Main Topic: PATERNITY AND FILIATION
Sub-topic: LEGITIMATE CHILDREN
Art. 263. The action to impugn the legitimacy of the child shall be brought within one year from the recording of the birth in the Civil Register, if the husband should be in the same place, or in a proper case, any of his heirs.
If he or his heirs are absent, the period shall be eighteen months if they should reside in the Philippines; and two years if abroad. If the birth of the child has been concealed, the term shall be counted from the discovery of the fraud. (113a) DISCUSSION/EXPLANATION:
The above article sets forth the prescriptive period during which the legitimacy of the child may be impugned by the husband or the heirs. Distinguish this from the right to claim legitimacy set forth in article 173 of the Family Code. The action to claim legitimacy may be brought by the child during his or her lifetime, transmissible to his heirs if the child should die during minority or in the state of insanity. The article above does not apply to an action to claim inheritance as legal heirs of the deceased. Upon the expiration of the periods set forth in article 170, and in proper cases article 171, of the Family Code, the action to impugn the legitimacy of a child would no longer be legally feasible and the status conferred by the presumption becomes fix and unassailable.
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