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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169c. Rights of Illegitimate Children - Family Code, Art. 176 as amended by R.A. No. 9255

Question

Legitimate and Illegitimate Children - Rights and Status

Alex and Cathy lived together as a couple for several years but never got married. During their relationship, they had a daughter named Lily. Eventually, their relationship ended and Alex refused to acknowledge Lily as his child. Cathy, desperate to secure the rights and status of Lily as an illegitimate child, seeks legal advice.

Based on the provisions of the Family Code and relevant laws, particularly on the rights of illegitimate children, analyze the following scenarios and answer the corresponding questions:

  1. Cathy wants to legally establish Lily's filiation with Alex. What legal remedies are available to Cathy and Lily? Discuss the requirements and procedures involved.
  2. If Lily's filiation with Alex is successfully established, what rights does she have as an illegitimate child? In what ways are the rights of legitimate children different from those of illegitimate children?
  3. Aside from establishing filiation and securing rights, Cathy is also concerned about Lily's status as an illegitimate child. What are the legal implications and consequences of being an illegitimate child in terms of succession, surname, and legitimacy?
  4. Due to recent amendments in the law, explain the effect of R.A. No. 9255 on the legitimacy and rights of illegitimate children. How does this law impact the situations of Cathy and Lily?



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Bar Review Question: Legitimate and Illegitimate Children - Rights and Status Alex and Cathy lived together as a couple