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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169a. Proof of Filiation - Family Code, arts. 172, 173 and 175

Question

Question 2: Legitimate and Illegitimate Children - Family Code, Arts. 164-165 and 167-169, Particularly on the Topic of Proof of Filiation - Family Code, Arts. 172, 173 and 175

Mr. Reyes, a married man, had an extra-marital affair with Ms. Santos. During their relationship, Ms. Santos became pregnant and gave birth to a child named Emma. Mr. Reyes initially denied being the father of the child, but after a DNA test confirmed his paternity, he acknowledged Emma as his daughter.

Recently, Mr. Reyes passed away, leaving behind his legitimate children from his marriage and Emma, his acknowledged illegitimate child. In the process of settling Mr. Reyes' estate, a dispute arose regarding the rights and inheritance of Emma.

Give specific provisions under the Family Code that govern the rights and inheritance of illegitimate children, particularly on the topic of proof of filiation. Discuss how these provisions apply to Emma's case and what rights and privileges she may be entitled to.

Provide a detailed explanation of the legal framework and principles surrounding proof of filiation for illegitimate children, and analyze how these would be applied in Emma's situation.

  1. What is the significance of a DNA test in establishing the paternity of an illegitimate child? Discuss the legal effects of Mr. Reyes' acknowledgment of Emma as his daughter despite initially denying his paternity.
  2. Under the Family Code, can Emma inherit from her deceased father's legitimate children? Explain the relevant provisions and their implications.
  3. Discuss any potential challenges or objections that Emma might face in asserting her rights as an acknowledged illegitimate child in terms of inheritance, and how these could be addressed under the Family Code.



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Bar Review Question: Question 2: Legitimate and Illegitimate Children - Family Code, Arts. 164-165 and 167-169, Particul