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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSN. Paternity and Filiation2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169d. Action to Impugn Legitimacy - Family Code, arts. 166 and 170-171

Question

Question:

Alex and Melanie were wedded in a grand ceremony witnessed by their families and friends. Two years later, they were blessed with a daughter named Samantha. However, after Samantha turned four years old, doubts were raised regarding her legitimacy. Alex suspected that Melanie had an affair during their marriage, resulting in Samantha's birth. Alex wants to take legal action to challenge Samantha's legitimacy.

In this scenario, based on the provisions of the Family Code of the Philippines, particularly on the topic of Action to Impugn Legitimacy, answer the following:

  1. What is the legal basis for Alex to file an action to impugn Samantha's legitimacy?
  2. What are the requirements for Alex to successfully impugn Samantha's legitimacy?
  3. What is the effect of successfully impugning Samantha's legitimacy?
  4. If Samantha's legitimacy is successfully impugned and proven illegitimate, how does this affect her rights of inheritance?



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Bar Review Question: Question: Alex and Melanie were wedded in a grand ceremony witnessed by their families and friends