Parents and Children: Filiation, Support and Parental Authority

Article 163 says filiation may be by nature or by adoption, and natural filiation may be legitimate or illegitimate. The test is the parents' marriage:

So a child conceived before the wedding but born after it is legitimate under Article 164. The Code also keeps some children legitimate even if the marriage later ends: children conceived or born before an annulment, or a nullity for psychological incapacity, becomes final are legitimate (Article 54). See Are children legitimate after an annulment?

A child born before the parents married becomes legitimated by their later valid marriage, if they were not disqualified to marry each other when the child was conceived, or were disqualified only because either or both were below eighteen (Article 177, as amended by Republic Act No. 9858). See How to legitimate a child.

The rules for children born outside marriage are in Article 176. Using the father's surname is a choice, not a duty: in Grande v. Antonio (2014), the Supreme Court ruled that the father cannot force the child to use it. The full comparison, with the time limits for proof, is in Legitimate vs illegitimate child. Shares in an inheritance are in the legitime shares table and Can an illegitimate child inherit?

Article 172 gives two levels of proof:

Without this primary proof, filiation may be shown by open and continuous possession of the status of a child, or by any other means allowed by the Rules of Court and special laws, such as witnesses or DNA evidence. Article 175 applies the same rules to children born outside marriage, with one difference: a case that relies only on the second kind of proof must be filed while the alleged parent is still alive.

The Supreme Court looks closely at the papers. A birth certificate the father did not sign had no value to prove filiation to him in Perla v. Baring (2012), and unsigned notes and photos were not enough in Salas v. Matusalem (2013). See How to prove who the father is and Can a child prove who the father is after he dies?

A husband who wants to deny that his wife's child is his can do so only on the grounds and within the deadlines the Code sets. See Can a husband deny paternity?

Support covers what is indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation (Article 194). Parents and their children, legitimate or illegitimate, are obliged to support each other (Article 195). When several relatives are obliged, the law sets an order:

For a child, the nearest ascendants are the parents. In Lim v. Lim (2009), the Supreme Court said that when the parents cannot give enough support, part of the duty passes to the grandparents on both the father's and the mother's side. See the order of support table and Must grandparents support their grandchildren? The duty also runs the other way: see Must children support their parents?

There is no fixed amount or percentage. Support is in proportion to the giver's resources and the child's needs (Article 201), and it is paid only from the date of a judicial or extrajudicial demand (Article 203). It goes up or down when needs or means change (Article 202); in Lam v. Chua (2004), the Court said a judgment for support does not become final in the usual sense. See How much is child support?, Can child support be increased or reduced? and, while a marriage case is pending, Support during an annulment case and Lim-Lua v. Lua (2013).

Married parents jointly exercise parental authority over their common children. If they separate, the court designates the parent who will exercise it, and the tender-age rule applies:

In Pablo-Gualberto v. Gualberto (2005), the Supreme Court said this rule gives way only to compelling evidence that the mother is unfit, such as neglect, abandonment or maltreatment of the child. For a child over seven, the court takes into account the child's choice, unless the parent chosen is unfit. See Custody of a child under 7 and tender-age presumption.

A child born outside marriage is under the mother's parental authority, even if the father recognized the child (Masbate v. Relucio, 2018). A court may still give the father visitation rights, as in Briones v. Miguel (2004). See Who has custody of an illegitimate child? and Visitation rights of the father.

If one parent dies, the other keeps parental authority. When the parents die, are absent or are unsuitable, the surviving grandparent exercises substitute parental authority (Article 214). A guardian appointed by a court comes first. Without one, Article 216 sets the order:

See Who takes care of a child if both parents die? and substitute parental authority.

Article 220 lists the rights and duties of parents, among them to keep the children in their company, to support, educate and instruct them, to supervise their activities, and to represent them in all matters affecting their interests.

Parents also answer for damage their minor children cause. Under Article 221, parents are civilly liable for injuries and damage caused by their unemancipated children who live with them and are under their authority, subject to the defenses the law allows. In Libi v. Intermediate Appellate Court (1992), the Court said the parents' liability is primary and that the defense is proof of the diligence of a good father of a family. The rule comes from Article 2180 of the Civil Code. See Are parents liable for their child's actions?

Parental authority ends permanently on the death of the parents, the death of the child, or emancipation, which comes at 18 (Article 234, as amended by Republic Act No. 6809). Article 229 lists five more cases, such as adoption and a court declaration of abandonment, in which it ends unless revived by a final judgment. See When does parental authority end? Adoption is now an administrative process under Republic Act No. 11642: see How to adopt a child.

These are made-up examples to show how the rules work. They are not advice for any real case.

Jenny's parents lived together but never married. She is illegitimate under Article 165, uses her mother's surname unless her father recognized her as Article 176 allows, and is under her mother's parental authority. Her father still owes her support.

Bea and her husband earn too little to pay for their children's schooling. Following Lim v. Lim, a court can order the grandparents on both sides to give part of the support, in proportion to their means.

Dino's alleged father never signed his birth certificate or any written admission. Dino plans to rely on witnesses and a DNA test, so under Article 175 the case must be filed while the alleged father is alive.

Get legal help before filing a case for support, custody or recognition, when a parent refuses to give support after a written demand, or when a child's status or surname is disputed. Deadlines to prove filiation can close when a parent dies, and the court decides custody and support on the evidence. If you cannot afford a lawyer, see Free legal help in the Philippines.