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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 and Filiation: Concepts of Paternity, Filiation, and Legitimacy

Mr. Cruz and Ms. Santos are in a long-term relationship but were never legally married. They have a child named Juan. After Juan's birth, Mr. Cruz doubted his paternity and refused to acknowledge Juan as his son. Meanwhile, Ms. Santos insisted that Mr. Cruz is the biological father of Juan. In light of this situation, please answer the following questions:

  1. What is the concept of paternity under Philippine law? Discuss the legal presumption of paternity and the ways to establish or negate paternity.
  2. Describe the concept of filiation and its significance in parent-child relationships. Discuss the types of filiation recognized under the Family Code.
  3. Explain the concept of legitimacy and its implications for a child born out of wedlock. Discuss the rights and privileges enjoyed by legitimate children under Philippine law.
  4. Given the scenario, what legal remedies are available to Ms. Santos to establish Mr. Cruz's paternity? Can Mr. Cruz be compelled to acknowledge Juan as his legitimate child?


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Bar Review Question: Paternity and Filiation: Concepts of Paternity, Filiation, and Legitimacy Mr. Cruz and Ms. Santos