Spouses B and G begot two offsprings. Albeit they had serious personality differences, the spouses continued to live under one roof. B begot a son by another woman. G also begot a daughter by another man.
If G gives the surname of B to her daughter by another man, what can B do to protect their legitimate children’s interests? Explain. (5%)
If B acquiesces to the use of his surname by G’s daughter by another man, what is/are the consequence/s? Explain. (5%)
Suggested answer only. Not an official answer and not legal advice.
(a) B can file an action to impugn the child's legitimacy. (b) If B acquiesces, the child becomes conclusively presumed legitimate.
Under Articles 164, 166, and 170 of the Family Code, a child born during marriage is presumed legitimate unless the husband impugns legitimacy on biological grounds within the prescriptive period. Expiration of this period renders the child's legitimate status unassailable.
Here, B can protect his legitimate children by filing a direct action to impugn filiation using DNA evidence and correcting birth records. If B acquiesces until prescription sets in, G's daughter will be conclusively presumed legitimate, inheriting equally with his children.
Therefore, B must timely impugn legitimacy to protect his estate, or acquiescence will permanently grant the child legitimate status.
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Quick check
Under Article 164 of the Family Code, what is the legal status of a child born during a valid marriage even if begotten by another man?
Children conceived or born during a valid marriage are legally presumed legitimate until successfully impugned.
Under Article 170 of the Family Code, who possesses primary legal standing to file an action to impugn the legitimacy of a child?
Only the husband, or his heirs under special statutory conditions, has legal standing to impugn a child's legitimacy.
What is the effect if a husband fails to file an action to impugn the legitimacy of a child within the statutory prescriptive period?
Expiration of the prescriptive period without action by the husband makes the child's legitimate status unassailable.
Under Article 166 of the Family Code, which of the following is a recognized ground for a husband to impugn the legitimacy of a child?
Biological impossibility or scientific proof of non-filiation is a valid statutory ground to impugn legitimacy.
If a husband acquiesces to the use of his surname by a child born during marriage but sired by another man, what successional right does the child obtain?
Conclusive legitimate status entitles the child to inherit from the husband's estate as a legitimate compulsory heir.
Learn more about these topics
1. Legitimacy Presumption Rule
Under Article 164 of the Family Code, children conceived or born during the marriage of the parents are presumed legitimate. This presumption arises from the public policy favoring the legitimacy of children and the stability of the family. Even if the mother admits that the child was begotten by another man, the child retains her legitimate status in the eyes of the law unless and until the presumption is successfully overthrown in a direct judicial action brought by the proper party.
2. Impugning Filiation Requirements
Under Article 166 and Article 170 of the Family Code, only the husband, or in exceptional cases his heirs, has legal standing to impugn the legitimacy of a child born during the marriage. Grounded on biological impossibility or modern scientific DNA evidence, the action must be brought strictly within the statutory prescriptive periods ranging from one to three years depending on the husband's residence. No other relative or third party can directly institute a petition to contest the child's legitimate status.
3. Acquiescence Legal Consequences
Under Family Code jurisprudence, if the husband fails to timely file a direct action to impugn the child's legitimacy within the statutory prescriptive period, his right of action extinguishes. The child's legitimate status becomes unassailable, conclusive, and immune to collateral attack. As a consequence, the child acquires all rights of a legitimate child, including the right to bear the husband's surname, receive compulsory support, and inherit equal successional shares from the husband's estate as a compulsory heir.