2007] FILIATION AND LEGITIMACY 357

Filiation and Legitimacy

Estelito P. Mendoza* community of property during marriage, the authority of parents over their
Ivy D. Patdu** children, and the validity of defense for any member of the family in case of
unlawful aggression)
This provision has been omitted in the Family Code but the principles
I. INTRODUCTION ................................................................................ 3)6 and values contained therein remain the public policy in the Philippines.
11. CONCEPT OF LEGITIMACY ............................................................ 358 Illegitimate children have been granted additional rights and given greater
Ill. FIUATION AND LEGITIMACY ... , ....................................................... J60 recognition, but the distinction between legitimate and illegitimate children
IV. CONCLUS10N ................................................................................. J70 subsists. International principles provide that the best interest of the child,
without distinction as to legitimacy or illegitimacy, shall be a primary
consideration. 4 In the Philippines, possession of a legitimate status is
I. INTRODUCTION considered in the best interest of the child. In Concepdon v. Court of Appea/s,5
the Court said that:
The Fih'pino family is recognized as the foundation of the nation.' The
Constitu\ion declares that the family, as an institution, is deemed sacred and The law, reason and common sense dictate that a legitimate status is more
protectecf: 2 The cherished Filipino family is, however, not without favorable to the child. In the eyes of the law, the legitimate child enjoys a
qualifications. Its solidarity is premised on the sanctity of marriage and is preferred and superior status. He is entitled to bear the surnames of both his
father and mother, full support and full inheritance. On the other hand, an
characterized by the premium placed on legitimacy. Filipinos honor the
illegitimate child is bound to use the surname and be under the parental
&mily and spurious relationships are discouraged, if not condemned. While authority only of his mot:Jer. He can claim support only from a more
the advocacy for the rights of the child have found its way in Philippine laws limited grou'p and his legitime is only half of that of his legitimate
and jurisprud~nce, the thrust of discouraging illicit relationships remains. counterpart. Moreover (without unwittingly exacerbating the
discrimination against him), in the eyes of society, a 'bastard' is usually
The solidarity of the .family prevents the raising of the illegitimate child
regarded as bearing a stigma or mark of dishonor. Needless to state, the
to the same status a~ that of the legitimate child. Article 220 of the I 954 Civil
legitimacy presumptively vested by law upon Jose Gerardo [the child]
Code provides: favors his intecest. 6
In case of doubt, all presumptiom favor the solidarity of the family. Thus,
The legitimate chiid has vested rights conferred by law. While scientific
every intendment of law or facts leans toward the validity of matriage, the
indissolubility of the marriage bonds, the legitimacy if children, the methods such as DNA testing can potentially end controversies with regard
to illiation,7 proof oflegitimacy is a different matter.
P~ssession of a legitimate status, and incidentally of filiation, was the core
* '52 LL.B., University of the Philippines; '54 LL.M., Harvard Law School; issue in· the case of Angeles v. Maglaya 8 where Maglaya, in order to be
Member of the Faculty, College of Law, UTiiversity of the Philippines, 1954-1974;
practicing lawyer, 1953 to the present (as Solicitor General, 1972-1986).
** 'o2 M.D., University of the Philippines; 'o9 J.D. cand., Ateneo de Manila 3. Macadangdang v. Court of Appeals, 100 SCRA 73, 91 (1980) (citing article 220
University School of Law; Member, Board of Editors, Ateneo Law journal. Her Essay, of the 1954 Civil Code) (emphasis supplied). ..
judicia! Riforms under the Davide Watch, won Jrd place in the Supreme C.mrt's
4- Convention on the Rights of the Child, G.A. Res. 44/25, arts. 3, 6, & 27 (Nov.
National Essay Writing Contest for Law Students in 2005. The Author's previous
20, 1989). The Philippines became a signatory to this treaty on Sep. 20, 1990.
works published in the Journal include Physician and Hospital Liability in Cases if
Medical Negligence: A Comment on Professional Services, Inc. v. Agana, 52 ATENEO L.J. 5. Concepcion v. Court of Appeals, 468 SCRA 43 8 (2005).
219 (2007). She was also a co-author of The Legal Concept if Terrorism under 6. Id. at 455.
International Law and Its Application to Philippine Munidpal Law, 5I ATENEO LJ. 4 7· Tecson v. Comillission on Elections, 424 SCRA 277, 345 (2004) (citing Tijing
(2007). v. Court of Appeals, 354 SCRA 17 (2001)).
In case proof of fihtivn or patemity would be urJikely to satisfactorily
Cite as 52 ATENEO L.J. 356 (2007).
establish or would be difficult to obtain, DNA testing, which examines
genetic codes obtained from body cells of the illegitimate child and any
I. PHIL. CONST. art XV, § r.
physical residue of the long dead parent could be resorted to. A
2. PHIL. CONST. art II,§ 12. positive match would clear up filiation or paternity.