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All ▸ Bar 2024 ▸ CIVIL LAW ▸ III. PERSONS AND FAMILY RELATIONS ▸ N. Paternity and Filiation ▸ 2. Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169 ▸ d. Action to Impugn Legitimacy - Family Code, arts. 166 and 170-171

Question

Question:

Mr. Santos and Mrs. dela Cruz were married in 2005 and had a son named Juan. However, after 10 years of marriage, Mr. Santos discovered that Mrs. dela Cruz had been having an extramarital affair during their marriage. This led Mr. Santos to doubt the legitimacy of their son, Juan. He believes that Juan is the biological child of Mrs. dela Cruz's lover.

In light of this situation, Mr. Santos wants to know if he can take legal action to impugn the legitimacy of Juan. Based on the pertinent provisions of the Family Code, particularly Articles 166 and 170-171, discuss whether Mr. Santos has a valid ground to impugn Juan's legitimacy and the legal remedies available to him.



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Bar Review Question: Question: Mr. Santos and Mrs. dela Cruz were married in 2005 and had a son named Juan. However, af