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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation1. Concepts of Paternity, Filiation and Legitimacy - Family Code, Art. 163

Question

N. Paternity and Filiation - Concepts of Paternity, Filiation, and Legitimacy

In a certain case, Maria filed a petition for the declaration of the filiation of her child, Juan, against Jose. Maria alleged that she had a relationship with Jose during the presumed time of conception and that he is the biological father of Juan. Jose, on the other hand, denies paternity and insists that he is not the father of Juan. Maria presented various pieces of evidence to prove paternity, including photographs showing her and Jose together during the relevant period and DNA test results confirming a high probability of biological relationship between Jose and Juan. However, Jose argues that even if the evidence is true, it is legally insufficient to establish paternity. With regard to the concepts of paternity, filiation, and legitimacy under the Family Code, answer the following questions:

  1. Can Maria's evidence, consisting of photographs and DNA test results, be considered sufficient to establish the paternity of Juan? Explain your answer.
  2. What are the effects of establishing paternity on Juan's status and rights under the law? Briefly discuss.
  3. Suppose Jose eventually admits paternity, can Juan be legitimated by the subsequent marriage of Maria and Jose? Explain your answer.



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Bar Review Question: N. Paternity and Filiation - Concepts of Paternity, Filiation, and Legitimacy In a certain case, Ma