Text of the provision
Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.
The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent.
(289a)
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
Illegitimate children prove their filiation with the same evidence as legitimate children — the documentary and secondary proof of Article 172.
The timing is where they differ. The action generally follows the periods in Article 173. But there is a crucial catch: when the claim rests only on the secondary proof in the second paragraph of Article 172 (possession of status or "other means"), the action must be filed during the lifetime of the alleged parent. The Supreme Court reads this strictly — a child relying on secondary evidence cannot wait until the putative parent has died to sue.
Related provisions
- Article 172 — the evidence of filiation, incorporated here.
- Article 165 — who is an illegitimate child.
Cases interpreting this article
- Authorities on Article 175 will be added here as each is verified against primary sources.