Chapter 1: - Page 2 of 2
Legitimate Children
(The Family Code of the Philippines)
- Article 170
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The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded.
If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier. (263a)
- Article 171
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The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases:
- If the husband should died before the expiration of the period fixed for bringing his action;
- If he should die after the filing of the complaint without having desisted therefrom; or
- If the child was born after the death of the husband. (262a)