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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169a. Proof of Filiation - Family Code, arts. 172, 173 and 175

Question

Legitimate and Illegitimate Children - Proof of Filiation

Ina and Jose were in a relationship for several years. During their relationship, Ina gave birth to a child named Juan. Ina and Jose eventually separated and Jose denied paternity of Juan. Ina wants to establish the filiation of Juan to Jose. Consider the provisions of the Family Code, particularly articles 172, 173, and 175.

  1. What steps can Ina take to establish the filiation of Juan to Jose? Explain the legal remedies available to Ina in proving the paternity of Juan.
  2. What are the evidentiary requirements under the law in proving the filiation of a child? Discuss the types of evidence that can be presented in proving paternity.
  3. Are there any presumptions in the law that can be invoked by Ina to establish the filiation of Juan to Jose? Explain the presumptions of paternity provided under the Family Code.



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Bar Review Question: Legitimate and Illegitimate Children - Proof of Filiation Ina and Jose were in a relationship for