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All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ N. Paternity and Filiation ▸ 1. Concepts of Paternity, Filiation and Legitimacy - Family Code, Art. 163

Question

Paternity, Filiation, and Legitimacy: Concepts and Application

Joe and Mary are married and recently had a baby boy named Michael. However, doubts arise regarding Michael's paternity. Joe suspects that Michael may not be his biological son due to rumors he heard from some acquaintances. Mary denies any infidelity and firmly believes that Joe is the father. Both Joe and Mary want to clarify the issue of Michael's paternity.

Based on the given scenario and the provisions of the Family Code, particularly on the concepts of paternity, filiation, and legitimacy, answer the following questions:

  1. What is the concept of paternity under the Family Code? Explain the legal presumption of paternity.
  2. In this case, how can Joe establish or disprove his paternity of Michael?
  3. What are the legal effects of establishing paternity?
  4. If Joe is determined to be the biological father of Michael, what are the implications on Michael's legitimacy?
  5. Discuss the remedies available to Joe in establishing or disproving his paternity.


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Bar Review Question: Paternity, Filiation, and Legitimacy: Concepts and Application Joe and Mary are married and recent