1. CHAPTER XXVII PATERNITY AND FILIATION
BEN MIDWA MORILLO
BSCRIM III-A
LEGAL MEDICINE

2. LEGAL IMPORTANCE OF DETERMINING PATERNITY AND FILIATION
PATERNITY- Is the civil status of the father with the respect to the child begotten by him. FILIATION- Is the civil status of the child in relation to its mother or father.
LEGAL IMPORTANCE OF DETERMINING PATERNITY AND FILIATION
1. For succession- In legal succession , the right of the legitimate children is different from that of the illegitimate children.
2. For enforcement of the naturalization and immigration laws- Naturalized citizens give ipso facto philippines citizenship to their minor children at the time of their naturalization under certain qualifications.
A minor child of naturalized or permanent resident alien may be given the right to land into our shores upon proof that such minor is a legitimate child of a naturalized filipino or that of a permanent resident alien.

3. Kinds of children: a. legitimate children 1
Kinds of children: a.legitimate children 1. legitimate children (proper) 2. legitimated children 3. adopted children b.illegitimate children 1.natural children *natural children(proper) *natural children by presumption *natural children by legal fiction 2.spurious children *adulterous children *incestuous children *manceres children *sacrilegious children

4. -LEGITIMATE CHILDREN

5. A legitimate child is one who is born in lawful wedlock, or within a competent time afterwards.
1.LEGITIMATE CHILDREN(proper)
Legitimate children (proper) are those who were born in lawful wedlock or within 300 days after the disolution of marriage.
Presumption of legitimacy: (art.255,civil code)
*Children born after 180 days following the celebration of the marriage,and before 300 days following its disolution of the seperation of the spouses shall be presume to be legitimate.
-The physical imposiblity maybe cause by :
The impotence of the husband.
The fact that the husband and wife were living separately in such a way what access was not possible;and
By the serious illness of the husband.

6. Requisites of the presumption:
a.There is a valid marriage
b. The birth of the child took place after 180days following the celebration of marriage or within 300 days following its this disolution or seperation of the spouse.
c. The is no physical imposibility of the husband having access to the wife during the first 120 days of the 300 days preceding the birth of the child.
Thepresumption legitimacy under art.255, civil code is conclusive:
The presumption of legitimacy above-mentioned (art.255,civil code) is conclusive because:
a. Sec. 4(a) of rule 131 of the rules of court is repetition of art,255 of civil code .
Sec.4, rules of court – Quasi-conclusive presumptions of legitimacy:
(a) Children after 180days following the celebration of marriage, and before 300 days following its disolution or the seperation of the spouses shall be presume legitimate.

7. b. The presumption in art
b. The presumption in art.255 civil code is not qualified while in presumption in art.257,258 and 259 or the same code qualified the presumption to be prima facie which infer that the presumption under art.255 is conclusive. Children born in 180 days following the celebration of marriage Example: A and B were married in jan A child was born after 180 days following there marriage .if there is no impossibility of access between A and B , child is conclusively presume to be Legitimate. Child born within 300 days following its dissolution seperation of spouse: Example: A and B are legally married. on january 1, 1980,B, the husband died. 230 days after A became a widow, a child was born. The child is exclusively presumed to be legitimate insofar as a deceased husband provide there was no physical impossibility of access between A and B during the latter’s lifetime.

8. M was married with X on September 28,1944
M was married with X on September 28,1944. the husband M , died on october 11,1944. A child was born on april or 208 days after the celebrtation of marriage and 300 days following it’s dissolution. There being no showing that M is impotent ,the court held that the child born is conclusively legitimate (Menciano v, Neri San Jose, G.R. No. L-1967, May 1951)
Only evidence sufficient to rebutt the above presumption:
That there is physical impossibility of the husband’s having access to his wife within the first 120 days of the 300 days which preceded the birth of the child.
A and B were married and 7 months after marriage a child was born. Considering that each month has 30 days the child is considered legitimate if, anytime 3 months before 1 month after the marriage, there was the possibility of access between A and B.
A and B were legally married . 6months after A become a widow, a child was born .

9. Causes of physical imposibility:
(1) By the impotence of the husband
(2) By the fact by the husband and wife were living seperately, in such a way that access was not possible.
(3) By the serious illness of the husband (Art.255,Civil Code).
The impossiblity of access must not be construed in it’s literal sense. It means inability to perform sexual intercourse.
Impotency of the husband must be present during the first 120 days of 300 days preceding the birth of the child. It must be an absolute impotency in hot a relative one, it must be complete not partial.

10. Art. 258, Civil Code: A child born within 180 days following the celebration of marriage is prima facie presume to be legitimate. Such a child is conclusively presume to be in any of this cases: (1) If the husband, before the marriage,knew of the pregnancy of the wife: (2) If he consented, Being present, to the putting of his surname on the record of birth of the child; and (3) If he expressly or tacitly recognized the child as his own. Recognition shall be made in record of birth. a will, a statement before a court or record, or any authentic writing (Art.278, Civil code) Prima Facie means the presumption is true and correct unless it can be shown by other proof of the contrary. Art. 256, Civil Code : The child shall be presumed legitimate, although the mother may have declared againts it’s legitimacy or may have been senteced as an adulteress .

11. Reasons for the provisions:
Reasons for the provisions: **The status of the child must not be left at the mercy or the passion of the parents. A wife may while in the fit of her anger declare that the child is not that of the husband although it is not true. **The husband may connive with the wife and let her declare the child as a legitimate and thus decrease his right over the properties of the husband. **Between legitimacy and illegitimacy, the law is in favor of legitimacy. A child must not be punished by the wrongful acts of his parents. Presumption of illegitimacy based on ethnic reasons: Art.257, Civil Code: Should the wife commit adultery at or about the time of the cocemption of the child, but there was no physical impossibility of access between her and his husband has set forth in article 255, the child is prima facie presumed to be illegitimate if it appears highly improbable, for ethnic reasons, that the child is that of the husband. For the purpose of this article, the wife’s Adultery need to be proved in a criminal case.

12. Example:
A and B, both white americans were legally married. During the period of concemption for the child C, the wife had an illicit relation with X, a negro. The child born was dark skin, wiry and curly hair with the thick lips. There is no ancestor in A and B who is negro. The child is prima facie presumed to be illegitimate.
Presumption of legitimacy if the widow marries within 300 days following the death of the husband:
Art.259,Civil Code:
If the marriage is dissolved by the death of the husband, and the mother contructed another marriage within 300 days following such death, these rules shall be govern:
A child was born before 180 days after the solemnization of the subsequent marriage is disputably presumed to have been conseive during the former marriage, provided it be born within the 300 days after the death of former husband

13. Example: A widow married 100 days after the death of his first husband
Example: A widow married 100 days after the death of his first husband. a child is born 175 days after the celebration of second marriage. The child is disputably presumed to be legitimate insofar as the first husband because the child is born within 180days following the celebration of the second marriage and within 300 days after the death of the first husband. Flaw of presumption: A widow married 50 days after the death of the first husband. A child was born 200 days following the celebration of the second marriage . Following the provision of the presumption, the child is legitimate insofar as the second husband. But the child is born only 250 days after the death of the first husband. It is possible that the widow was pregnant for 1 month at the time of death of the first husband, yet the presumption made the child prima facie legitimate as that of the second husband.

14. Duty of a woman after annulment of marriage when she becomes a widow and pregnant. Art.260,Civil Code: If after a judgement anulling a marriage, the former wife should believe herself to be pregnant by former husband, she shall within 30 days from the time she became aware of her pregnancy, notify the former husband or his heirs of that fact. He or his heirs may ask the court to take measures to prevent simulation of birth. The revised penal code impose penalty for simulation of birth and usurpation of the civil status: Art.347,revised penal code –Simulations of births, subtitution of one child for another and concealment or abandonment of a legitimate child: The simulation of births and the subtitutions of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos.

15. Usurpation of civil status Art
Usurpation of civil status Art.348, Revised penal code: The penalty of prision mayor shall be imposed upon any person who shall usurp the civil status of another, should he do so for the purpose of defrauding the offended party or his heirs; otherwise, the penalty of prision correctional in it’s medium and maximun periods shall be imposed Child born after 300 days following dissolution of marriage or seperation of the spouse: Art.261 Civil Code: There is no presumption of legitimacy or illegitimacy of a child born after 300 days following the dissolution of the marriage or seperation of the spouses. Who ever alleges the legitimacy or yhe illegitimacy of such child must prove his allegation.

16. LEGITIMATED CHILDREN

17. 2. LEGITIMATED CHILDREN: Legitimation is defined as a remedy or process by which a child born out of lawful wedlock and are therefore considered illegitimate are by fiction of law considered legitimate by subsequent valid marriage of the parents. Art.270,Civil Code: Legitimation shall take place by the subsequent marriage of the parents. Art.272, Civil Code: Children who are legitimated by subsequent marriage shall enjoy the same rights as legitimate children. Children can be legitimated: a. Natural Children(proper) Natural children are those born outside lawful wedlock of parents who, at the time of concemption of the former, were not disqualified by any impediment to marry each other (Art.269,Civil Code) Requisites for legitimation of natural child (proper) a. The Child must be natural b.The child must be acknowledged by both parents before marriage. c. There must be subsequent marriage of parents.

18. -ADOPTED CHILDREN

19. 3. ADOPTED CHILDREN Adoption is defined as the act or proceeding by which relations of paternity and filiation are recognized as legally existing between person’s not so related by nature. The purpose of adoption is to established the relationship of paternity and filiation and to afford persons who have no child of their own consolation of having one by legal fiction. The child wherein paternity and filiation is established is an adopted child and all with the legal rights as a legitimate child in the relation to adopting parents. Persons who may be adopted: a. The natural child, by natural father or mother b. Other illegitimate children, by the father or mother c. A step-child , by the step father or stepmother (Art.338,Civil Code) d. Any person even if of age, provided the adopter is sixteen yrs Older(Art.338,Civil Code)

20. Persons who cannot be adopted: a
Persons who cannot be adopted: a. A married person, without the written consent of the other spouse b. An alien with whose government the republic of the philippines has broken diplomatic ralations; and c. A person who has already been adopted (Art.339,Civil Code) Pesron who may adopt a. Every person of age,who is in full possesion of his civil rights. (Art.334, Civil Code) Persons who cannot adopt: a. Those who have legitimate, legitimated, acknowledged natural children or natural children legal fiction b. The guardian, with respect to the ward, before the final approval of his accounts: c. A married person, without the consent of the other spouse: d. Non-Resident aliens e.Resident Aliens whose government the republic of the philippines has broken diplomatic ralations; and f. Any person who has been convicted of a crime involving moral turpitude, When the penalty imposed was sixmonths’ imprisonment or more (Art. 335,Civil Code).

21. B. ILLIGITIMATE CHILDREN Illegitimate children are those who were born out of lawful wed lock or after a competent time after it’s dissolution. 1. Natural Children: a. Natural children(proper) Natural children are those born outside wedlock of parents who, at the time of the concemption of the former, where not disqualified by any impediment to marry each other(Art.269,Civil Code) b. Natural Children by legal fiction: Natural children by legal fiction are those children born of born marriages after the decree of annulment c. Natural children by presumption Natural children by presumption are those natural childen acknowledged by the father or the mother seperately if the acknowledging parent was legally competent to contract marriage at the time of concemption.

22. 2. Spurious Children Illigitimate children who are not natural are considered spurious. a. Adulterous Children- These are children conceived in an act of adultery or concubinage b. Sacrilegious Children- These are children born of parents who have been ordained by sacris. In civil law there is no such kind of illegitimate children because a priest or a nun can marry. There is no impediment in law for them to marry. It is only regulation of the church that prohibits it. Seperation between the church and the state. c. Incentious Children- These are children born in parents who are legally Incapable of contracting valid marriage because of there of blood relationship as marriage between brothers and sisters, father and daughter, etc. d. Manceres – These are children conceived by prostitutes. It is very difficult to determine the father because of the nature of the business .

23. Civil Liability of Persons Guilty of Crimes againts Chastity
To indemnify the offended woman
To acknowledge the offspring, unless the law should prevent him
In every case to support the offspring.
The adultery and the concubine in the case provided for the articles 333 and 334 may also be sentenced in the same proceeding or in a separate civil proceeding, indemnify for damages causes to offended spouse.
In Cases of multiple rape, when 3 persons one after another rape a woman the offenders may not be required to recognize the offspring at it is impossible to determine the paternity of the child

24. EVIDENCE OF PATERNITY AND FILIATION
Medical Evidences :
Parental Likeness
Heredity transmits traits and characteristics from parents to the offspring. There must be some gross manifestation of the children which may be in common with the father.
The following points maybe considered by the examining physician to determine physically whether paternity and filiation exist between persons in question:
a.General feature e.Gait, speech,and movement
b.Manner & gesture f. Color & texture of the hair
c. Personal peculiarities g. color of the eyes
d.Personal deformities h.General built and size

25. 2. Blood Grouping Test: The fact that the bloodtype of the child is a possible product of the parents, does no conclusively show that the child is born by such parents. But, If the bloodtype of the child is not the possible bloodtype when the blood of the parents are crossmatched it shows definitely that the child is not that of the husband, A positive result is not conclusive, but a negative is conclusive. 3. Evidence from the mother a. Proofs of previous delivery- The supposed mother maybe subjected to an examination to determine the presence of signs of previous child birth and which are compatible with the age of the child. b. Proofs of physical potency and fertility -Although it is difficult to determine the physical potency in woman inasmuch as a woman is a passive subject to the sexual act, the woman may be manifesting some acquired or congenital effect wherein impotency maybe imferred atresia of the vaginal canal imperforate hymen etc. may be present

26. c. Proof of capacity to have a access with the husband: A general physical examination of the woman is necessary to determine whether she is physically capable of having sexual intercourse with her husband. 4. Evidences from the father a. Proof of physical potency and fertility: Medical examination must be done whether the husband is capable of erection. b. Proof of access: The physician must determine the health and vigor of the father, the presence of desease, which may bring about his incapacity to perform sexual intercourse. B. Non-Medical Evidence: 1. Record of birth in the civil registrar, or by an authentic document for a final judgement(Art.265, Civil Code ) 2. Continous possesion of the status of the legitimate child (Art. 266, Civil Code) 3.Any other evidence allowed by the rules The court and special laws (Art. 267, Civil code )

27. THANK YOU !

28. Create and Presented by: BEN MIDWA MORILLO Course/Yr/sec: BSCRIMINOLOGY III-A Subject: LEGAL MEDICINE Submitted to: Prof. EVELYN IGNACIO