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

Question

Legitimate and Illegitimate Children - Action to Impugn Legitimacy

In a certain family, Maria and Juan got married and had a child named Sofia. After a few years, rumors started circulating that Maria had an affair with another man during their marriage. Juan became suspicious and started doubting the paternity of Sofia.

Meanwhile, Maria passed away due to an illness, leaving Juan with the responsibility of raising Sofia. Wanting to validate Sofia's filiation and protect her rights, Juan decides to take legal action to impugn Sofia's legitimacy.

Based on the Family Code of the Philippines, particularly on the topic of Action to Impugn Legitimacy (Family Code, articles 166 and 170-171):

What is the period within which the action to impugn the legitimacy of a child must be brought?
What are the grounds for impugning legitimacy?
What evidence must be presented to prove the grounds for impugning legitimacy?
Does the death of Maria affect Juan's right to impugn Sofia's legitimacy? Why or why not?

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