Text of the provision
Art. 172. The filiation of legitimate children is established by any of the following:
(1) The record of birth appearing in the civil register or a final judgment; or
(2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.
In the absence of the foregoing evidence, the legitimate filiation shall be proved by:
(1) The open and continuous possession of the status of a legitimate child; or
(2) Any other means allowed by the Rules of Court and special laws.
(265a, 266a, 267a)
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 article ranks the proof of legitimate filiation into two tiers. The primary evidence is documentary: the birth record in the civil register (or a final judgment), or a signed admission of filiation in a public document or a private handwritten instrument.
Only if that primary evidence is unavailable may a child fall back on secondary proof: the open and continuous possession of the status of a legitimate child, or any other means allowed by the Rules of Court and special laws (which today includes DNA evidence). The hierarchy matters — a party cannot skip to secondary proof while primary evidence exists.
Related provisions
- Article 173 — who may bring the action and when.
- Article 175 — illegitimate children prove filiation the same way.
Cases interpreting this article
- Authorities on Article 172 will be added here as each is verified against primary sources.