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Chapter 3. Illegitimate Children All children born of parents who are not united by a valid marriage CC classifications of illegit children: 1. natural: natural: under under CC 269 or born born of parents parents who at the the time of concep conception tion could have validly married. Only the marriage is needed to make them legit. 2. natural natural by leg fiction: fiction: not natural natural but considered considered as acknowled acknowledged ged natural natural children by express provision of law. Generally, born of void marriages. 3. Spuri Spurious ous (fal (false se,, bogus, bogus, fake fake)) a. Adultero Adulterous us – married married person person w/anothe w/anotherr who’s who’s not the spouse spouse b. Incest Incestuou uous s – relat related ed by by blood blood c. Sacrelig Sacreligious ious – by reasons reasons of religiou religious s profession profession are disqua disqualifie lified d to marry (no law re this) d. Mancere Manceres s – born born of prostit prostitutes utes (no (no law law re this) this) FC: no more distinctions except that: 1. kids born born out of wedlock wedlock of parents parents who are actual actually ly legally legally capacita capacitated ted to marry may be legitimated 2. all other other illegitima illegitimate te children children who can’t can’t be legitimat legitimated ed
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Art. 176. Illegitimate children shall use the surname and shall be under the parental parental authorit authority y of their their mother mother,, and shall shall be entitled entitled to support support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a) transgressions transgressions of social conventions committed by parents should not be visited upon children kids are born w/special handicap & law helps them overcome the disadvantages disadvantages due to parents’ misdeeds when mom is not fit, guardian may be appointed by court Chapter 4. Legitimated Children
Legitimation: remedy by means of w/c those who in fact were not born in wedlock & should be considered illegit, are by fiction, considered legit, legit, it being supposed that they were born when their parents were already validly married. married.
Legitimated: Legitimated: illegit who due to subsequent marriage of parents are by leg. Fiction considered legit. Act by w/c quality of a legit child is conferred upon an illegit child. Product of nature & law – law makes legal what exists by nature, unlike in adoption in w/c law creates by fiction a relation w/c did not in fact exist. Takes place w/o prior judicial approval.
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. The action must be brought brought within the same period specified specified in Article 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. parent . (289a) Evidence (172): 1. record record of birth birth w/civ w/civ regist registrar/ rar/final final judgment judgment 2. admiss admissio ion n of legit filiati filiation on in a pub doc/pr doc/priv iv handwri handwritte tten n instru instrume ment nt & signed by concerned parent 3. open & contin continuous uous posse possession ssion of of status status of a legit legit child child 4. other means means allowed allowed by by rules rules of court court & special special laws laws Period for action: 1. action action to claim legitimac legitimacy: y: may be brought brought by child during during his/her his/her lifetime lifetime (173) a. if he/she he/she dies during during minority minority or in state of insanity insanity,, action/rt action/rt shall shall be transmitted to heirs who shall have 5 yrs to institute action b. commenced action shall shall survive survive despite despite death death of either or both parties c. doesn doesn’t ’t prescr prescribe ibe as as long long as he liv lives es d. minor/incapacitated minor/incapacitated or insane: insane: guardian guardian can bring bring action in his behalf e. if child dies after reaching age age of majority majority,, heirs can no longer longer institute action in his behalf f. can’t be given given retroac retroactive tive effect effect to prejudic prejudice e other heirs heirs of putativ putative e parent g. New CC 285: 285: case dismis dismissed sed if allege alleged d dad dies dies during during pendency pendency of case 2. except except for #3-4 of evidence evidence (secondary): (secondary): lifetim lifetime e of alleged alleged parent. parent. Why? Ques if one’s one’s really really the illegit illegit child of a parent. Parent Parent must be given given opportunity to contest action. They’re often born & raised in secrecy w/o legit family’s knowledge. Parent should be given chance to affirm/deny w/c of course he can’t do when h e’s already dead. dead. Investigating paternity: 1. evidence evidence obtainabl obtainable e thru facilitie facilities s of modern medicine medicine & technolog technology y
any laws, laws, acts or declar declaration ations s of a dad about about child’s child’s pedigree pedigree in that child child used to call him “Papa,” his having helped her livelihood, giving her mom money, etc.
Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, former, were not disqualified by any impediment to marry each other may be legitimated. (269a) Doesn’t Doesn’t cover cover kids of adultero adulterous, us, incestuou incestuous, s, & bigamous bigamous marriages, marriages, or of marriages void by reasons of pub policy (FC Art. 38) CC: kids of bigamous marriages who are natural children by leg fiction can be legitimated considering that parents can marry each other upon death of 1 st H/W. Remedy for FC: if they do marry subsequently, they can adopt the child to confer same rts as those of a legit or legitimated child. child. Why not include kids of bigamous & adulterous marriages: 1. destroy destroy rational rationale e of of legit legitimat imation ion 2. unfair unfair to legit legit kids in in terms terms of succe successio ssional nal rts rts 3. prob of pub scandal scandal unless unless social social mores mores chang change e 4. too violent, violent, it will will destroy destroy sancti sanctity ty of marriag marriage e 5. scandalo scandalous us esp if paren parents ts marry marry many yrs after after child’ child’s s birth Inconsistency observed by Tolentino: law places children born of marriages prohibited by law in a better position than those born of same parents who had not violated the provision 1. persons persons married married & those those under under Arts. Arts. 37 & 38: can’t validl validly y marry due due to impediment/disqualifica impediment/disqualification. tion. If they have children, such will remain illegit & can’t be legitimated, even if subsequent to child’s birth parents become qualified to marry.
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but if these disqual disqualifie ified d parents parents had contracte contracted d marriage marriage w/c would would be void void,, chil childr dren en woul would d be cons consid ider ered ed legi legiti tima mate te as per per Art. Art. 54 (conceived/born (conceived/born before final judgment are considered legit) Art. 178. 178. Legitimation shall take place by a subsequent valid marriage between parents. parents. The annulm annulment ent of a voidab voidable le marriage marriage shall not affec affectt the legitimation. legitimation. (270a) CC 270: takes place by subsequent marriage of parents provided that kid was acknowledged before or after the marriage. FC: no recognition needed since status is conferred upon birth. As long as they comply w/Art. 177, they’re considered legitimated upon subsequent marriage of parents regardless of time elapsed from birth to the time of marriage. Void ab initio: no legitimation since marriage doesn’t exist at all. Establish filiation if parties who contract marriage don’t accept child as theirs (ex. Child left in an orphanage orphanage to hide shame shame of being seduced in mom’s mom’s younger years) Art. 179. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a) Bear surnames of dad & mom Receive support from parents, ascendants & in proper cases, bros & sis Legitime & other successional rts granted by law to legit children Art. 180. 180. The effects of legitimation shall retroact to the time of the child's birth. birth. (273a) From CC Art. 273 Most codes make legitimation effective fr date of marriage, but in FC it’s from birth of child in order to protect child esp if parents marry after a very long time has passed Art. 181. 181. The legitimatio legitimation n of children children who died before before the celebra celebration tion of the marriage shall benefit their descendants. descendants. (274) Necessary consequence of Art. 180. Retroactivity allowed precisely to benefit not just the child but even his/her descendants. From CC Art. 274. Rationale: to protect child & his/her descendants since child’s parents may get married many yrs after child’s birth or even after child had already already married married & died leaving leaving behind behind descenda descendants nts who should should benefit benefit fr legitimation of their own deceased parent. Art. 182. 182. Legitimation may be impugned only by those who are prejudiced in their rights, rights, within five years from the time their cause of action accrues. (275a) Prejudice Prejudiced d in their rts: suffer suffer economic economic/mat’l /mat’l injury by legitima legitimation tion like testamentary testamentary or intestate heirs. Creditors Creditors not included included since they only come in when heirs repudiate repudiate their inheritance. Possible grounds: 1. subsequen subsequentt marriage marriage of child’s child’s paren parents ts is void void 2. child allegedl allegedly y legitim legitimated ated is not not natural natural 3. child is not reall really y the child child of alleg alleged ed parent parents s fr time cause of action action accrues: 5 yrs from death death of putative parent. parent. Before that, heirs of the child have no personality to bring action.
