Main Topic: PATERNITY AND FILIATION
Sub-topic: LEGITIMATE CHILDREN
Art. 262. The heirs of the husband may impugn the legitimacy of the child only in the following cases:
(1) If the husband should die before the expiration of the period fixed for bringing his action;
(2) If he should die after the filing of the complaint, without having desisted from the same;
(3) If the child was born after the death of the husband. (112)
DISCUSSION/EXPLANATION:
In three cases mentioned above, the husband’s heirs (normally compulsory or interstate heirs) may impugn the legitimacy or filiation of the child. The purpose of impugning the filiation is to give justice and fairness to the lawful heirs and to prevent a stranger from inheriting from the estate of the decedent who has no relationship at all with the child. For a person not a voluntary heir to claim inheritance from a decedent with whom he or she is not related at all is plain unjust enrichment.
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