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Philippine Bar review · Question

Practice question: Proof of Filiation

Multiple Choice Hard Jurisprudence

Practice question

A person brings a Family Code-governed nonmarital-filiation claim after the alleged parent's death. The sole basis is open and continuous possession under Article 172's second paragraph; no first-paragraph proof, timely earlier action or applicable exception exists. The claimant argues that Article 175 always permits filing throughout the child's life regardless of evidence category. Which answer is correct?
  1. The argument overlooks Article 175's special alleged-parent-lifetime rule for the stated second-paragraph basis
  2. Every evidence category has identical timing
  3. The parent's death automatically proves filiation
  4. A surname alone cures every timing defect
  5. No filiation action can ever be filed while a parent lives

Legal references

  • Family Code Articles163–180: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
  • Lucas v. Lucas, GR190710, June6 2011, main decision: https://lawphil.net/judjuris/juri2011/jun2011/gr_190710_2011.html
  • RA9255 amending Article176: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/277

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