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 ▸ c. Rights of Illegitimate Children - Family Code, Art. 176 as amended by R.A. No. 9255

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Review Question 2: Legitimate and Illegitimate Children - Family Code, arts. 164-165 and 167-169, particularly on the topic of c. Rights of Illegitimate Children - Family Code, Art. 176 as amended by R.A. No. 9255

Scenario:

Mark and Mary were in a relationship for several years but were never legally married. During their relationship, they had a child named Alex. Unfortunately, Mark passed away without leaving a will. After Mark's death, Mary discovered that Mark had another child named Ben from a previous relationship who was born before Alex. Both Alex and Ben are now claiming their rights as illegitimate children of Mark.

Based on the scenario, answer the following question:

Under Article 164 of the Family Code, who is considered a legitimate child?
Discuss the rights of illegitimate children under Article 176 of the Family Code as amended by R.A. No. 9255.
Who has the stronger claim to the inheritance of Mark's estate, Alex or Ben?

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