In Philippine jurisprudence, the status of a child is a matter of public policy, governed primarily by Executive Order No. 209, otherwise known as the Family Code of the Philippines. The law distinguishes between "legitimate" and "illegitimate" children, attaching specific rights, obligations, and legal presumptions to the status of legitimacy.
I. Definition and Determination of Legitimacy
Under Article 164 of the Family Code, children are considered legitimate if they are:
- Conceived or born during the marriage of the parents;
- Conceived through artificial insemination, provided that both 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 Presumption of Legitimacy
The law leans heavily in favor of legitimacy to protect the child's status within the family. Even if a marriage is declared voidable (and subsequently annulled) or is void under Article 36 (psychological incapacity) or Article 53 (failure to record partition/distribution of properties of a previous marriage), children conceived or born before the judgment of absolute nullity or annulment are still considered legitimate.
II. Rights of Legitimate Children
Pursuant to Article 174, legitimate children possess a specific bundle of legal rights that ensure their welfare and integration into the family unit:
- Right to a Name: The right to bear the surnames of the father and the mother, typically following the convention of [First Name] [Mother's Maiden Surname] [Father's Surname].
- Right to Support: The right to receive support from their parents, ascendants, and in certain cases, siblings. Under Article 194, support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation.
- Right to Legititime (Succession): The right to inherit from their parents and other ascendants. Legitimate children are "compulsory heirs," meaning they cannot be deprived of their legititime (the part of the testator's property reserved by law) without a valid legal disinheritance.
III. Proof of Filiation
The filiation (the legal relationship between child and parent) of legitimate children is established by any of the following under Article 172:
- The record of birth appearing in the civil register or a final judgment;
- An admission of legitimate filiation in a public document or a private handwritten instrument signed by the parent concerned.
In the absence of the above, filiation may be proved by the open and continuous possession of the status of a legitimate child or any other means allowed by the Rules of Court and special laws (e.g., DNA testing).
IV. Impugning Legitimacy
Legitimacy is not absolute but is highly protected. Only the husband (or, in exceptional cases, his heirs) can impugn the legitimacy of a child. Under Article 166, this can only be done on specific grounds:
- Physical impossibility of the husband to have sexual intercourse with his wife within the first 120 days of the 300 days immediately preceding the birth (e.g., due to physical incapacity, imprisonment, or living in different countries).
- Proof that for biological or other scientific reasons, the child could not have been that of the husband.
- In cases of artificial insemination, if the written authorization/ratification was obtained through mistake, fraud, violence, intimidation, or undue influence.
Statute of Limitations: The action to impugn legitimacy must be brought within one year from knowledge of the birth or its recording in the civil register if the husband resides in the municipality where the birth took place; two years if he resides elsewhere in the Philippines; and three years if he resides abroad.
V. Parental Authority (Patria Potestas)
Legitimate children are under the joint parental authority of their father and mother. In case of disagreement, the father's decision prevails unless there is a judicial order to the contrary. This authority includes the duty to keep the children in their company, support them, and provide for their moral and spiritual formation.
Summary Table: Rights Comparison
| Right | Legitimate Children |
|---|---|
| Surname | Father’s Surname (Mandatory) |
| Support | Full support from parents and ascendants |
| Inheritance | Entitled to full legititime (1/2 of the estate divided among siblings) |
| Custody | Joint parental authority by both parents |