Practice question
A child is born after the husband’s death. His heirs seek to impugn within the legally available period and satisfy all other requirements. Is171 categorically unavailable solely because the birth was posthumous?
- No;171(3) expressly identifies that circumstance
- Yes, heirs can never act after a posthumous birth
- Yes, the child necessarily has no status
- Yes, death prevents every legal action by heirs
- Yes, only an unrelated neighbor may act
Legal references
- Family Code EO209: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html Articles164,166 and170–171.
- Yap v Yap GR222259 October17,2022 MAIN: https://lawphil.net/judjuris/juri2022/oct2022/gr_222259_2022.html MAIN qualified true-filiation inquiry and need to overcome presumption.
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