Main Topic: PATERNITY AND FILIATION
Introduction And Discussion:
In our Civil Law, Paternity is the civil status of the father with in respect to the children begotten by him. Filiation is the civil status or relationship of the child to his mother or father.
Under the above article, Filiation may be by nature (by blood) or by adoption (by law). Whether it is by blood or by law, it does not exactly set forth a wall of separation between the terms because ones a legitimate child (related to him by blood) can be adopted by father or mother.
There are three kinds of children in the family code:
(a) Legitimate children which shall include those who are the result of artificial insemination and legitimated children
(b) Adopted children
(c) Illegitimate children
Definition of Legitimate Child
- One conceived or born during the marriage of parents unless its status is impugned for causes provided by law.
- One conceived or born during the marriage of parents unless its status is impugned for causes provided by law.
Sub-topic: LEGITIMATE CHILDREN
Art. 255. Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate. Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband's having access to his wife within the first one hundred and twenty days of three hundred which preceded the birth of the child.
This physical impossibility may be caused:
(1) By the impotence of the husband;
(2) By the fact that the husband and wife were living separately, in such a way that access was not possible;
(3) By the serious illness of the husband. (108a)
DISCUSSION/EXPLANATION:
DISCUSSION/EXPLANATION:
The above article lays down grounds under which the legitimacy of the child may be impugned (attacked),
In no.1 ground is physical impossibility for the husband to have sexual intercourse with his wife within first 120 days (the period of conception) of the 300days that preceded the birth of the child and the causes for his physical impossibility are set forth in the law (above), namely:
(a) physical incapacity of the husband to have sexual intercourse concededly impotent. Impotence is the inability of the male organ to copulation and perform its proper function,
(b) the fact that husband and the wife are living separately in such a way that they could not have sexual contact as when the husband is living abroad and (c) Serious illness of the husband in such a way that the illness absolutely prevents the husband from having sexual intercourse with the wife.
(a) physical incapacity of the husband to have sexual intercourse concededly impotent. Impotence is the inability of the male organ to copulation and perform its proper function,
(b) the fact that husband and the wife are living separately in such a way that they could not have sexual contact as when the husband is living abroad and (c) Serious illness of the husband in such a way that the illness absolutely prevents the husband from having sexual intercourse with the wife.
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