Chapter 1. Legitimate Children

Art. 163. The filiation of children may be by 120 days adoption after the death after the filing of the complaint after the solemnization of the subsequent marriage any of his heirs artificial insemination of the wife authorized or ratified before the birth of the child before the expiration biological or other scientific reasons conceived and born declared against its legitimacy discovery or knowledge fact of registration following the celebration of the subsequent marriage following the termination of the marriage heirs of the husband husband impugned living separately Natural nature one year physically impossible sentenced as an adulteress serious illness sexual intercourse three hundred days three years two years written authorization or ratification or by 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification. 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification filiation may be legitimate or illegitimate.

Art. 164. Children conceived or born during the marriage of the parents are legitimate.

Children conceived as a result of 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification such insemination in a written instrument executed and signed by them 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification. The instrument shall be recorded in the civil registry together with the birth certificate of the child.

Art. 165. Children 120 days adoption after the death after the filing of the complaint after the solemnization of the subsequent marriage any of his heirs artificial insemination of the wife authorized or ratified before the birth of the child before the expiration biological or other scientific reasons conceived and born declared against its legitimacy discovery or knowledge fact of registration following the celebration of the subsequent marriage following the termination of the marriage heirs of the husband husband impugned living separately Natural nature one year physically impossible sentenced as an adulteress serious illness sexual intercourse three hundred days three years two years written authorization or ratification outside a valid marriage are illegitimate, unless otherwise provided in this Code.

Art. 166. Legitimacy of a child may be 120 days adoption after the death after the filing of the complaint after the solemnization of the subsequent marriage any of his heirs artificial insemination of the wife authorized or ratified before the birth of the child before the expiration biological or other scientific reasons conceived and born declared against its legitimacy discovery or knowledge fact of registration following the celebration of the subsequent marriage following the termination of the marriage heirs of the husband husband impugned living separately Natural nature one year physically impossible sentenced as an adulteress serious illness sexual intercourse three hundred days three years two years written authorization or ratification only on the following grounds:

(1) That it was 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification for the husband to have sexual intercourse with his wife within the first 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification of the 300 days which immediately preceded the birth of the child because of:

(a) the physical incapacity of the husband to have 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification with his wife;

(b) the fact that the husband and wife were 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification in such a way that sexual intercourse was not possible; or

(c) 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification of the husband, which absolutely prevented sexual intercourse;

(2) That it is proved that for 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification, 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 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence.

Art. 167. The child shall be considered legitimate although the mother may have 120 days adoption after the death after the filing of the complaint after the solemnization of the subsequent marriage any of his heirs artificial insemination of the wife authorized or ratified before the birth of the child before the expiration biological or other scientific reasons conceived and born declared against its legitimacy discovery or knowledge fact of registration following the celebration of the subsequent marriage following the termination of the marriage heirs of the husband husband impugned living separately Natural nature one year physically impossible sentenced as an adulteress serious illness sexual intercourse three hundred days three years two years written authorization or ratification or may have been 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification.

Art. 168. If the marriage is terminated and the mother contracted another marriage within 120 days adoption after the death after the filing of the complaint after the solemnization of the subsequent marriage any of his heirs artificial insemination of the wife authorized or ratified before the birth of the child before the expiration biological or other scientific reasons conceived and born declared against its legitimacy discovery or knowledge fact of registration following the celebration of the subsequent marriage following the termination of the marriage heirs of the husband husband impugned living separately Natural nature one year physically impossible sentenced as an adulteress serious illness sexual intercourse three hundred days three years two years written authorization or ratification after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary:

(1) A child born before one hundred eighty days 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification is considered to have been conceived during the former marriage, provided it be born within 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification after the termination of the former marriage;

(2) A child born after one hundred eighty days 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage.

Art. 169. The legitimacy or illegitimacy of a child born after three hundred days 120 days adoption after the death after the filing of the complaint after the solemnization of the subsequent marriage any of his heirs artificial insemination of the wife authorized or ratified before the birth of the child before the expiration biological or other scientific reasons conceived and born declared against its legitimacy discovery or knowledge fact of registration following the celebration of the subsequent marriage following the termination of the marriage heirs of the husband husband impugned living separately Natural nature one year physically impossible sentenced as an adulteress serious illness sexual intercourse three hundred days three years two years written authorization or ratification shall be proved by whoever alleges such legitimacy or illegitimacy.

Art. 170. The action to impugn the legitimacy of the child shall be brought within 120 days adoption after the death after the filing of the complaint after the solemnization of the subsequent marriage any of his heirs artificial insemination of the wife authorized or ratified before the birth of the child before the expiration biological or other scientific reasons conceived and born declared against its legitimacy discovery or knowledge fact of registration following the celebration of the subsequent marriage following the termination of the marriage heirs of the husband husband impugned living separately Natural nature one year physically impossible sentenced as an adulteress serious illness sexual intercourse three hundred days three years two years written authorization or ratification from the knowledge of the birth or its recording in the civil register, if the 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification or, in a proper case, 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification, 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 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification if they should reside in the Philippines; and 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification 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 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification of the birth of the child or of the 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification of said birth, whichever is earlier.

Art. 171. The 120 days adoption after the death after the filing of the complaint after the solemnization of the subsequent marriage any of his heirs artificial insemination of the wife authorized or ratified before the birth of the child before the expiration biological or other scientific reasons conceived and born declared against its legitimacy discovery or knowledge fact of registration following the celebration of the subsequent marriage following the termination of the marriage heirs of the husband husband impugned living separately Natural nature one year physically impossible sentenced as an adulteress serious illness sexual intercourse three hundred days three years two years written authorization or ratification may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases:

(1) If the husband should die 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification of the period fixed for bringing his action;

(2) If he should die 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification without having desisted therefrom; or

(3) If the child was born 120 daysadoptionafter the deathafter the filing of the complaintafter the solemnization of the subsequent marriageany of his heirsartificial insemination of the wifeauthorized or ratifiedbefore the birth of the childbefore the expirationbiological or other scientific reasonsconceived and borndeclared against its legitimacydiscovery or knowledgefact of registrationfollowing the celebration of the subsequent marriagefollowing the termination of the marriageheirs of the husbandhusbandimpugnedliving separatelyNaturalnatureone yearphysically impossiblesentenced as an adulteressserious illnesssexual intercoursethree hundred daysthree yearstwo yearswritten authorization or ratification of the husband.