Text of the provision
Art. 169. The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy.
(261a)
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
The presumptions in Article 168 run out at 300 days. For a child born more than 300 days after a marriage ends, the law makes no assumption either way. Instead, whoever asserts the child's status — legitimate or illegitimate — must prove it.
The burden simply falls on the party making the claim, to be met with the ordinary evidence of filiation (see Article 166 on scientific proof).
Related provisions
- Article 168 — the presumptions within 300 days.
- Article 166 — scientific and other proof of paternity.
Cases interpreting this article
- Authorities on Article 169 will be added here as each is verified against primary sources.