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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 ▸ c. Rights of Illegitimate Children - Family Code, Art. 176 as amended by R.A. No. 9255

Question

Legitimate and Illegitimate Children - Family Code, Arts. 164-165 and 167-169, particularly on the topic of Rights of Illegitimate Children - Family Code, Art. 176 as amended by R.A. No. 9255

Scenario: Mr. Santos had a relationship with Ms. Reyes while he was still married to his wife. During their affair, Ms. Reyes gave birth to a child named Alex. Mr. Santos has been supporting Alex financially but has not acknowledged him as his legitimate child. Meanwhile, Mr. Santos' wife learned about the affair and filed for legal separation, which was granted by the court. After the separation, Mr. Santos and Ms. Reyes decided to live together and raise Alex as a family.

Question:

  1. Under Philippine law, what is the status of Alex, considering he was born out of wedlock?
  2. What are the rights and obligations of Mr. Santos towards Alex as his illegitimate child?
  3. Can Alex use his father's surname, Santos?


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Bar Review Question: Legitimate and Illegitimate Children - Family Code, Arts. 164-165 and 167-169, particularly on the