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.
Related provisions
- Article 164 — who is a legitimate child.
- Article 163 — the kinds of filiation.
Cases interpreting this article
- Authorities on Article 165 will be added here as each is verified against primary sources.