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.
Questions about this provision
Related provisions
- Article 172 — the evidence of filiation, incorporated here.
- Article 165 — who is an illegitimate child.
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 →
- Michael C. Guy vs. Hon. Court of Appeals, et al, G.R. No. 163707, September 15, 2006 — read the decision on LawPhil →
- Alejandra Arado, et al. vs. Anacleto Alcoran and Elenette Sunjaco, G.R. No. 163362, July 8, 2015 — read the decision on LawPhil →
- Narciso Salas vs. Annabelle Matusalem, G.R. No. 180284, September 11, 2013 — read the decision on LawPhil →
- Ernestina Bernabe vs. Carolina Alejo as guardian ad litem for the minor Adrian Bernabe, G.R. No. 140500, January 21, 2002 — 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.