Text of the provision
Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues.
(275a)
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
A legitimation is not open to attack by just anyone. It may be impugned only by those whose rights are actually prejudiced by it — typically other heirs whose successional shares shrink because a legitimated child now shares in the estate.
And they must act within five years from the time their cause of action accrues. The tight standing requirement and short period protect the stability of the child's legitimated status.
Questions about this provision
Related provisions
- Article 179 — the rights a successful impugnment would defeat.
- Article 181 — legitimation benefiting a deceased child's descendants.
Cases citing this article
- Republic of the Philippines vs. Oliver M. Boquiren and Roselyn M. Boquiren, Duly Represented By Her Mother Rosalinda B. Macaraeg, G.R. No. 250199, February 13, 2023 — read the decision on LawPhil →
- Republic of the Philippines vs. Linney Jean L. Tangarorang and Ramer R. Tangarorang, G.R. No. 272006, February 5, 2025 — 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.