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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

Scenario: Alex and Ben are in a relationship and have a child named Charlie. However, Alex and Ben are not married. They have been living together for several years until their relationship became rocky and they decided to separate. Alex, as the mother, wants to know what rights Charlie has as an illegitimate child under Philippine law.

  1. Discuss the rights of illegitimate children under the Family Code (Art. 176 as amended by R.A. No. 9255).
  2. Can Charlie use his father's surname, Ben, considering that they are not married? Explain the legal provisions governing the use of surnames by illegitimate children.
  3. Are there any limitations or qualifications to the rights of illegitimate children? Please cite specific provisions of the Family Code to support your answer.


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