ARTICLE 165.

Children conceived and born outside a valid marriage are illegitimate,

unless otherwise provided in this Code.

Children conceived and Family Code Civil Code

born
Legitimate Children
Within a valid marriage Legitimate children
(Art. 54 & 164)
Natural children by
legal fiction
Natural
Acknowledged or
Illegitimate Children children
recognized natural
Outside a valid marriage (Art. 165, 50 &43)
children
Other Spurious children
Adulterous children

ARTICLE 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his wife
within the first 120 days of the 300 days which immediately preceded the birth of the child
because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that sexual
intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not have
been that of the husband, except in the instance provided in the second paragraph of Article
164; or
(3) That in case of children conceived through artificial insemination, the written
authorization or ratification of either parent was obtained through mistake, fraud, violence,
intimidation, or undue influence.

General rule: In all cases where the husband assails the legitimacy of an issue sired by wife,
all doubts are resolved in favour of legitimacy.
REBUTTING
PRESUMPTIONS
1)120 to 300-day Experience show that the average longest period of gestation is
period 300 days and a child may be born without defects as early as 6
months or 180 days, which the difference results to 120 days, the
possible time span of conception.
(a)Physical incapacity Evidence of physical incapacity must be so convincing and
persuasive which prevents an absolute impregnation of the wife.
(b)Living separately The impossibility of sexual intercourse was stressed here and not
the mere remoteness of the wife from the husband.
 (c)Serious illness Illness must be serious enough making the husband incapable of
carnal actions for e.g. Bright’s disease and impotency (inability to
copulate)
2)Biological or a) Sterility (inability to procreate)
scientific reasons b) Vasectomy (cutting the vas deferens and tying or sealed to
prevent sperm getting into the semen) – This is not absolute as
exceptional cases of fertilisation still happen unless a concrete
proof of sterility was provided.
c) Genetics – Traits passed on to the offspring, which are neither
traits of the husband nor their forebears. Includes also genetic
identification through HLA test or DNA test however, courts held
that the tests produce inconclusive and conclusive results
respectively.
3) Vitiated consent in Husband can only invoke the ground for the impugned legitimacy
artificial insemination of the child. Example of which is when a third party donated a
sperm for the procedure without the knowledge or consent of the
husband.

ARTICLE 167. The child shall be considered legitimate although the mother may have
declared against its legitimacy or may have been sentenced as an adulteress.
Reasons behind Art. 167:
1) In a fit anger, or to arouse jealousy in the husband, the wife may have made this
declaration (Powell v State) or out of vengeance and spite
2) As a guaranty in favour of the children whose condition should not be under the mercy
of the passions of their parents. For example, when at the time of conception, it is
indeterminate by whom the child was begotten due to commission of adultery by the
wife, the husband is possibly the father of the child.