What Are The Rights Of An Illegitimate Child In The Philippines?

This study will discuss the laws and regulations in the Philippines regarding illegitimate children. In the Philippines, what are the rights of an illegitimate child? What are the regulations that apply to an illegitimate kid in terms of financial assistance from their father and the ability to use his surname?

The subject of family is a sensitive and vital one for Filipinos. Filipinos are noted for having deep and strong familial bonds as a race. When it comes to our family, we place the highest priority and hold it in the highest esteem.

The issue of an illegitimate child in the Philippines is a crucial one in this regard. It is clear that this subject has touched a nerve among Filipinos. This is a problem faced by a large number of Filipino households. It’s so common that even significant narratives based in the Philippines utilize it over and over again.

Filipino children’s rights, whether born in wedlock or out of wedlock, must be equally safeguarded and provided rights as promised by our laws. Because, as a signatory to the United Nations Convention on the Rights of the Child, the Philippines and the Philippine government are bound to guarantee that the child’s best interests are the first priority in all activities affecting their welfare and future.

What are the rights of an illegitimate child in the Philippines?

There are three main contentions when it comes to the rights of an illegitimate child in the Philippines.

Use of the father’s surname

Illegitimate children must use their mother’s surname. They are not axiomatically allowed to use their father’s surname. Under Republic Act [RA] No. 9225,¹ illegitimate children will only be permitted to bear their father’s surname in the following circumstances:

(a) if their illegitimate filiation has been expressly recognized by the patriarch through the record of birth appearing within the civil register; or²

(b) or when an admission of paternity is formed by the putative father during a public document or private handwritten instrument.²

As a result, it appears that illegitimate children could be allowed to use their putative father’s surname as long as filiation is frequently established through the use of evidence listed in the first paragraph of Article 172 of the Family Code, rather than having to establish filiation during a legal proceeding.

In other words, an illegitimate child may not be permitted to use the patriarch’s surname if none of the evidence listed in the first paragraph is present, and illegitimate filiation is proven only via the use of evidence listed in the second paragraph of article 172. In the latter circumstance, the general norm specified in article 176 will apply, in which case the illegitimate child will use the mother’s surname.

These are clearly provided in the Family Code with the following provisions:

Article 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.³

The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)⁴

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. (287a) (as amended by Republic Act [RA] No. 9255)⁵

Support of the illegitimate children

Illegitimate children are likewise entitled to support from their parents. However, only the separate property of the person obliged to offer support shall be answerable.

Under the Family Code, it provides that:

Art. 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceding article:⁶

(1) The spouses;⁴

(2) Legitimate ascendants and descendants;⁴

(3) Parents and their legitimate children and the legitimate and illegitimate children of the latter;⁴

(4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and⁴

(5) Legitimate brothers and sisters, whether of full or half-blood (291a)⁴

As long as just in case the obligor has no separate property, the absolutely community or the conjugal partnership, if financially capable, shall advance the support. However, the same shall be deducted from the share of the spouse obliged upon the liquidation of the absolutely community or of the conjugal partnership.⁷

Succession

Illegitimate children also are compulsory and legal heirs, with reference to their parents. The legitime of every bastard shall contains one-half of the legitime of a legitimate child. Which is substantiated by the following provisions of the New Civil Code of the Philippines, to wit:

Subsection 3. Illegitimate Children

Article 988. In the absence of legitimate descendants or ascendants, the illegitimate children shall succeed to the entire estate of the deceased. (939a)⁸

Article 989. If, together with illegitimate children, there should survive descendants of another illegitimate child who is dead, the former shall succeed in their own right and the latter by right of representation. (940a)⁹

Article 990. The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants, who shall inherit by right of representation from their deceased grandparent. (941a)¹⁰

Article 991. If legitimate ascendants are left, the illegitimate children shall divide the inheritance with them, taking one-half of the estate, whatever be the number of the ascendants or of the illegitimate children. (942, 841a)¹¹

Article 992. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother; nor shall such children or relatives inherit in the same manner from the illegitimate child. (943a)¹²

Article 993. If an illegitimate child should die without issue, either legitimate or illegitimate, his father or mother shall succeed to his entire estate; and if the child’s filiation is duly proved as to both parents, who are both living, they shall inherit from him share and share alike. (944a)¹³

Article 994. In default of the father or mother, an illegitimate child shall be succeeded by his or her surviving spouse who shall be entitled to the entire estate.¹⁴

If the widow or widower should survive with brothers and sisters, nephews and nieces, she or he shall inherit one-half of the estate, and the latter the other half. (945a)¹⁵

Individuality of illegitimate child’s rights

The uniqueness of these rights is further evidenced by Republic Act (RA) 9255, revising Article 176 of the Family Code, which states that:

“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. xxx”¹⁶

Nevertheless, it must be emphasized that illegitimate children must establish their filiation with their father in order for them to lawfully invoke their right to receive support. Again, since the right to receive support is distinct from the right to use their father’s surname, they are not bound to use the surname of their father. The choice to use their father’s surname is left on the sole discretion of said children when they have been recognized accordingly.

As stated by the Supreme Court in the case of Grande vs Antonio ¹⁷:

“To conclude, the use of the word “shall” in the IRR of RA 9255 is of no moment. The clear, unambiguous, and unequivocal use of “may” in Art. 176 rendering the use of an illegitimate father’s surname discretionary controls, and illegitimate children are given the choice on the surnames by which they will be known.”¹⁸

Can an illegitimate child receive inheritance? Up to what shares in the inheritance?

Illegitimate child can receive an inheritance. Illegitimate children are considered as compulsory heirs. They are categorized as compulsory heirs since the testator cannot disregard them. Illegitimate children are therefore entitled to their legitime.

Legitime is that a part of the testator’s property which he cannot eliminate because the law has reserved it surely heirs who are, therefore, called compulsory heirs as provided for in Article 886 of the New Civil Code of the Philippines.

Pursuant to Article 895 of the New Civil Code of the Philippines, the legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator, as long as in no case shall the entire legitime of such illegitimate children exceed that free portion, which the legitime of the surviving spouse must first be fully satisfied.

Settled is the rule that a bastard is entitled to one-half (1/2) of the share of a legitimate child (Articles 895 and 983 of the New Civil Code of the Philippines provides). Therefore, the law doesn’t treat legitimate and illegitimate children similarly insofar as inheritance cares.

Which is why there are bills being proposed in congress to address this inequity amongst the legitimate and illegitimate children.

Can illegitimate child use his father’s surname? 

Settled is that the rule, that illegitimate children shall use the surname of their mother. But, as an exception thereof, illegitimate children are given the choice to use the surname of their father if the latter recognizes them within the way laid down by law. This is in line with the provisions of Republic Act 9255, which amended Article 176 of the Family Code of the Philippines. As stated therein:

“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”.¹⁶

Hence, it is further stated that illegitimate children could also be allowed to use the surname of their putative father as long as filiation are often established through the utilization of evidence mentioned within the first paragraph of article 172 of the Family Code, but without need of building such filiation during a litigation.

In other words, if none of the evidence mentioned within the first paragraph are often presented and illegitimate filiation is established only through the utilization of evidence mentioned within the second paragraph of article 172, a bastard might not be allowed to use the surname of the patriarch. within the latter scenario, it’s the overall rule stated in article 176 that shall apply, during which case, such bastard shall use the surname of the mother.

How can an illegitimate child prove his filiation to his father?

Filiation of an illegitimate child to his father can be proven through the following case decided by the Supreme Court. In the case of Aguilar vs. Siasat ¹⁹, the Supreme Court ruled on how filiation must be proved, stating therein:

“The filiation of illegitimate children, like legitimate children, is established by (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. In the absence thereof, filiation shall be proved by (1) the open and continuous possession of the status of a legitimate child; or (2) any other means allowed by the Rules of Court and special laws.²⁰

The due recognition of an illegitimate child in a record of birth, a will, a statement before a court of record, or in any authentic writing is, in itself, a consummated act of acknowledgment of the child, and no further court action is required.²⁰

In fact, any authentic writing is treated not just a ground for compulsory recognition; it is in itself a voluntary recognition that does not require a separate action for judicial approval.²⁰

Where, instead, a claim for recognition is predicated on other evidence merely tending to prove paternity, i.e., outside of a record of birth, a will, a statement before a court of record or an authentic writing, judicial action within the applicable statute of limitations is essential in order to establish the child’s acknowledgment.”²⁰

Thus, the paternity or filiation, or the lack of it, is a relationship that must be settled and established judicially and it is for the court to declare its existence or absence. Hence, it cannot be left to the will or agreement of the parties. It is therefore a serious matter that must be resolved according to the requirements of the law.

What is the difference between acknowledge natural child and spurious child? Are they both considered illegitimate child?

Under the Family Code (Art. 165), children conceived and born outside a legitimate marriage are illegitimate.²¹ They’re born outside of a legal marriage either as a result of torrid romances between lovers who aren’t disqualified to marry but can’t wait to get married before doing so; or as a result of a forbidden but equally torrid romance between two people who are ineligible to marry each other due to certain legal impediments (like being already married to another).

The primary class of illegitimate children are called natural because they’re usually the natural results of the parents’ abiding love for every other that holds a promise to the altar. The second category of illegitimates are called spurious because they’re the results of the parents’ make and deceitful love that holds no promise in the least.

The Family Code has practically erased the distinction between natural and spurious children and included both under the only classification of illegitimate children who, as mentioned, are entitled:

1] To use the mother’s surname

2] To support or to everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation

3] To inherit a legitime consisting of one-half of the legitime of a legitimate child

Nonetheless, distinguishing natural from spurious children among the illegitimate class remains important due to the proper of legitimation that pertains only to natural children. (Art. 177, Family Code).

Legitimation²² is a remedy by means of which those that weren’t actually born in wedlock and will therefore be considered as illegitimate children, are by fiction considered to be legitimate, it being supposed that they were born when their parents were married.

It takes place by the next marriage of the oldsters who are precisely not disqualified by any impediment to marry one another once their offspring has been conceived by the mother ²³ as long as they acknowledge such child either before or after the wedding celebration which can happen either before or after the birth of the kid.

Can the putative father impugn the illegitimacy of his purported illegitimate child?

The rule is well-established that challenging and impugning the child’s legitimacy may be a totally personal prerogative of the husband, as a rule. The reason for this is that he is the one who is immediately confronted with the controversy and mockery that the wife’s infidelity causes.

In light of the moral and financial stakes, the husband-father should be the one to decide whether to conceal or reveal the adultery. His successors are only authorized to question his legitimacy in extraordinary circumstances.

Under article 171 of the Code, the heirs may, exceptionally, be allowed to impugn the kid ‘s legitimacy within the following instances:

(1) if the husband should die before the expiration of the amount fixed for bringing his action;²⁴

(2) if the husband should die after the filing of the complaint without having desisted therefrom; or⁴

(3) if the child was born after the death of the husband.⁴

Outside of those cases, none even the husband’s heirs can impugn legitimacy; that might amount to an insult to his memory.” In other words, the kid himself cannot choose his own filiation. If the husband, presumed to be the father doesn’t impugn the legitimacy of the kid.

The kid’s status is then determined, and he cannot choose to be the child of his mother’s claimed paramour. On the other hand, if the assumption of legitimacy is overturned, the child will be unable to choose the paternity of the husband who successfully negated the presumption.

Final Thoughts 

Finally, an illegitimate kid’s rights are just as vital as those of a legitimate child. Children’s rights must be respected equally, whether they are born within or outside of marriage. Under Philippine law, an illegitimate child has rights ranging from the use of a father’s surname to support and intestate succession, with greater extent, legitime.

In fact, a bill was file in congress which sought to amend Executive Order No. 209, series of 1987, as amended, otherwise known as the Family Code of the Philippines. Discussing briefly the gist of the bill, it states that:

“In terms of inheritance, for instance, the illegitimate child is only entitled to one-half of the inheritance of a legitimate child. This bill seeks to address such inequality before the law, ensuring that all their rights are equally protected”.

“Further, it provides for the rights of children conceived through traditional and gestational altruistic surgery, an area that is not clearly regulated and this bill seeks to remedy that lack of clarity”.

As mentioned in this research, the Philippines being a signatory of the United Nations Convention on the Rights of the Child, the Philippine government is obligated to ensure that the best interests of the child must be the primary consideration in all actions concerning their welfare and future.

Whether a child is a legitimate or illegitimate one, there should be equity of the laws as guaranteed by our Fundamental Law.

1. RA 9225[↩]
2. Id.[↩][↩]
3. Article 175, Family Code of the Philippines[↩]
4. Id.[↩][↩][↩][↩][↩][↩][↩][↩]
5. Section 1, RA No. 9225[↩]
6. Article 195, Family Code[↩]
7. Article 197, Family Code[↩]
8. Article 988, Civil Code[↩]
9. Article 989, Id.[↩]
10. Article 990, Id.[↩]
11. Article 991, Id.[↩]
12. Article 992, Id.[↩]
13. Article 993, Id.[↩]
14. Article 994, Id.[↩]
15. Id.[↩]
16. Supra., RA 9925[↩][↩]
17. G. R. No. 206248, Feb. 18, 2014[↩]
18. Ibid.[↩]
19. G.R. No. 200169, January 28, 2015[↩]
20. Ibid.[↩][↩][↩][↩]
21. Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. [Family Code][↩]
22. Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation. [Family Code][↩]
23. Article 178, Family Code[↩]
24. Article 171, Family Code[↩]