Action to establish filiation for illegitimate or nonmarital children, A175p2 Family Code

1. Action to establish filiation for illegitimate or nonmarital children

Art. 175. x x x

The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)

Under the Family Code, when filiation of an illegitimate child is established by a record of birth appearing in the civil register or a final judgment, or an admission of filiation in a public document or a private handwritten instrument signed by the parent concerned, the action for recognition may be brought by the child during his or her lifetime. However, if the action is based upon open and continuous possession of the status of an illegitimate child, or any other means allowed by the rules or special laws, it may only be brought during the lifetime of the alleged parent. (Guy v. CA, G.R. No. 163707, September 15, 2006, Per Ynares-Santiago, J.)