All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ N. Paternity and Filiation ▸ 2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169 ▸ d. Action to Impugn Legitimacy - Family Code, arts. 166 and 170-171

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Legitimate and Illegitimate Children - Action to Impugn Legitimacy

Maricar and Eduardo got married in 2005 and had two children, Miguel and Sofia. After 10 years of marriage, Maricar discovers that Eduardo had an affair and fathered a child named Andrea with another woman. Maricar is distraught and wants to question the legitimacy of Andrea and protect the rights of Miguel and Sofia as legitimate children.

Based on the provisions of the Family Code, particularly on the topic of Action to Impugn Legitimacy under Articles 166 and 170-171, answer the following:

What is the definition of an action to impugn legitimacy?
What are the grounds for impugning the legitimacy of a child?
Can Maricar file an action to impugn the legitimacy of Andrea? Explain your answer.
If Maricar's action to impugn Andrea's legitimacy is successful, what are the legal consequences regarding the rights of Miguel and Sofia?
Discuss the procedure and requirements for filing an action to impugn legitimacy.

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