Short answer. Only those who are prejudiced in their rights may challenge a child's legitimation under Article 182, and they must act within five years from when their cause of action accrues. The challenge is not open to the general public — only someone who suffers a real legal injury from the legitimation may bring it.
What the law says
Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues.
Family Code, Article 182 — Who May Impugn a Legitimation. Read the full provision →
Who qualifies as prejudiced in their rights
Article 182 limits the right to challenge legitimation to those who are "prejudiced in their rights." This typically means persons who stand to lose something concrete — particularly other heirs whose share of an estate would be reduced or displaced by the legitimated child's presence. An older sibling who would have inherited a larger share without the legitimation, or a creditor whose rights are affected, may qualify. A stranger with no legal interest in the child's status does not have standing to impugn the legitimation.
The five-year prescriptive period
The challenge must be brought within five years from the time the cause of action accrues. Unlike the legal separation prescriptive period — which runs from the occurrence of the cause — this rule ties the clock to when the cause of action accrues to the challenging party. For an heir, that may be when they first learn of the legitimation and its effect on their share. Waiting too long, whether through ignorance or inaction, can permanently foreclose the right to challenge.
The effect of a successful challenge
If a court finds that the legitimation was improper — for instance, because the child was not actually the biological offspring of the parents who married, or because the requisites for legitimation were not met — the child's status reverts. This has consequences for succession rights, support obligations, and use of the father's surname. Because the stakes are high for the child as well as for the challenger, courts examine these cases with care, and the burden of proof rests with the party impugning the legitimation.
Grounds for challenging legitimation are separate from standing
Article 182 answers who may challenge and when — it does not enumerate the grounds. The grounds for impugning legitimation are found elsewhere in the Family Code's provisions on legitimation, primarily whether the child meets the requirements for legitimation at all. Having standing under Article 182 is a threshold requirement; meeting the deadline is another. Both must be satisfied before a court will entertain the merits of a challenge.
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.
- Republic of the Philippines vs. Oliver M. Boquiren and Roselyn M. Boquiren, Duly Represented By Her Mother Rosalinda B. Macaraeg, G.R. No. 250199, February 13, 2023 — read the decision on LawPhil →
- Republic of the Philippines vs. Linney Jean L. Tangarorang and Ramer R. Tangarorang, G.R. No. 272006, February 5, 2025 — read the decision on LawPhil →