2. Paternity, Filiation, and Legitimacy (RA 9255 and 9858)

8. Paternity and Filiation

a. Concepts of Paternity, Filiation, and Legitimacy b. Legitimate Children i. Who are Legitimate Children ii. Proof and period to establish legitimate filiation iii. Rights of Legitimate Children iv. Standing to Impugn Legitimacy v. Grounds to Impugn Legitimacy vi. Prescriptive periods to impugn legitimacy c. Illegitimate Children i. Who are Illegitimate Children ii. Proof of Filiation of Illegitimate Children iii. Rights of Illegitimate Children – R.A. No. 9255 iv. Grounds to Impugn Filiation d. Legitimated Children i. Who May be Legitimated - R.A. No. 9858 ii. How Legitimation Takes Place iii. Grounds to Impugn Legitimacy

e. Adopted Children - R.A. No. 11642 or the Domestic Administrative Adoption and Alternative Child Care Act i. Who May Adopt ii. Who May be Adopted iii. Administrative Process of Adoption iv. Effects of Adoption v. Rescission of Adoption vi. See R.A. No. 11222 vii. Foundlings; Citizenship Status and Administrative Adoption of Foundlings under R.A. No. 11767

D. Surnames (Civil Code, arts. 364-380; Family Code, arts. 176, 189 and 193; R.A. No. 9048; R.A. No. 10172)

> NCC, Article 364. Legitimate and legitimated children shall principally use the surname of the father.

> NCC, Article 380. Except as provided in the preceding article, no person shall use different names and surnames.

> FC, Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. (As amended by R.A. 9255, Dated Feb. 24, 2004)

> Art. 189. Adoption shall have the following effects:

(1) For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both shall acquire the reciprocal rights and obligations arising from the relationship of parent and child, including the right of the adopted to use the surname of the adopters;

(2) The parental authority of the parents by nature over the adopted shall terminate and be vested in the adopters, except that if the adopter is the spouse of the parent by nature of the adopted, parental authority over the adopted shall be exercised jointly by both spouses; and

(3) The adopted shall remain an intestate heir of his parents and other blood relatives. (39(1)a, (3)a, PD 603)

> Art. 193. If the adopted minor has not reached the age of majority at the time of the judicial rescission of the adoption, the court in the same proceeding shall reinstate the parental authority of the parents by nature, unless the latter are disqualified or incapacitated, in which case the court shall appoint a guardian over the person and property of the minor. If the adopted person is physically or mentally handicapped, the court shall appoint in the same proceeding a guardian over his person or property or both. Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the adopters and the adopted arising from the relationship of parent and child. The adopted shall likewise lose the right to use the surnames of the adopters and shall resume his surname prior to the adoption. The court shall accordingly order the amendment of the records in the proper registries. (42a, PD 603)

> [R.A. No. 9048](/37c8ebc9f005445c85b523e2424ddf0a?pvs=25)

> [R.A. No. 10172](/6cd64791815e47fbabe90dbc91066c7f?pvs=25)

Rule with regard to the use of surname by a child who is:

(1) legitimate; (2) legitimated; (3) adopted; and (4) illegitimate