- Statute
- Philippine Family Code
- Article
- Art. 170
- Topic
- Period to bring an action impugning legitimacy
- Status
- In force
- Year
- 1987
- Cited by
- A Supreme Court decision
The provision
The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded. If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier. (263a)
Intellegal Wiki · In plain terms
A husband, or where allowed his heirs, must file any action challenging a child's legitimacy within set deadlines: one year if they live where the birth occurred or was recorded; two years if they live elsewhere in the Philippines; and three years if abroad. If the birth was concealed or unknown, the period is counted from when they learned of the birth or its registration, whichever is earlier.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Ko v. Republic G.R. No. 210984