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

Cases interpreting this article

Note. The text of the provision above is reproduced in full from the official enactment. The annotation, case summaries and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. Whether this provision applies to a particular marriage depends on facts that only a lawyer reviewing your situation can assess.