All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ N. Paternity and Filiation ▸ 3. Legitimated Children - Family Code, arts. 177-182, R.A. No. 9858 ▸ b. Action to Impugn Legitimacy - Family Code, Art. 182

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Question:

In accordance with the provisions of the Family Code, specifically Article 182, which governs the action to impugn legitimacy, analyze the following scenario:

John and Mary are married and have a daughter named Sarah. After several years of marriage, they decide to get a divorce due to irreconcilable differences. In the process of their divorce proceedings, John alleges that Sarah is not his biological child. He claims that Mary had an extramarital affair during their marriage, which resulted in Sarah's birth. John wants to challenge Sarah's legitimacy.

Based on the relevant provisions of the Family Code, evaluate the following:

What are the grounds or circumstances under which legitimacy may be challenged?
Can John legally impugn Sarah's legitimacy based on the information provided?
What legal remedies are available to John to substantiate his claim of paternity?

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