Filiation: Meaning
Quick answer
Filiation is the legal relationship between a child and his or her father or mother. Under Article 163 of the Family Code, filiation may be by nature or by adoption, and natural filiation may be legitimate or illegitimate. Filiation decides a child's surname, support and inheritance rights, so the law sets rules on how it is proved.
Also called: Paternity, Legitimate filiation, Illegitimate filiation
What kinds of filiation are there?
- Legitimate: under Article 164, children conceived or born during the marriage of the parents are legitimate. See Article 164.
- Illegitimate: under Article 165, children conceived and born outside a valid marriage are illegitimate, unless the Code provides otherwise. Their rights are in Article 176.
- By adoption: Article 163 also recognizes filiation by adoption, which follows its own laws.
An illegitimate child may become legitimate through legitimation when the parents later marry, if the conditions of the law are met.
How is filiation proved?
Article 172 lists the main proof:
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.
Without this proof, the second paragraph allows 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. See Article 172.
In Aguilar v. Siasat (2015), the father's sworn SSS form naming the claimant as his son was enough proof under Article 172. But in Salas v. Matusalem (2013), an unsigned birth certificate, a baptismal certificate, unsigned notes and photos did not prove filiation. The Court said filiation must be established by clear and convincing evidence.
How does an illegitimate child prove filiation?
Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.
When the claim rests on the evidence in the second paragraph of Article 172, such as open and continuous possession of status, the action must be brought during the lifetime of the alleged parent. See Article 175.
Can DNA be used?
Yes. In Herrera v. Alba (2005), the Supreme Court held that DNA analysis is admissible in a paternity case. In Lucas v. Lucas (2011), it said that a person asking for a DNA test must first present prima facie evidence or a reasonable possibility of paternity, and that ordering the test remains up to the court.
Who can question a child's legitimacy?
Only the husband, or in some cases his heirs, and only on the grounds of Article 166 and within the periods the Code sets. In Concepcion v. Court of Appeals (2005), the Supreme Court said that "a minor cannot be deprived of his/her legitimate status on the bare declaration of the mother and/or even much less, the supposed father." See Can a husband deny paternity?.
Example
Made-up illustration: Bea's father Cesar signed her birth certificate, so the record of birth proves her filiation. Dino was born outside marriage. His father did not sign his birth certificate and never wrote anything admitting he is the father. Dino must prove filiation with other evidence, such as witnesses or DNA, and must file while the alleged father is alive.
For the steps, see How to prove paternity and the PSA birth certificate guide.
Which provisions use this term?
- Article 172, Family CodeProof of legitimate filiation
- Article 175, Family CodeProof of illegitimate filiation
- Article 164, Family CodeWho are legitimate children
- Article 166, Family CodeGrounds to impugn legitimacy
- Article 176, Family CodeIllegitimate children: surname, parental authority, legitime
- Article 163, Family CodeNatural and adoptive filiation
Frequently asked questions
What does filiation mean?
It is the legal relationship between a child and his or her parent. Under Article 163 of the Family Code, filiation may be by nature or by adoption, and natural filiation may be legitimate or illegitimate.
How is filiation proved?
Article 172 lists the main 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, other evidence is allowed, such as open and continuous possession of the status of a child.
How does an illegitimate child prove filiation?
In the same way and on the same evidence as a legitimate child (Article 175). If the claim rests on the other evidence in the second paragraph of Article 172, the case must be filed during the lifetime of the alleged parent.
Is a birth certificate enough to prove who the father is?
Only if the father took part in it. In Perla v. Baring (2012), the Supreme Court held that a birth certificate the alleged father had not signed had no probative value to prove filiation.
Can a court order a DNA test?
Yes. In Herrera v. Alba (2005), the Supreme Court held DNA analysis admissible in a paternity case. 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 decides whether to order the test.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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