1. Legitime for illegitimate or nonmarital children Article 176. x x x The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. (As amended by R.A. 9255) ### AI Summary ### Notice/Disclaimer: The following is an AI Summary from Google Gemini [2025] as reviewed by legal / J….
Article 176. Illegitimate children x x x shall be entitled to support in conformity with this Code. x x x (As amended by R.A. 9255) Abella v. Cabañero, G.R. No. 206647, August 9, 2017, Per Leonen, J.: • The obligation to give support shall only be demandable from the time the person entitled to it…
1. Parental authority over illegitimate or nonmarital children Article 176. Illegitimate children x x x shall be under the parental authority of their mother x x x (As amended by R.A. 9255) An illegitimate child is under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep…
1. Use of Surname by illegitimate or nonmarital children Article 176. Illegitimate children shall use the surname x x x of their mother x x x 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…
1. Proof of filiation for illegitimate or nonmarital children Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. x x x De Jesus v. The Estate of Decedent Juan Gamboa Dizon, G.R. No. 142877, October 2, 2001, Per Vitug, J.: • The filiation…
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…
1. Concept NB: While the Family Code uses the terms legitimate or illegitimate, the Supreme Court has shifted to using marital children to refer to legitimate children, and nonmarital children to refer to illegitimate children. This is a move away from the pejorative terms of “legitimate” and “illegitimate”. (Supreme Court n.d., ‘SC Revisits “Iron Curtain…
1. Action to claim legitimacy a. Lifetime: Child Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime x x x For a claim of filiation to succeed, it must be made within the period allowed, and supported by the evidence required under the Family Code. (Ara…
1. Proof of Filiation a. Primary Art. 172. The filiation of legitimate children is established by any of the following: (1) The record of birth appearing in the civil register or a final judgment; or (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent…
1. Concept 1) Impugn – means “to assail by words or arguments”. (Merriam-Webster Online Dictionary) 2) Legitimacy – means “the quality or state of being legitimate”. (Merriam-Webster Online Dictionary) 3) Impugning legitimacy – refers to the act of assailing or questioning the status of children as to whether they are marital or nonmarital children. a….