In the Philippines, the legal status of a child is governed by the Family Code of 1987. The law places a heavy emphasis on the sanctity of marriage, which creates a strong legal presumption regarding the paternity and filiation of children born within its duration.
When a child is born to a mother who is legally married, but the biological father is someone other than the legal husband, complex legal implications arise regarding the child's status, rights, and the process of rectification.
1. The Presumption of Legitimacy
The foundational principle in Philippine law is the presumption of legitimacy. Under Article 164 of the Family Code, children conceived or born during the marriage of the parents are presumed legitimate.
- The "Pater Is Est" Rule: This follows the Roman law principle pater is est quem nuptiae demonstrant (the father is he whom the marriage indicates). Even if the mother declares that the husband is not the father, or even if she is involved in an extramarital affair, the law initially recognizes the husband as the legal father.
- Physical Impossibility: This presumption is so strong that it can only be overthrown by proving that it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days immediately preceding the birth of the child.
2. The Rule on Impugning Filiation
A child born to a married woman is legitimate by operation of law. This status remains until it is successfully "impugned" or challenged in a court of justice.
- Who Can Impugn: Only the husband or, in exceptional cases (such as his death or insanity), his heirs have the legal standing to challenge the child’s legitimacy.
- The Mother’s Limitation: Paradoxically, the mother cannot deny the legitimacy of her own child to favor her paramour or the biological father. This is intended to protect the child's status and prevent the child from being declared illegitimate based solely on the mother's declaration.
- The Biological Father’s Limitation: The biological father has no legal standing to file a case to claim the child as his own if the child is already presumed legitimate under an existing marriage.
3. Prescription Periods
The law imposes strict deadlines for filing an action to impugn the child’s legitimacy (Article 170):
- One year from the knowledge of the birth or its recording in the civil register, if the husband resides in the same municipality as the birth.
- Two years, if the husband resides in a different municipality within the Philippines.
- Three years, if the husband resides abroad.
4. Legal Consequences of the Presumed Status
Until the status is successfully impugned in court, the following legal realities apply:
- Surname: The child is legally required to use the surname of the mother's husband.
- Support: The husband is legally obligated to provide support for the child.
- Succession: The child remains a compulsory heir of the husband and is entitled to a legitime (a reserved portion of the estate) equal to that of other legitimate children.
- Parental Authority: The husband exercises parental authority over the child.
5. Correcting the Birth Certificate
In many instances, mothers attempt to register the child using the biological father's surname or leave the father's name blank while still being legally married to another man.
- Void Registrations: If the mother is married, the Local Civil Registrar is generally prohibited from recording a different man as the father on the Birth Certificate without a court order.
- Administrative vs. Judicial: Errors in the birth certificate regarding paternity in these cases cannot be corrected through a simple administrative process (under R.A. 9048). It requires a Petition for Cancellation or Correction of Entries in the Civil Registry under Rule 108 of the Rules of Court, often joined with an action to impugn legitimacy.
6. The "quasi-posthumous" child (Article 168)
If a marriage is terminated (by death or annulment) and the mother remarries, the status of a child born shortly after depends on the timing:
- Born within 180 days after the second marriage: The child is generally presumed to have been conceived during the first marriage.
- Born after 180 days after the second marriage: The child is generally presumed to have been conceived during the second marriage.
Summary of Rights
| Aspect | Status Under the Law |
|---|---|
| Primary Status | Legitimate (attributed to the husband) |
| Right to Surname | Surname of the husband |
| Inheritance | Full rights as a legitimate heir of the husband |
| Biological Father | No legal rights or obligations until legitimacy is impugned |
The Philippine legal system prioritizes the "best interests of the child," interpreting this as the preservation of a stable, legitimate status whenever possible, even at the expense of biological accuracy, unless the specific legal procedures for impugning that status are followed strictly.