Article 175 of the Family Code: Proof of illegitimate filiation
Status: In force
What does Article 175 say?
Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.
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 parent.
What does it mean in plain language?
Article 175 of the Family Code says a child born outside marriage proves filiation in the same way and with the same evidence as a legitimate child. The deadline depends on the evidence. If the child relies on open and continuous possession of status or on other evidence, the case must be filed while the alleged parent is still alive.
"Illegitimate filiation" is the legal relationship between a child born outside a valid marriage and his or her parent. It matters for the child's surname, support and inheritance.
How does it work in real life?
Dino: filing in time
Dino's alleged father never signed his birth certificate or any admission. Dino plans to rely on witnesses and a DNA test. Under Article 175, he must file while the alleged father is still alive.
Ella: asking for a DNA test
Ella asks the court to order a DNA test. She must first show a prima facie case or a reasonable possibility of paternity, and the court still decides whether to order it, as in the Lucas case.
Gary: the father dies during the case
The alleged father dies while Gary's case is pending. A DNA test may still be possible if biological samples of the father exist, as in the Ong case.
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?
- Once filiation is established, the child is entitled to support (Article 195, Article 194) and may use the father's surname under the conditions of Article 176. Under Article 176, as amended by Republic Act No. 9255, the father also has the right to bring a court action during his lifetime to prove non-filiation.
- An illegitimate child is under the parental authority of the mother. In Briones v. Miguel (2004), the Supreme Court said the father's recognition of the child may be a ground for support but not for custody. See who has custody of an illegitimate child?
- For support, see how much is child support? For the surname, see can an illegitimate child use the father's surname? A birth record is requested from the PSA: see the guide to the PSA birth certificate online.
- For a question-and-answer guide, see how to prove who the father is. On custody of an illegitimate child once filiation is settled, see Briones v. Miguel.
What does Article 175 say?
Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.
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 parent.
What evidence can be used?
The same as in Article 172:
- 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.
- Other proof, when primary proof is missing: open and continuous possession of the status of a child, or any other means allowed by the Rules of Court and special laws.
In Salas v. Matusalem (2013), the Court said an order for recognition and support must be issued only if filiation is established by clear and convincing evidence. An unsigned birth certificate, a baptismal certificate, unsigned notes and photos were not enough in that case.
What is the deadline?
It depends on the evidence:
- Primary proof (birth record, final judgment or signed admission): the period of Article 173 applies. The action may be brought by the child during his or her lifetime; if the child dies during minority or in a state of insanity, the heirs have five years.
- Other proof (open and continuous possession of status, witnesses, DNA and the like): the action may be brought only during the lifetime of the alleged parent.
Can a court order a DNA test?
Yes, under conditions set by the Supreme Court:
- DNA is admissible. In Herrera v. Alba (2005), the Court upheld orders for DNA testing in a paternity case and agreed with the trial court that taking DNA samples from the respondent in a paternity case does not violate the right against self-incrimination. Writing before the Rule on DNA Evidence existed, it also said DNA analysis that excludes the putative father should be conclusive proof of non-paternity.
- A threshold showing first. In Lucas v. Lucas (2011), the Court said that during the hearing on the motion for DNA testing, the petitioner must present prima facie evidence or establish a reasonable possibility of paternity. Even then, ordering the test remains discretionary with the court. The aim is to protect the putative father from mere harassment suits.
- After death. In Estate of Rogelio G. Ong v. Diaz (2007), the Court said the death of the alleged father does not by itself negate DNA testing, as long as appropriate biological samples of his DNA exist.
- Privacy objection. In Agustin v. Court of Appeals (2005), the Court rejected an alleged father's claim that a DNA test order violated his constitutional rights, and said an action to compel recognition may be joined with an action for support.
Which Supreme Court rulings are relevant?
Frequently asked questions
How does an illegitimate child prove who the father is?
In the same way and with the same evidence as a legitimate child under Article 172: the record of birth, a final judgment, or a signed admission by the father; and, without these, open and continuous possession of status or other means allowed by the Rules of Court and special laws.
Is there a deadline to file a case for filiation?
If the claim rests on a birth record, final judgment or signed admission, the period of Article 173 applies: during the child's lifetime, with five years for the heirs in some cases. If it rests on open and continuous possession of status or other evidence, the action must be brought during the lifetime of the alleged parent.
Can a court order a DNA test in a paternity case?
Yes. In Herrera v. Alba (2005), the Supreme Court held DNA analysis admissible in paternity cases. In Lucas v. Lucas (2011), it said the petitioner must first show a prima facie case or a reasonable possibility of paternity, and the court still has discretion whether to order the test.
Can DNA testing be done if the alleged father has died?
In Estate of Rogelio G. Ong v. Diaz (2007), the Court said the death of the alleged father does not by itself rule out DNA testing, as long as appropriate biological samples of his DNA exist.
Can a case for support be joined with a claim of filiation?
In Agustin v. Court of Appeals (2005), the Supreme Court said it was valid for the trial court to integrate an action to compel recognition with an action for support.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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