Practice question
A child seeks judicial determination of true filiation involving a different alleged biological father. The case presents the type of qualified inquiry discussed in Yap, with a request to prove a statutory basis to overcome marital filiation. The opponent demands categorical dismissal solely because only a husband can ever question the presumption. Which is closest to Yap’s MAIN ruling?
- The court must consider the qualified true-filiation inquiry, while requiring the existing presumption to be overcome by sufficient proof
- The child automatically wins on an allegation alone
- Every collateral attack by any stranger is automatically allowed
- The presumption never needs to be addressed
- The alleged biological father’s surname alone is conclusive
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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