PATERNITY AND FILIATION

Paternity is the civil status of the father with respect to the child begotten by him. Filiation is the civil
status of the child in relation to its mother or father (2 Sanchez Roman 952).

Legal Importance of Determining Paternity and Filiation:

1. For Succession – In legal succession, the right of the legitimate children is different from that of
the illegitimate children. The law gives more rights in the property of the deceased parents to
legitimate children.

2. For Enforcement of the Naturalization and Immigration Laws – Naturalized citizens give “ipso
facto” Philippine citizenship to their minor children at the time of their naturalization under
certain qualifications. Thus, the minors, in order to avail themselves of the effects of
naturalization, must prove that they are legitimate children of the naturalized citizen at the time
of naturalization. A minor child of the naturalized or permanent resident alien may be given the
right to land into our shores upon proofs that such minor is a legitimate child of a naturalized
Filipino or that of a permanent resident alien.

KINDS OF CHILDREN

A. Legitimate Children – is one who is born in lawful wedlock, or within a competent time
afterwards.

1. Legitimate children (proper) – are those who were born in lawful wedlock or within 300
days after the dissolution of marriage.

Presumption of Legitimacy
Art. 255, Civil Code: Children born after one hundred and eighty days following the
celebration of the marriage, and before three hundred days following its dissolution or the
separation of the spouses shall be presumed to be legitimate.

Against this presumption no evidence shall be admitted other than that of the physical
impossibility of the husband’s having access to his wife within the first one hundred and
twenty days of the three hundred which preceded the birth of the child.

The physical impossibility may be caused by:

(1) The impotence of the husband;
(2) The fact that the husband and wife were living separately in such a way that access
was not possible; and
(3) By the serious illness of the husband.

Requisites of the Presumption:

a. There is a valid marriage
b. The birth of the child took place after 180 days following the celebration of marriage or
within 300 days following its dissolution or separation of the spouse.
c. There is no physical impossibility of the husband having access to the wife during the
first 120 days of the 300 days preceding the birth of the child.

The Presumption of Legitimacy under Art. 255, Civil Code is conclusive:

The presumption of legitimacy above-mentioned (Art. 255, Civil Code) is conclusive

because:

a. Sec. 4(a) of the Rule 131 of the Rules of Court is a repetition of Art. 255 of the Civil Code.

Sec. 4. Rules of Court – Quasi-conclusive presumptions of legitimacy:

(a) Children born after one hundred eighty days following the celebration of marriage,
and before three hundred days following its dissolution or the separation of the
spouses shall be presumed legitimate.
 Against this presumption no evidence shall be admitted other than that of physical
impossibility of the husband’s having access to his wife within the first one hundred
and twenty days of the three hundred which preceded the birth of the child.

(b) The presumption in Art. 255, Civil Code is not qualified, while the presumptions in
Art. 257, 258 and 259 of the same code qualified the presumption to be “prima
facie” which infer that the presumption under Art. 255 is conclusive.

Children born after 180 days following the celebration of marriage:

a. Example: A and B were married in Jan. 1, 1980. A child was born after 180 days
following their marriage. If there is no impossibility of access between A and B, the child
is conclusively presumed to be legitimate.

b. Reason for the presumption:

The law considers that in order that a child beviable, it must have at least 180 days of
development from fertilization to birth. A child born before 180 days after the
celebration of marriage is not viable, it must have been brought about by a sexual act
which occurred before the celebration of marriage. A child born before 180 days
following the celebration of marriage is premature and underdeveloped to withstand
external environment.

Child born within 300 days following its dissolution or separation of spouse:
a. Example: A and B are legally married. On Jan. 1, 1980, B, the husband died. 230 days
after A became a widow, a child was born. The child is conclusively presumed to be
legitimate insofar as the deceased husband provided there was no physical impossibility
of access between A and B during the latter’s lifetime.

b. Reason for the presumption:

The law based on medical science considers 300 days as the length of uterine
development of a child. Normally, it is 280 days as the period of utero-gestation. But, it
is not uncommon for pregnancy to be prolonged up to 300 days or even more, although
there may be signs of post-maturity. To include those children who may be born more
than the average duration of utero-gestation, the law extended the limit to 300 days.

Example: M was married with X on September 28, 1944. The husband, M, died on
October 11, 1944. A child was born on April 24, 1945 or 208 days after the celebration
of marriage and within 300 days following its dissolution. There being no showing that
M is impotent, the court held that the child is born conclusively legitimate. (Menciano
v. Neri San Jose, G.R. No. L-1967, May 1951)

Only evidence sufficient to rebut the above presumption:

That there is “physical impossibility of the husband’s having access to his wife within the
first one hundred and twenty days of the three hundred days which preceded the birth of
the child.”

Examples:
(1) A and B were married and 7 months after marriage a child was born. Considering that
each month has thirty days, the child is considered legitimate if, anytime three months
before up to one month after the marriage, there was possibility of access between A
and B.
(2) A and B were legally married. Six months after A became a widow, a child was born.
The child is presumed to be legitimate if B, the husband had access with his wife during
the four months period before his death. If during the whole period of four months
before he died he was living in a far distant place whereby access was not possible, then
the child is not his own.

Causes of Physical Impossibility:

(1) By the impotence of the husband
(2) By the fact that the husband and wife were living separately in such a way that access
was not possible
(3) By the serious illness of the husband (Art. 255, Civil Code)
 The impossibility of access must not be construed in its literal sense. It means inability
to perform sexual intercourse.

Impotency of the husband must be present during the first 120 days of the 300 days
preceding the birth of the child. It must be an absolute impotency and not a relative one. It
must be complete not partial.

The serious illness suffered by the husband must occur during the period of conception
of the child. Serious illness means such condition which will prevent the husband to
perform sexual act with his wife. The fact that the husband is suffering from tuberculosis
does not prevent him from performing the carnal act. The reputation of the tuberculosis
towards eroticism (sexual propensity) is probably more dependent upon confinement than
the consequences of the disease (Andal v. Macaraig, G.R. No. L-2474).

Art. 258, Civil Code: A child born within one hundred eighty days following the celebration
of marriage is prima facie presumed to be legitimate. Such a child is conclusively presumed
to be legitimate in any of these cases:
(1) If the husband, before the marriage, knew of the pregnancy of the wife;
(2) If he consented, being present, to the putting of his surname on the record of birth
of the child; and
(3) If he expressly or tacitly recognized the child as his own.

Prima facie means the presumption is true and correct unless it can be shown by other
proofs to the contrary.

A husband who knew of the existence of pregnancy of his wife before marriage and still
married her, impliedly shows that he is the author of such pregnancy. If he is not
responsible for such pregnancy, then he waived his right to contest its legitimacy.

The consent of the husband to place his surname on the record of the birth of the child
is also recognition that the child is his own. A man with a normal sense will not allow his
surname be attached to one with a blood foreign to his.

Expressed recognition may be made by the father of the child by telling other people
that the child is his legitimate child. Tacit or implied recognition may be made inference
from the acts of the husband wherein recognition may be deduced. Allowing the child to
live in the conjugal dwelling, giving the necessary support, furnishing the child of his daily
needs imply that the child is his own.

Recognition shall be made in the record of birth, a will, a statement before a court or
record, or in any authentic writing (Art. 278, Civil Code).

Art. 268, Civil Code: The child shall be presumed legitimate, although the mother may have
declared against its legitimacy or may have been sentenced as an adulteress.

Reason for the provision:

a. The status of the child must not be left at the mercy or the passion of the parents. A
wife may while in the fit of her anger declare that the child is not that of the husband
although it is not true.
b. The husband may connive with the wife and let her declare the child as illegitimate and
thus decrease his right over the properties of the husband.
c. Between legitimacy and illegitimacy, the law is in favour of legitimacy. A child must not
be punished by the wrongful acts of his parents.

Presumption of illegitimacy based on ethnic reasons:

Art. 257, Civil Code: Should the wife commit adultery at or about the time of the conception
of the child, but there was no physical impossibility of access between her and her husband
as set forth in article 255, the child is prima facie presumed to be illegitimate if it appears
highly improbable, for ethnic reasons, that the child is that of the husband. For the
purposes of this article, the wife’s adultery need not be proved in a criminal case.

Example: A and B, both white Americans were legally married. During the period of
conception for the child C, the wife had an illicit relation with X, a negro. The child born has
dark skin, wiry and curly hair and with thick lips. There is no ancestor in A and B who is
negro. The child C is prima facie presumed illegitimate.

Marriage of women within 300 days following death of husband, annulment of marriage or
other forms of marital dissolution:
Art. 84, Civil Code: No marriage license shall be issued to a widow till after three hundred
days following the death of her husband, unless in the meantime she has given birth to a
child.

The Revised Penal Code penalizes a widow re-marrying before the expiration of 301
days following her widowed.

Art. 351, Revised Penal Code – Premature Marriages:

A widow who shall marry within three hundred and one days from the date of the death
of her husband, or before having delivered if she shall have been pregnant at the time of his
death, shall be punished by arresto mayor and fine not exceeding 500 pesos.

The same penalties shall be imposed upon any woman whose marriage shall have been
annulled or dissolved, if she shall marry before her delivery or before the expiration of the
period of three hundred and one days after the legal separation.

The purpose of the above provisions of law is to prevent disputed paternity of the child
born after the subsequent marriage celebrated within the three hundred days following the
dissolution of the first marriage.

However, where deceased husband was proven to be impotent or sterile, the widow
who contracted a premature marriage was not held criminally liable (People v. Masinsin,
C.A. G.R. 9157, June 1953).

Presumption of legitimacy if the widow marries within three hundred days following the
death of the husband:

Art. 259, Civil Code: If the marriage is dissolved by the death of the husband, and the
mother contracted another marriage within three hundred days following such death, these
rules shall govern:

(1) A child born before one hundred eighty days after the solemnization of the
subsequent marriage is disputably presumed to have been conceived during the
former marriage, provided it be born within three hundred days after the death of
the former husband;

Example: A widow married 100 days after the death of her first husband. A child is
born 175 days after the celebration of the second marriage. The child is disputably
presumed to be legitimate insofar as the first husband because the child is born
within 180 days following the celebration of the second marriage and within 300
days after the death of the first husband.

(2) A child born after one hundred eighty days following the celebration of the
subsequent marriage is prima facie presumed to have been conceived during such
marriage, even though it be born within the three hundred days after the death of
the former husband.

Example: A widow married 80 days after the death of the first husband. A child is
born 200 days after the celebration of the second marriage. The child born is prima
facie presumed to be legitimate child of the second husband because the child was
born after 180 days following the celebration of the second marriage.

Flow of the Presumption:

A widow married 50 days after the death of the first husband. A child was born 200
days following the celebration of the second marriage. Following the provision of the
presumption, the child is legitimate insofar as the second husband. But the child is born
only 250 days after the death of the first husband. It is possible that the widow was
 pregnant for one month at the time of death of the first husband, yet the presumption
made the child prima facie legitimate as that of the second husband.

Duty of a woman after annulment of marriage when she becomes a widow and pregnant:

Art. 260, Civil Code: If after a judgment annulling a marriage, the former wife should believe
herself to be pregnant by the former husband, she shall, within thirty days from the time
she became aware of her pregnancy, notify the former husband or his heirs of that fact. He
or his heirs may ask the court to take measures to prevent a simulation of birth.

The same obligation shall devolve upon a widow who believes herself to have been left
pregnant by the deceased husband, or upon the wife who believes herself to be pregnant by
her husband from whom she has been legally separated.

The Revised Penal Code impose penalty for simulation of birth and usurpation of the civil
status:
Art. 347, Revised Penal Code – Simulation of births, substitution of one child for another and
concealment or abandonment of a legitimate child:

The simulation of births and the substitution of one child for another shall be punished
by prision mayor and a fine of not exceeding 1,000 pesos.

The same penalties shall be imposed upon any person who shall conceal or abandon any
legitimate child with intent to cause such child to lose its civil status.

Any physician or surgeon or public officer who, in violation of the duties of his
profession or office, shall cooperate in the execution of any of the crimes mentioned in the
two next preceding paragraphs, shall suffer the penalties therein prescribed and also the
penalty of temporary special disqualification.

Usurpation of Civil Status:

Art. 348, Revised Penal Code: The penalty of prision mayor shall be imposed upon any
person who shall usurp the civil status of another, should he do so for the purpose of
defrauding the offended party or his heirs; otherwise, the penalty of prision correccional in
its medium and maximum period shall be imposed.

Child born after 300 days following dissolution of marriage or separation of the spouse:
Art. 261, Civil Code: There is no presumption of legitimacy or illegitimacy of a child born
after three hundred days following the dissolution of the marriage or the separation of the
spouses. Whoever alleges the legitimacy or the illegitimacy of such child must prove his
allegation.

2. Legitimated children – Legitimation is defined as a remedy or process by which a child born

out of lawful wedlock and are therefore considered illegitimate are by fiction of law
considered legitimate by subsequent valid marriage of the parents.

Art. 270, Civil Code: Legitimation shall take place by the subsequent marriage between the
parents.

Art. 272, Civil Code: Children who are legitimated by subsequent marriage shall enjoy the
same rights as legitimate children.

Children can be legitimated:

a. Natural children (proper) – Natural children are those born outside lawful wedlock of
parents who, at the time of the conception of the former, were disqualified by any
impediment to marry each other (Art. 269, Civil Code).

Example: A and B are both single and are of age. There are no other impediments for
them to marry one another. Although unmarried, they had sexual intercourse and as a
result of which a child is born. The child is considered to be natural.

If the child is acknowledged by the parents to be their own, then the child becomes an
acknowledged natural child, and if the parents after acknowledgement subsequently
married one another, the child becomes a legitimated child.
 Requisites for Legitimation of Natural Child (proper):
a. The child must be natural
b. The child must be acknowledged by both parents before marriage
c. There must be subsequent marriage of the parents

3. Adopted children – Adoption is defined as the act or proceeding by which relations of

paternity and filiation are recognized as legally existing between persons not so related by
nature. The purpose of adoption is to establish a relationship of paternity and filiation and
to afford persons who have no child of their own consolation of having one by legal fiction.
The child wherein paternity and filiation is established is an adopted child and with all the
legal rights as a legitimate child in relation to the adopting parents.

Persons who may be adopted:

a. The natural child, by the natural father or mother;
b. Other illegitimate children, by the father or mother;
c. A step-child, by the step-father or step-mother (Art. 338, Civil Code); and
d. Any person, even if of age, provided the adopter is sixteen years older (Art. 337, Civil
Code).

Persons who cannot be adopted:

a. A married person, without the written consent of the other spouse;
b. An alien with whose government the Republic of the Philippines has broken diplomatic
relations; and
c. A person who has already been adopted (Art. 339, Civil Code).

Persons who may adopt:

a. Every person of age, who is in full possession of his civil rights. (Art. 334, Civil Code)

Persons who cannot adopt:

a. Those who have legitimate, legitimated, acknowledged natural children or natural
children by legal fiction;
b. The guardian, with respect to the ward, before the final approval of his accounts;
c. A married person, without the consent of the other spouse;
d. Non-resident aliens,
e. Resident aliens with whose government the Republic of the Philippines has broken
diplomatic relations, and
f. Any person who has been convicted of a crime involving moral turpitude, when the
penalty imposed was six months imprisonment or more (Art. 335, Civil Code).

B. Illegitimate Children – are those who were born out of lawful wedlock or after a competent
time after its dissolution.

1. Natural children:

a. Natural Children (proper) – are those born outside wedlock of parents who, at the time
of the conception of the former, were not disqualified by any impediment to marry each
other (Art. 269, Civil Code).

b. Natural Children by Legal Fiction – are those children born of void marriages or those
born of voidable marriages after the decree of annulment.

Example: A was married with B, his own step-daughter. The marriage is void. A child
was born thereafter. The child is natural by legal fiction.

c. Natural Children by Presumption – are those natural children acknowledged by the

father or the mother separately if the acknowledging parent was legally competent to
contract marriage at the time of conception (Borres and Barza v. Mun. of Panay, 42 Phil.
643).

Example: A, a married woman who is living separately from his husband, had an illicit
relation with B. The child born has been recognized by B to be his own. The child is
considered to be natural by presumption.
 2. Spurious Children – Illegitimate children who are not natural are considered spurious.

a. Adulterous Children – these are children conceived in an act of adultery or concubinage.

b. Sacrilegious Children – these are children born of parents who have been ordained in
sacris. In civil law, there is no such kind of illegitimate children because a priest or a nun
can marry. There is no impediment in law for them to marry. It is only the regulation of
the church that prohibits it. In the Philippines, there is separation between the church
and the state.

3. Incestuous Children – these are children born by parents who are legally incapable of
contracting valid marriage because of their blood relationship as marriage between brothers
and sisters, father and daughter, etc.

4. Manceres Children – these are children conceived by prostitutes. It is very difficult to

determine the father because of the nature of the business.

Civil Liability of Persons Guilty of Crimes Against Chastity:

Art. 345, Revised Penal Code – Persons guilty of rape, seduction or abduction shall also be sentenced:
1. To indemnify the offended woman.
2. To acknowledge the offspring, unless the law should prevent him from so doing.
3. In every case to support the offspring.

The adulterer and the concubine in the case provided for in articles 333 and 334 may also be
sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to
the offended spouse.

In cases of multiple abused is married, the child born subsequently cannot be recognize the
offspring as it is impossible to determine the paternity of the child (People v. Pedro de Leon, et. al., G.R.
No. L-2094).

If the woman abused is married, the child born subsequently cannot be recognized by the offender
(People v. Sanico, C.A. 46 O.G. 98) and if the woman who was raped was married and pregnant, the child
born thereafter cannot be recognized and support cannot be demanded from the offender. The reason
behind is that to allow the offender to give support and recognize the offspring will allow the offender
to periodically visit the home of the offended party in order to comply with his duty and it will enhance
disturbance in the family who are living in peace and tranquillity (U.S. v. Yambao, 4 Phil. 204).

EVIDENCE OF PATERNITY AND FILIATION

A. Medical Evidences

1. Paterntal Likeness:

Heredity transmits traits and characteristics from parents to the offsprings. There must be
some gross manifestation of the children which may be in common with the father.

The following points may be considered by the examining physician to determine physically
whether paternity and filiation exists between persons in question:

a. General feature e. Gait, speech, and movement

b. Manner of geture f. Color and texture of the hair
c. Personal peculiarities g. Color of the eyes
d. Personal deformities h. General built and size

2. Blood Grouping Test

The fact that the blood type of the child is a possible product of the parents, does not
conclusively show that the child is born by such parents. But, if the blood type of the child is not
the possible blood type when the bloods of the parents are cross-matched, it shows definitely
that the child is not that of the husband. A positive result is not conclusive, but a negative result
is conclusive.
 3. Evidences from the Mother

a. Proofs of Previous Delivery – the supposed mother may be subjected to an examination

to determine the presence of signs of previous child birth and which are compatible
with the age of the child.
b. Proofs of Physical Potency and Fertility – although it is difficult to determine the
physical potency in women inasmuch as a woman is a passive subject to a sexual act,
the woman may be manifesting some acquired or congenital defect wherein impotency
may be inferred. Atresia of the vaginal canal, imperforate hymen, etc. may be present.
Fertility may be inferred from the presence of other pregnancies and the absence of
organic abnormalities of the generative system.
c. Proof of Capacity to have Access with the Husband – a general physical examination of
the woman is necessary to determine whether she is physically capable of having sexual
intercourse with her husband.

4. Evidences from the Father

a. Proof of Physical Potency and Fertility – medical examination must be done whether
the husband is capable of erection. A quantitative and qualitative examination of
spermatozoa in the seminal fluid is necessary to determine fertility. The presence of
disease, congenital or acquired abnormalities, etc. may be factors that may bring about
impotency or sterility.
b. Proof of Access – the physician must determine the health and vigor of the father, the
presence of disease, which may bring about his incapacity to perform sexual
intercourse.

B. Non-Medical Evidences:
1. Record of birth in the Civil Registrar, or by an authentic document or a final judgment (Art.
265, Civil Code).
2. Continuous possession of the status of a legitimate child (Art. 266, Civil Code).
3. Any other evidences allowed by the Rules of Court and special laws (Art. 267, Civil Code).