Main Topic: PATERNITY AND FILIATION
Sub-topic: LEGITIMATE CHILDREN
Art. 259. If the marriage is dissolved by the death of the husband, and the mother contracted another marriage within three hundred days following such death, these rules shall govern:
(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is disputably presumed to have been conceived during the former marriage, provided it be born within three hundred days after the death of the former husband:
(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is prima facie presumed to have been conceived during such marriage, even though it be born within the three hundred days after the death of the former husband. (n)
DISCUSSION/EXPLANATION:
The situation above is that the woman who within 300 days after termination of her marriage, would contract another marriage and then gives birth to a child, thereby creating the problem of determining whether the child is of the previous or subsequent marriage.
Note the words” in the absence of proof to the contrary” making the rules in (1) and (2) merely disputable presumptions, thereby subject to rebuttal by interested parties by proof, scientific, biological or otherwise, to establish convincingly the real parentage or filiation of the child. The words” before” or “after” preceding 180 days would rather, adopt a legal but restrictive or arbitrary rule. It will suffice only if no interested parties’ raise any question or issue out of it.
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