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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

Mr. Santos and Ms. Reyes have been in a long-standing relationship for several years. They have a son named Miguel, who is now 15 years old. However, Mr. Santos has recently denied paternity of Miguel and refuses to provide financial support.

Ms. Reyes wants to establish the filiation of Miguel and secure financial support from Mr. Santos. Considering the provisions of the Family Code, answer the following questions:

  1. What are the modes of proving filiation recognized under the law? Explain each mode briefly and discuss which one would be most appropriate for Ms. Reyes to use in this case.
  2. What steps can Ms. Reyes take to compel Mr. Santos to undergo a DNA test to establish paternity? Discuss the requirements and procedure for compelling a DNA test under the Family Code.
  3. If Mr. Santos continues to refuse to acknowledge Miguel as his son, what legal rights and benefits could Miguel potentially be deprived of? Discuss the rights and benefits of legitimate children under the law.



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Bar Review Question: Legitimate and Illegitimate Children - Proof of Filiation Mr. Santos and Ms. Reyes have been in