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 ▸ a. Proof of Filiation - Family Code, arts. 172, 173 and 175

Question

Legitimate and Illegitimate Children - Proof of Filiation

Scenario:

In the Philippines, Julia and Diego were in a long-term relationship but were never married. During their relationship, Julia gave birth to a child named Miguel. Diego was present during the birth and openly acknowledged Miguel as his biological son. However, after some time, Julia and Diego separated, and Diego started to doubt his paternity.

Questions:

What are the legal provisions under the Family Code of the Philippines that govern the proof of filiation for both legitimate and illegitimate children?
What evidence can Diego present to establish his paternity of Miguel as an illegitimate child?
Under what circumstances can legitimate filiation be proven without the need for a court order or judicial proceeding?

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