Text of the provision
Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.
(n)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
This is the counterpart of Article 164. A child conceived and born outside a valid marriage is illegitimate — unless the Code itself says otherwise. The main exceptions elsewhere in the Code are children of void marriages under Article 36 (treated as legitimate) and children who are later legitimated.
Status is not a moral judgment on the child; it is a legal category that mainly affects surname, support and inheritance. Illegitimate children are still entitled to support and to a legitime, though a smaller one than legitimate children receive.
Questions about this provision
Related provisions
- Article 164 — who is a legitimate child.
- Article 163 — the kinds of filiation.
Cases citing this article
- 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 →
- Amadea Angela K. Aquino vs. Rodolfo C. Aquino and Abdulah C. Aquino/Rodolfo C. Aquino, G.R. No. 208912 / G.R. No. 209018, December 7, 2021 — read the decision on LawPhil →
- Alejandra Arado, et al. vs. Anacleto Alcoran and Elenette Sunjaco, G.R. No. 163362, July 8, 2015 — read the decision on LawPhil →
- Juan De Delos Carlos vs. Felicidad Sandoval, et al, G.R. No. 179922, December 16, 2008 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.