Text of the provision
Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded.
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.
If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier.
(263a)
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
An action to impugn legitimacy is strictly time-barred, and the clock length depends on where the husband (or his heirs) lives relative to where the birth occurred or was recorded:
- One year — if they reside in the same city or municipality as the birth or its registration;
- Two years — if they reside elsewhere in the Philippines;
- Three years — if they reside abroad.
The period normally runs from knowledge of the birth or its recording. But if the birth was concealed from or unknown to the husband or heirs, it runs only from their discovery of the birth or its registration, whichever is earlier — so concealment cannot quietly run out the clock.
Related provisions
- Article 166 — the only grounds on which such an action may rest.
- Article 167 — who may (and may not) attack legitimacy.
Cases interpreting this article
- Authorities on Article 170 will be added here as each is verified against primary sources.