Short answer. When birth was concealed, the deadline runs from discovery — not from the birth itself. Family Code Article 170 provides that 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, or from registration, whichever comes first.
What the law says
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.
Family Code, Article 170 — Deadlines to Impugn Legitimacy. Read the full provision →
The general deadlines under Article 170
Article 170 sets different deadlines depending on where the husband (or his heirs) resided when the child was born or registered. If they lived in the same city or municipality where the birth took place or was recorded, the period is one year from the knowledge of the birth or its registration. If they lived elsewhere in the Philippines, the period is two years. If they lived abroad at the relevant time, the period is three years. These periods all start running differently depending on which situation applies to your husband.
The concealment exception: the clock starts on discovery
The statute recognizes that the normal deadline — running from the birth or its registration — is unfair when the birth was hidden. Where concealment or ignorance is established, the period begins only from the moment of discovery or knowledge. The statute uses 'whichever is earlier' between discovery of the birth and discovery of the civil registration. So if your husband learned about the civil registration before learning about the birth itself, his clock may start from the earlier of those two events. The length of the period (one, two, or three years) is still determined by where he resided.
What 'concealment' requires
The statute covers two scenarios: birth actively concealed from the husband, and birth simply unknown to him. The concealment scenario involves deliberate hiding; the unknown scenario may be broader. In either case, the husband must genuinely not have known about the birth for the exception to apply. A husband who had indirect means of knowing — through family gossip, documents, or public registration he could have checked — may face an argument that the general deadline ran anyway. How courts assess constructive knowledge varies, and the specific facts matter.
Why this matters in practice
Legitimacy carries real legal consequences: inheritance rights, use of surname, support obligations, and parental authority all turn on it. The concealment rule protects a husband who was kept in the dark from losing his right to challenge legitimacy simply because time passed. If your husband recently discovered the birth, the period likely has not expired. But 'recently' is relative — if years have passed since discovery without action, the deadline may have closed. The earliest step is to establish when your husband actually learned of the birth or registration, because that date controls everything else.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Richelle Busque Ordoña vs. The Local Civil Registrar of Pasig City and Allan D, G.R. No. 215370, November 9, 2021 — read the decision on LawPhil →
- Eugenio San Juan Geronimo vs Karen Santos, G.R. No. 197099, September 28, 2015 — read the decision on LawPhil →
- Teofista Babiera vs. Presentacion B. Catotal, G.R. No. 138493, June 15, 2000 — read the decision on LawPhil →
- Rodolfo S. Aguilar vs. Edna G. Siasat, G.R. No. 200169, January 28, 2015 — read the decision on LawPhil →