Main Topic: PATERNITY AND FILIATION
Sub-topic: LEGITIMATE CHILDREN
Art. 261. There is no presumption of legitimacy or illegitimacy of a child born after three hundred days following the dissolution of the marriage or the separation of the spouses. Whoever alleges the legitimacy or the illegitimacy of such child must prove his allegation. (n)
DISCUSSION/EXPLANATION:
There is no presumptive rule on a child born after three hundred (300) days following the termination of marriage. Whoever alleges such illegitimacy must prove the same. This rule can be considered an exemption to the basic rule set forth in the article 164 that” children conceived or born during the marriage of the parents are legitimate.”
DISCUSSION/EXPLANATION:
There is no presumptive rule on a child born after three hundred (300) days following the termination of marriage. Whoever alleges such illegitimacy must prove the same. This rule can be considered an exemption to the basic rule set forth in the article 164 that” children conceived or born during the marriage of the parents are legitimate.”
It may turn out however, that the parents of such child (the spouses in the subsequent marriage), may recognize the child as their own and proof of filiation in any of the ways set set forth in article 172, may thus be availed of to show legitimacy of the child(as a legitimate child of the subsequent marriage) when this is questioned by other heirs or interested parties. The situation may be reversed, where the child is recognized as his own by the former spouse marriage with whom was terminated and such termination give rise to the subsequent marriage. If the legitimacy of such child is not impugned within the period stated in article 170, then the claim of legitimacy may amount to presumption of legitimacy. The child may claim legitimacy under article 173.
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