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?
- The argument overlooks Article 175's special alleged-parent-lifetime rule for the stated second-paragraph basis
- Every evidence category has identical timing
- The parent's death automatically proves filiation
- A surname alone cures every timing defect
- 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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