser-spouse.
28) The doctrine was laid down that an heir appointed beneficiary to a life insurance policy
taken out by the deceased, becomes the absolute owner of the proceeds of such a policy
upon the death of the insured, does this rule may apply also to the proceeds of a life
insurance policy payable to the estate of the deceased?
No, the proceeds of a life insurance policy payable to the estate of the insured pass to the
executor or administrator of such estate and form part of its assets. In case of such proceeds
of a life insurance policy payable to an heir of the insured as beneficiary, it belongs
exclusively to the said heir and does not form part of the deceased's estate subject to
administration.
29) A husband insured himself during his marriage and made his estate, not his wife, as his
beneficiary. The premiums paid were borne by the conjugal partnership. Later the husband
died. Who is entitled to the proceeds of the insurance? The heirs of the husband or the wife?
 Both the heirs of the husband and the wife are entitled to the proceeds of the insurance. The
proceeds of a life insurance policy payable to an insured person's estate on which the
premiums were paid by the conjugal partnership constitute conjugal property and belong one
-half exclusively to the husband and the other half to the wife. If the premiums were paid
partly with separate property, partly with conjugal funds, the proceeds are, in like
proportion, separate in part, and conjugal in part.(note: the husband is generally the manager
of the conjugal property , he cannot of his own will convert the partnership property into his
own exclusive property).
30) From the common mass of property, to whom does support shall be given?
From the common mass of property support shall be given to the surviving spouse and to the
children during the liquidation of the inventoried property and until what belongs to them is
delivered; but from this shall be deducted that amount received for support which exceeds
the fruits pertaining to them.
31) What property should be computed for the purpose of determining the assets of the conjugal
partnership- the actual property remaining or all the property that may have been acquired
during the partnership?
The actual property remaining determines the assets. It is error to determine the amount to
be divided by adding up all the profits and investments made in each year of the continuance
of the partnership and saying that the result is the amount.
32) Are incapacitated grandchildren of the deceased entitled to an allowance?
Whether capacitated or not, they are not entitled for they do not come under the category of
“children”.
33) A wife had no paraphernal property. The only assets of the partnership were far less than the
liabilities of the partnership. The wife soon became a widow, and as a widow, demanded
support during the liquidation. The creditors refused because the assets were less than the
liabilities. Should the widow be allowed support?
No, the widow should not be allowed support. It is unlawful to grant the support which is
under consideration because said support, having the character of an advance payment to be
deducted from the respective share of each partner, when there is no property to be
partitioned, lacks the legal basis provided by Article 133 of the Family Code.
34) Does the sale of conjugal property of the surviving spouse void or not?
The sale of conjugal property by the surviving spouse is void as to the share of the deceased
spouse except insofar as she has inherited part of it(one-half share). The vendee as a
consequence, becomes a trustee of the deceased spouse for said share- for the benefit of his
other heirs.
35) Is the separation of property between spouses during the marriage possible?
Yes it is possible by judicial order. In the absence of an express declaration in the marriage
settlements, the separation of property between spouses during marriage shall not take place
except by judicial order. Such judicial separation of property may either be voluntary or for
sufficient cause.
36) What are the instances shall be considered sufficient cause for judicial separation of
property?
These are the following instances:
(1) That the spouse of the petitioner has been sentenced to a penalty which carries with it
civil interdiction;
(2) That the spouse of the petitioner has been judicially declared an absentee;
(3) That loss of parental authority of the spouse of petitioner has been decreed by the court;
(4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or
her obligations to the family as provided for in article 101;
(5) That the spouse granted the power of administration in the marriage settlements has
abused that power; and
(6) That at the time of the petition, the spouses have been separated in fact for at least one
 year and reconciliation is highly improbable.
37) Does the administration of all classes of exclusive property of either spouse may be
transferred by the court to the other spouse?
Yes with the following instances: When one spouse becomes the guardian of the other; when
one spouse is judicially declared an absentee; when one spouse is sentenced to a penalty
which carries with it civil interdiction; or when one spouse becomes a fugitive from justice
or is in hiding as an accused in criminal case. If the other spouse is not qualified by reason
of incompetence, conflict of interest, or any other just cause, the court shall appoint a suit
able person to be the administrator.
38) What is the System of Separation of Property?
It is that matrimonial property regime agreed upon in the marriage settlement by the future
spouses whereby each spouse shall own, dispose of, possess, administer, and enjoy his or
her own separate estate or earnings without the consent of the other, with each spouse
proportionately bearing the family expenses proportionate to their earnings and profits of
their respective property.
39) What are the kinds of separation of property system?
Separation of property may refer to present or future property or both. It may be total or
partial. In the latter case, the property not agreed upon as separate shall pertain to the
absolute community of property.
40) What are the entitlement of each spouse under the system of separation of property?
Each spouse shall own, dispose of, possess, administer, and enjoy his or her own separate
estate without need of consent of the other. To each spouse shall belong all earnings from his
or her profession, business or industry and all fruits natural, industrial, or civil, due or
received during the marriage from his or her own separate property.
41) Who shall bear the family expenses under the system of separation of property?
Both spouses shall bear the family expenses in proportion to their income, or, in case of
insufficiency or default thereof, to the current market value of other separate properties. The
liability of the spouses to creditors for family expenses shall, however, be solidary.
42) When does Article 147 applicable?
Article 147 is applicable when a man and a woman who are capacitated to marry each other,
live each other as husband and wife without the benefit of marriage or under void marriage.

43) In case of Article 147, who owned their wages and salaries? What rule shall govern?
The wages of the man and woman referred to in Article 147 shall be owned by them in equal
shares and the property acquired by both of them through their work or industry shall be
governed by the rules on co-ownership.

44) What happens to their share of properties?

In the absence of proof to whom of either spouse the properties were acquired, such
properties acquired while they lived together shall be presumed to have been obtained by
their joint efforts, work or industry, and shall be owned by them in equal shares. For
purposes of Article 147 of the Family Code a party who did not participate in the acquisition
by the other party of any property shall be deemed to have contributed jointly in the
acquisition thereof if the former's efforts consisted in the care and maintenance of the family
and of the household.

45) What happens to the share of properties when one of the parties to a void marriage is in bad
faith and the other is in good faith?
The share of the party in bad faith in the co- ownership shall be forfeited in favor of their
common children. In case of default of or waiver by any or all of the common children or
their descendants, each vacant share shall belong to the respective surviving descendants. In
the absence of descendants, such share shall belong to the innocent party. In all cases, the
 forfeiture shall take place upon termination of the cohabitation.
46) In cases of cohabitation not falling under Article 147 of the FC, what is the rule on the
ownership of their properties?
Only the properties acquired by both of the parties through their actual joint contribution of
money, property, or industry shall be owned by them in common in proportion to their
respective contributions. In the absence of proof to the contrary, their contributions and
corresponding shares are presumed to be equal. The same rule and presumption shall apply
to joint deposits of money and evidences of credit.
47) What happens to the share in co-ownership when one of the parties is validly married to
another? If the party who acted in bad faith is not validly married?
If one of the parties is validly married to another, his or her share in the co-ownership shall
accrue to the absolute community or conjugal partnership existing in such valid marriage.
If one of the parties who acted in bad faith is not validly married to another, his or her share
shall be forfeited in the manner provided in the last paragraph of Article 147 of the Family
Code. The foregoing rules on forfeiture shall likewise apply even if both parties are in bad
faith.
48) If a husband is married to wife number No. 1, and contracts a bigamous marriage with wifw
number No. 2, who will own the following:
a) P10 million earned by the husband alone during the second marriage?
b) P30 million earned by Wife No. 2 alone during the second marriage?

a) The P10 million will go to the conjugal or community property of the first wife and the
husband.
b) The P30 million will all go to Wife No. 2
Both a and b as provided in the second paragraph of Article 148 of the family Code.
49) What is family?
The family, being the foundation of the nation, is a basic social institution which public
policy cherishes and protects. Consequently, family relations are governed by law and no
custom, practice or agreement destructive of the family shall be recognized or given effect.
(Note: Familiarize some provisions in Art 2 of the 1987 constitution such as sec 12, 13,14)
50) What are included in Family Relations?
These are the relations between husband and wife, between parents and children, among
other ascendants and descendants, and among brothers and sisters, whether of the full or
half-blood.
51) Shall the suit between members of the same family prosper?
No suit between members of the same family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts toward a compromise have been made, but
that the same have failed. If it is shown that no such efforts were made, the case must be
dismissed. This rule shall not apply to cases which may not be subject of compromise under
the Civil Code.
52) What are the cases which may not be subject for compromise such that rule in art 149 shall
not be applied to?
The compromise not considered valid by law are those on:
(1) The civil status of persons;
(2) The validity of the marriage or a legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts; and
(6) Future legitime.
53) What is a family home?(Art 152)
The family home, constituted jointly by the husband and the wife or by an unmarried head
of a family, is the dwelling house where they and there family reside, and the land on which
 it is situated.
54) When does the family home deemed constituted?
The family is deemed constituted on a house and lot from the time it is occupied as a family
residence. From the time of its constitution and so long as any of its beneficiaries actually
resides therein, the family home continues to be such and is exempt from execution, forced
sale, or attachment except as hereinafter provided and to the extent of the value allowed by
law.
55) Who are the beneficiaries of a family home?
The husband and wife, or an unmarried person who is the head of the family, their parents,
ascendants, descendants, brothers and sisters, whether the relationship be legitimate or
illegitimate, who are living in the family home and who depend on the head of the family for
legal support.
56) What are the instances that the family home will not be exempt from execution , forced sale
or attachment?

The family home may be subject for execution, forced sale or attachment for:
(1) nonpayment of taxes,
(2) debts incurred prior to the Constitution of the family home,
(3) debts secured by mortgages on the premises before or after such constitution, and
(4) debts due to laborers, mechanics, architects, builders, materialmen and others who have
rendered service or purnished material for the construction of the building.
57) What is the actual value of the family home?
The actual value of the family home shall not exceed, at the time of its constitution, the
amount of three hundred thousand pesos in urban areas,and two hundred thousand pesos in
rural areas, or such amount may hereafter be fixed by law.
58) If the value of the currency changes after the adoption of the family code, what shall be the
basis of evaluation?
The value cost favorable for the constitution of a family home.
59) What are considered and included as urban areas?
Urban areas are deemed to include chartered cities and municipalities whose annual income
at least equals that legally required for chartered cities/ All others are deemed to be rural
areas.
60) May the family home be sold, alienated, donated, assigned or encumbered by the owner or
owners?
Yes, the family home may be sold, alienated, donated, assigned or encumbered by the
owner or owners thereof with the written consent of the person constituting such family
home, the latter's spouse, and a majority of the beneficiaries of legal age. In case of conflict,
the court shall decide.
61) What happens to the family home if one or both of the spouses or of the unmarried head of
the family is dead?
The family home shall continue despite the death of one or both of the spouses or of the
unmarried head of the family for a period of ten years or for as long as there is a minor
beneficiary, and the heirs cannot partition the family home unless the court finds compelling
reasons therefor. This rule shall apply regardless of whoever owns the property or
constituted the family home.
62) Who are legitimate children?
Legitimate children are those:
1) Children conceived or born during the marriage of the parents;
2) Children conceived as a result of artificial insemination of the wife with the sperm of the
husband or that of a donor or both provided both of the husband and wife 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;
3) Children conceived or born before the judgement of annulment or absolute nullity of
marriage due to psychological incapacity has become final and executory; and
4) Children conceived or born of the subsequent marriage under article 53 of the Family
Code.

63) What are the only grounds to impugn or question the legitimacy of a child?
The only grounds are:
(1) That it was physically impossible for the husband to have sexual intercourse with his
wife within the first 120 days of the 300 days preceded the birth of the child because
(a) the physical incapacity of the husband to have sexual intercourse with his wife.
(b) the fact that the husband and wife were living separately in such a way that
sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse
(2) that it is proved that for biological or other scientific reasons, the child could not have
been that of the husband, except in the instance provided in the second paragraph of Article
164; or
(3) That in case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, fraud, violence,
intimidation, or undue influence.

64) What is the reason of the paragraph 1 of article 166?

300 minus 120 equals 180 days or six months, which may be at the earliest, the intra- uterine
life of the child. Upon the other hand, if the child is conceived on the 1st day of said 120
days, it must have had an intra- uterine existence of 300 days or ten months, which may be
the maximum duration of its existence in the maternal womb.
(Note: Case of Andal vs Macaraig)
65) The marriage is terminated by the death of the husband. Wife married again within 300 days
after the termination of the 1st marriage. In the absence of the contrary, what rule shall
govern on the conception of the child?
The following rules shall govern:
(1) A child born before 180 days after the celebration of the subsequent marriage is
considered to have been conceived during the former marriage provided it be born within
300 days after the termination of the former marriage; and
(2) A child born after 180 days from the celebration of the subsequent marriage is
considered to have been conceived during the subsequent marriage even though it be born
within 300 days after the termination of the former marriage.

66) Who can impugn the legitimacy of the child and within what period ?
Generally only the husband or any of his heirs in a proper case can impugn the legitimacy of
the child within 1 year from the knowledge of the birth or from the recording of the civil
register provided that the husband or his heirs should reside in the city or municipality
where the birth of the child took place or was recorded. If they do not reside in such city or
municipality but within the Philippines, the period is two years and three years if they reside
abroad. If the birth of the child has been concealed from or was unknown to the husband or
his heirs, the period shall be counted from the discovery or knowledge of the birth of the
child or the fact of registration of said birth, whichever is earlier.
67) In what cases do the heirs of the husband may impugn or question the filiation of the child
and within what period?
The heirs may impugn the filiation of the child within the period prescribed in Article 172 of
the Family Code in the following cases:
(1) if the husband should die before the expiration of the period fixed for bringing his action;
 (2) If the he should die after the filing of the complaint without having desisted therefrom;
or
(3) if the child was born after the death of the husband.
68) Differentiate paternity, maternity, and filiation.
Paternity refers to the civil status relationship of the father to the child while maternity is the
civil status relationship of the mother to the child. Where as filiation is the civil status
relationship of the child to the father or mother.

PROOF OF FILIATION

69) How can you prove the filiation of the child?

It can be proved by the following:
(1) The record of birth appearing in the civil register or a final judgement
(2) An admission of legitimate filiation in a public document or a private handwritten
instrument and signed by the parent concerned.
In the absence of the forgoing evidence, the legitimate filiation shall be proved by:
(1) The open and continuous possession of the status of the legitimate child; or
(2) Any other means allowed by the rules of court and special laws like an act or declaration
concerning pedigree, family reputation and tradition concerning pedigree, common
reputation concerning pedigree, judicial admission, admissions of the party, or admission by
silence.
70) Who may file an action to claim legitimacy?
Generally, only the child himself may file the action except if the child dies during the
minority or incapacity his heirs may do so within five years from the death or in case the
heir will merely continue the action.
71) What are the rights of a legitimate child?
1) To bear the surnames of the father and the mother, in conformity with provisions of the
Civil Code on surnames;
2) To receive support from their parents, ascendants, and in proper cases, their brothers and
sisters, in conformity with the provisions of the Family Code on Support; and
3) To be entitled to the legitime and other successional rights granted to them by the Civil
Code.
(Note:“Legitime is that part of the testator’s property which he cannot dispose of because
the law has reserved it for certain heirs, who are, therefore, called compulsory heirs”
A person’s compulsory heirs are the following: 1) legitimate children and descendants, with
respect to their legitimate parents and ascendants; 2) in default of the foregoing, legitimate
parents and ascendants, with respect to their legitimate children and descendants; 3) the
widow or widower; and 4) acknowledged illegitimate children (Article 886, Civil Code of
the Philippines)
72) How does the illegitimate children may establish their illegitimate filiation? What is the
prescribed period?
They may establish their illegitimate filiation in the same way and same evidence as
legitimate children. The action must be brought within the same period specified in Article
173, except when the action is based on second paragraph of Art 172, in which case the
action may be brought during the lifetime of the alleged parent.
73) What are the rights of illegitimate children?
Illegitimate children shall use the surname and shall be the under the parental authority of
their mother, and shall be entitled to support in conformity with this Code. The legitime of
each illegitimate child shall consist one-half of the legitime of a legitimate child. However,
the child may use the surname of the father provided that there is an affidavit of admission
of paternity, private handwritten instrument, and affidavit to use the surname of the father
filed before the local civil register as provided by R. A. No. 9255 or An Act Allowing
 Illegitimate Children to Use the Surname of Their Father.
74) Who are legitimated children?
Only children conceived and born outside the wedlock of parents who, at the time of the
conception of the children, were not disqualified by any impediment to marry each other, or
were so disqualified only because either or both of them were below 18 years of age, may be
legitimated.
75) When does the legitimation take place? Does annulment of a voidable marriage affect such
legitimation?
Legitimation shall take place by a subsequent marriage between parents. The annulment of a
voidable marriage shall not affect the legitimation.
76) What are the rights of legitimated children?
They shall enjoy the same rights as legitimate children.
77) What are the effects of legitimation?
The effects of legitimation shall retroact to the time of the child's birth.
78) Who may question the legitimation of the child?
Legitimation may be impugn only by those who are prejudiced in their rights (such as co-
heirs of the child), within five years from the time their cause of action accrues.