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

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

Mr. Santos and Ms. Garcia, a married couple, were blessed with a daughter named Maria. However, doubts arose regarding the paternity of Maria, as there were rumors suggesting that Mr. Santos was not her biological father. Wanting to confirm her suspicions, Ms. Garcia decides to have a DNA test conducted without the knowledge and consent of Mr. Santos.

After the test confirmed her suspicions, Ms. Garcia decides to take legal action and files a Petition for Declaration of Nullity of Marriage, Declaration of Filiation, and Cancellation of Birth Certificate in order to establish the paternity of Maria. Mr. Santos strongly opposes this and argues that the DNA test conducted without his consent is inadmissible as evidence.

Based on the given scenario and the provisions of the Family Code, particularly Article 163, discuss the following:

Can Ms. Garcia use the results of the DNA test as evidence to establish the paternity of Maria? Explain.
What are the legal effects if the court declares Mr. Santos as not the biological father of Maria?
Can Mr. Santos demand reimbursement for any financial support he had provided to Maria if it is later proven that he is not her biological father? Explain.

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