- Statute
- Philippine Family Code
- Article
- Art. 176
- Topic
- Illegitimate children: surname, parental authority, support, legitime
- Status
- In force, as amended
- Year
- 1987
- Cited by
- Multiple Supreme Court decisions
The provision
Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child.
Intellegal Wiki · In plain terms
Illegitimate children use the surname and are under the parental authority of their mother, and are entitled to support. They may use the father's surname if he expressly recognizes his filiation (for example, in the birth record or a public document). Their legitime is half that of a legitimate child. The Supreme Court increasingly refers to them as "non-marital" children.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Briones v. Miguel, the Supreme Court held: An illegitimate child is under the sole parental authority of the mother regardless of the father's recognition (Family Code Article 176); the father may assume custody only if the mother defaults, though he retains visitation rights.
One leading Supreme Court case applying this provision.
Cases applying this article
- Briones v. Miguel G.R. No. 156343
- David v. Court of Appeals G.R. No. 111180
- Alag v. Villamor G.R. No. 250849
- Maningding v. Bersamina G.R. No. 252476
- Masbate v. Relucio G.R. No. 235498
- Ordona v. Fulgueras G.R. No. 215370
- Grande v. Antonio G.R. No. 206248
- Torrefranca v. Fernandez G.R. No. 253540