Article 172 of the Family Code: Proof of legitimate filiation
Status: In force
What does Article 172 say?
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 concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be roved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws.
What does it mean in plain language?
Article 172 of the Family Code says how the filiation of a legitimate child is proved. The main proof is the record of birth in the civil register, a final judgment, or a written admission signed by the parent. Without those, the child may rely on open and continuous possession of the status of a legitimate child, or on any other evidence allowed by the Rules of Court and special laws.
"Filiation" is the legal relationship between a child and a parent. Under Article 175, children born outside marriage prove filiation in the same way and with the same evidence.
How does it work in real life?
Bea: a signed birth certificate
Bea's father Cesar signed her birth certificate. That record of birth is primary proof of her filiation under Article 172(1).
Dino: no signature anywhere
Dino's alleged father did not sign his birth certificate and never wrote anything admitting paternity. Dino has no primary proof, so he must rely on other evidence, such as open and continuous possession of status or witnesses. Photos and an unsigned birth certificate alone are not enough, as in the Salas and Perla cases.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Deadlines. Under Article 173, a legitimate child may file an action to claim legitimacy during his or her lifetime. If the child dies during minority or in a state of insanity, the heirs have five years to file. A case already filed by the child continues even if a party dies.
- Children born outside marriage follow the same rules, with one difference in deadlines: see Article 175.
- A birth record is requested from the PSA. See the guide to the PSA birth certificate online.
- The surname of a child born outside marriage depends on recognition by the father: see Article 176 and can an illegitimate child use the father's surname?
- For a question-and-answer guide, see how to prove who the father is.
What does Article 172 say?
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 concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be roved by: (1) The open and continuous possession of the status of a legitimate child; or (2) Any other means allowed by the Rules of Court and special laws.
The E-Library copy prints "roved" in the second paragraph. Supreme Court decisions quoting the article, such as Herrera v. Alba (2005) and Salas v. Matusalem (2013), read it as "proved".
What is primary proof?
The first paragraph lists the strongest evidence:
- The record of birth in the civil register, or a final judgment declaring the filiation.
- A written admission of filiation by the parent, either in a public document or in a private handwritten instrument, signed by the parent concerned.
In Aguilar v. Siasat (2015), the father's sworn SSS Form E-1, naming the claimant as his son, was enough: the Court said the document by itself is an admission of legitimate filiation in a public document signed by the parent. Quoting an earlier ruling, it added that recognition of a child in a record of birth, a will, a statement before a court of record, or any authentic writing is a consummated act of acknowledgment, and no further court action is required.
What counts and what does not?
The Court has looked closely at the papers people present:
- Unsigned birth certificate. In Perla v. Baring (2012), a birth certificate naming the father had no probative value to prove filiation to him because he had not signed it. The Court said a high standard of proof is required to establish paternity and filiation.
- Baptismal certificate. In the same case, the Court said the father's lack of participation in preparing a baptismal certificate makes it incompetent to prove paternity.
- A note about money. In Nepomuceno v. Lopez (2010), a handwritten note promising monthly support did not contain any statement about the child's filiation, so it was not an admission under Article 172(2). The Court said the writing must be the writing of the putative father himself.
- Photos and affectionate notes. In Salas v. Matusalem (2013), unsigned notes and pictures of the mother and child with the alleged father did not prove filiation. The Court said pictures are inconclusive evidence.
What is the other proof in the second paragraph?
Only when primary proof is missing, filiation may be proved by:
- Open and continuous possession of the status of a legitimate child; or
- Any other means allowed by the Rules of Court and special laws. In Salas v. Matusalem (2013), the Court gave examples: a baptismal certificate, a judicial admission, a family Bible in which the child's name is entered, common reputation about pedigree, admission by silence, testimony of witnesses, and other proof admissible under Rule 130. It said an order for recognition and support must be issued only if filiation is shown by clear and convincing evidence.
DNA evidence is one of these other means. See Article 175.
Frequently asked questions
How is filiation proved under the Family Code?
Article 172 lists the primary proof: the record of birth in the civil register, a final judgment, or an admission of filiation in a public document or a private handwritten instrument signed by the parent. Without these, filiation may be proved by open and continuous possession of status or other means allowed by the Rules of Court and special laws.
Is a birth certificate not signed by the father enough?
Not to prove filiation to the father. In Perla v. Baring (2012), the Supreme Court said a birth certificate naming the father has no probative value to establish filiation to him if he did not sign it.
Can an SSS form signed by the father prove filiation?
In Aguilar v. Siasat (2015), the father's sworn SSS Form E-1 naming the claimant as his son was held to be an admission of legitimate filiation in a public document signed by the parent concerned.
Are photos and baptismal certificates enough?
Not by themselves. In Salas v. Matusalem (2013), the Court said pictures of the mother and child with the alleged father are inconclusive, and in Perla v. Baring (2012) it said a baptismal certificate prepared without the father's participation is incompetent to prove paternity.
Until when can a child file a case to claim legitimacy?
Under Article 173, during the child's lifetime. If the child dies during minority or in a state of insanity, the action passes to the heirs, who have five years to file it.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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