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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 (Family Code, Art. 163)

Amelia and Benjie got married in 2010 and had a child named Carlos. However, there were rumors that Carlos may not be Benjie's biological son. Amelia and Benjie eventually separated, and Amelia started a relationship with another man named David.

In 2015, Amelia filed a Petition for Declaration of Nullity of Marriage, while Benjie filed for the Dissolution of Conjugal Partnership of Gains. During the proceedings, Benjie requested a DNA test to determine Carlos' paternity. The court granted the request, and the results showed that Benjie is not the biological father of Carlos.

Based on the given information, discuss the following:

  1. What are the concepts of paternity, filiation, and legitimacy under Philippine law?
  2. What is the legal effect of the DNA test result on Carlos' filiation and legitimacy?

Answer the questions with reference to the provisions of the Family Code, particularly Article 163.




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Bar Review Question: N. Paternity and Filiation: Concepts of Paternity, Filiation, and Legitimacy (Family Code, Art. 163