Short answer. Three years. Under Article 170 of the Family Code, a husband residing abroad has three years from the time he learns of the birth — or its registration in the civil register — to file an action impugning the child's legitimacy. If the birth was concealed from him, the period runs from actual discovery.
What the law says
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 two years if they should reside in the Philippines; and three years if abroad.
Family Code, Article 170 — Deadlines to Impugn Legitimacy. Read the full provision →
Deadlines that depend on where the husband lives
Article 170 of the Family Code sets the prescriptive period for impugning a child's legitimacy, and the applicable period depends on the husband's place of residence at the time he learns of the birth. The provision states that when the husband does not reside at the place of birth or where the birth was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. A husband living in another country therefore has three years from knowledge of the birth or its registration, whichever comes first.
When the period starts to run
The three-year period is measured from the knowledge of the birth or its recording in the civil register. If the husband abroad is informed of the birth when it happens, the three years start from the date of that knowledge. If the birth was concealed from or was unknown to the husband or his heirs, Article 170 provides that the period is counted instead from the discovery or knowledge of the birth, or from learning of the fact of registration, whichever is earlier. This provision prevents the clock from running against a husband who was deliberately kept in the dark.
The baseline and the shorter period for Philippine residents
For context, Article 170 also sets shorter periods for other situations. If the husband resides in the same city or municipality where the birth took place or was recorded, the period is one year from knowledge of the birth or registration. If he lives elsewhere in the Philippines but not in the city or municipality of birth, it is two years. The three-year period for those abroad is the longest period the statute provides, recognizing that a husband living overseas faces greater practical obstacles in discovering the facts and taking legal action.
Who else may bring this action
Article 170 provides primarily for the husband's right to impugn legitimacy, but in specific cases the heirs may also act. If the husband dies before the period expires, or dies without having filed the action, his heirs may have the right to bring the action within the remaining time. The applicable period for the heirs follows the same residence-based framework. If no action is filed within the statutory period — whether by the husband or, in appropriate cases, by his heirs — the right to impugn is extinguished and the child's legitimacy can no longer be challenged through this mechanism.
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 →