Main Topic: PATERNITY AND FILIATION
Sub-topic: LEGITIMATE CHILDREN
Art. 257. Should the wife commit adultery at or about the time of the conception of the child, but there was no physical impossibility of access between her and her husband as set forth in Article 255, the child is prima facie presumed to be illegitimate if it appears highly improbable, for ethnic reasons, that the child is that of the husband. For the purposes of this article, the wife's adultery need not be proved in a criminal case. (n) DISCUSSION/EXPLANATION:
Under the above article, the mother need not prove in a criminal case. The above article use biological reasons. The Article 257 of the Civil Code of the Philippines had infringement requirements: There simplified requirement without giving much importance to the adultery of that the wife might have committed. It is enough that the evidence may be presented for “biological reasons”, the child could not have been that of the husband. Expert medical testimony may be presented.
Example: Blood grouping test can be establish conclusively that the man is not the father of the child but not necessarily that the man is the father of the particulars child. It may have some probative value if the blood type and the combination in the child is rare. Thus, it is now up to the discretion of the judge whether to admit the results.
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