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.
Questions about this provision
- How can an illegitimate child legally establish who their parent is?
- What kind of proof establishes that a child is legitimate?
Related provisions
- Article 173 — who may bring the action and when.
- Article 175 — illegitimate children prove filiation the same way.
Cases citing this article
- Romeo F. Ara and William A. Garcia vs. Dra. Fely S. Pizarro and Henry Rossi, G.R. No. 187273, February 15, 2017 — read the decision on LawPhil →
- Ingrid V. Hilario vs. Thelma Miranda and Irenea Belloc, G.R. No. 196499, November 28, 2018 — read the decision on LawPhil →
- Rodolfo S. Aguilar vs. Edna G. Siasat, G.R. No. 200169, January 28, 2015 — read the decision on LawPhil →
- Eugenio San Juan Geronimo vs Karen Santos, G.R. No. 197099, September 28, 2015 — read the decision on LawPhil →
- In Re: Petition For Cancellation Of Entries In The Records Of Birth, vs. Emma Lee And The Civil Registrar For The City Of Caloocan, G.R. No. 180802, August 1, 2022 — 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.