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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation3. Legitimated Children - Family Code, arts. 177-182, R.A. No. 9858b. Action to Impugn Legitimacy - Family Code, Art. 182

Question

Question 3. Legitimated Children - Action to Impugn Legitimacy

Alex and Maria, a married couple, have been living separately for the past five years. During this time, Alex had an extramarital affair with another woman named Karen. Unknown to Alex, Maria became pregnant during their separation and gave birth to a child named Miguel. Alex and Maria later reconciled and decided to raise Miguel as their own.

Years later, Alex found out about Maria's affair and began to suspect that Miguel might not be his biological child. Distraught and unsure about his paternity, Alex seeks legal advice to explore the possibility of impugning Miguel's legitimacy.

Based on the provisions of the Family Code, particularly on the topic of "Action to Impugn Legitimacy" (Family Code, Art. 182), kindly answer the following questions:

  1. What are the grounds under which Alex can file an action to impugn the legitimacy of Miguel?
  2. What is the prescriptive period within which Alex must file the action to impugn legitimacy?
  3. What evidence will Alex need to present in court to substantiate his claim?
  4. What are the possible effects of a successful action to impugn legitimacy on the rights and status of Miguel?



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Bar Review Question: Question 3. Legitimated Children - Action to Impugn Legitimacy Alex and Maria, a married couple, h