Article 289 of Sec. 2 Other Illigitimate Children

Art. 289. Investigation of the paternity or maternity of children mentioned in two preceding articles (Art.287 & Art. 288) is permitted under the circumstances.

Discussion:

            The investigation of the parental relation should take place while the alleged parent is alive; for only the parent is in a position to reveal the true facts surrounding the child’s conception. The spurious child must be required to file the action to establish his paternity or maternity during the lifetime of the presumed parent, as in the case of the illegitimate child.

            The parent is not compelled to execute a formal recognition of the relationship that he has denied: the court's, decision is self sufficient, without any other compulsion on the parent.Thus the term "compulsory recognition" applied to these actions to establish filiation is plainly a misnomer that should not deceive anyone as to their true nature, which does not vary whether the child is natural or not natural. Logically, the same limitation should apply to both actions, in the absence of express legal provision to the contrary.

            If in certain cases the law demands the admission of the paternity or maternity approved by the Court, it does so merely to assure that the effects of the acknowledgment will not be emotional harmful to the child. But there is nothing in the nature of a voluntary acknowledgment or recognition that would make its application to illegitimate children not natural contrary to law, morals or public policy. If the Code fails to mention such recognition in connection with these children it is not because their voluntary acknowledgment is forbidden, but because it is seldom encountered, since an admission of paternity of a spurious child involves an admission of their adultery, concubinage or incest Let’s not forget that illegitimate children (natural or not natural) are the result of extra-matrimonial activities usually kept hidden from the legitimate family.

It also gives the child the right to prove his paternal descent even if he was born in an incestuous or adulterous relationship and the right to bear his father’s name. It also extends the time limit to bring an action to establish paternal descent. Paternal descent can now be established any time during the child’s minority or five years of the child coming of age or within one year of the death of the alleged father, whichever is the later.

            Although proof of maternal descent is allowed proof of paternal is not allowed except in six specified cases. The more important exceptions are:

• Rape or abduction.
• Seduction brought about by fraudulent means or abuse of authority or promise of    marriage.
• Written admissions of paternity
• The alleged father and the mother living together openly en ménage during the period of conception.
• The alleged father providing for or contributing to the maintenance and education of the child in the capacity of father.

When the illegitimate child has succeeded in establishing his paternal descent what benefits does he derive there from?

• He has a share in his father’s succession to the same extent as an acknowledged natural child.
• He has a claim against his father for a contribution towards his maintenance and education.
• He has the right to bear his father’s name

            Although the Civil Code considerably improved the condition of recognized illegitimate children, granting them rights and actions that they did not possess under the former laws, they were not, however, placed upon the same plane as legitimate one. The difference that separates these two classes of children is still great, as proven by so many articles dealing with the rights of the family and with succession in relation to the members thereof. It may be laid down as a legal maxim, that whatever the code does not grant to the legitimate children or in connection with their rights, must still less be understood as granted to recognized natural children or in connection with their rights.

          

Article 288. of Sec. 2 Other Illegitimate Children of The Civil Code of The Philippines

Art. 288: Minor children mentioned in the preceding article are under the parental authority of the mother.

Discussion:

In practice, it is very rare that the mother of any child does not acknowledge her child. A child under seven years of age shall not be separated from his mother, which is based on the basic need of a child. The mother is legally and morally bound to provide the loving care and support to the child to ensure that the child grows to be a productive citizen of our country.

        The article provides that, No child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise. This is more pronounced in case of illegitimate children, shall be under the sole parental authority of the mother. In the exercise of that authority, she is entitled to keep the child. By this acknowledgment this descent of the child is secured.

The Court will not deprive her of custody, absent any imperative cause showing her unfitness to exercise such authority and care. It just shows that this rule is not absolute. Instances of unsuitability are neglect, abandonment, and maltreatment of the child, insanity, and affliction. Negligent and careless failure to perform the duties of parenthood is a significant element of abandonment, regardless of actual intention. A strong basis for a finding of the parent’s abandonment of his or her child is found in the case where the parent has left the child permanently or indefinitely in the care of others, given it to another, or surrendered it entirely.

When we talks about Custody of a child, choice is given respect, the court is not bound by that choice. The court may exercise its discretion by disregarding the child’s preference should the parent chosen be found to be unfit, in which instance, custody may be given to the other parent, or even to a third person. Decisions on custody of children are always open to adjustment as the circumstances may occur. The father of an illegitimate child has the obligation to give support to the child but has no right to custody of the child unless the mother defaults.

It is always best to have some agreement with regards to custody and support for an illegitimate child.  It is a joy to have a child and the joy should be shared.  Although the mother has sole parental authority over the child, the mother can also agree to share custody of the child with the biological father.  Even if she doesn't the father has the right to have access or contact with the child.  He has visitation rights. 

Article 287 of Section 2. Other Illegitimate Children of The Civil Code of the Philippines

Section 2. Other Illegitimate Children

Article 287. Illegitimate children other than natural in accordance to article 269 and other than natural children by legal fiction are entitled to support and such successional rights as are granted in this code.

Discussion:

A child was considered to be illegitimate at common law if the parents were not married to each other at the time of the child's birth even though the parents were married later.

In social and sometimes legal terms, the child so born was called a "Bastard". In polite society, terms such as “Natural Child” were preferred.

Illegitimate children are generally classified into two groups;

1. Natural,whether actual or by fiction, were those born outside of lawful wedlock of parents who, at that time of conception of the child were not qualified by the impediment to many each other.
2. Spurious, whether incestuous, adulterous or illicit.

There was a common-law presumption that a child born of a married woman was legitimate. This presumption was contradicted, however, upon proof that her husband either was physically incapable of impregnating her or was absent at the time of birth of the child. In addition, a child born of a marriage for which an Annulment was granted was considered illegitimate, since an annulled marriage is void retroactively from its beginning. Furthermore, if a man married a second time while still legally married to his first wife, a child born of the bigamous marriage was illegitimate.

             Natural descent gives rise to rights of succession only to the extent that the illegitimate child has been recognised or whose descent has been proved otherwise than simply by an affiliation order. 

            The illegitimate child is assimilated in all respects to the legitimate child for the purposes of inheritance and succession except in the case where the illegitimate child is born during, but outside, the marriage of his parent, and at the death of such parent there are a surviving spouse and/or legitimate children born of such marriage.

          The Civil Code does not make a distinction between the rights of legitimate and illegitimate children except where the principle of equality would go against the institution of marriage and against the rights of the surviving spouse or of legitimate children born of such marriage.  The exceptions to equality give rise to the following disabilities:

v  In an intestate succession when there are legitimate children, the share of the illegitimate child is reduced by half. 

v  The surviving spouse and the legitimate children enjoy a choice as to particular items of the succession subject to a cash adjustment if necessary. 

v  A parent can exclude his illegitimate child altogether from personal participation in the distribution of the items of his succession by expressly making, before his death and by anticipation, a sufficient settlement of property upon him. However this settlement is treated as an advancement of the future succession if on the death of the parent there is neither a surviving spouse nor issue of the marriage or both renounce their rights in the succession. 

v  An illegitimate child is to be taken into account in the calculation of the disposal but his share of the reserve shall be reduced by half if there are other legitimate children born of that marriage.

 It should be stressed that if illegitimate children are in existence before or after the marriage of their parent to another person, their rights in the succession are equal to those of any legitimate children born of that marriage.

The law codified the responsibility of both parents to provide support and care for a child, regardless of the parents' marital status, and gave illegitimate as well as adopted persons the same rights to inherit their parents' property as anyone else.

If they were declared legitimate, then they cannot be discriminated against and they will be equal with other legitimate children and be entitled to all the rights in the property of their parents, both self-acquired and ancestral.