Report: Article 175-176 of Family Code of the Philippines

Chapter 3. Illegitimate Children

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)

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)

Except those provided for in Article 54 of the Family Code, Children born outside of a wedlock or inside a void marriage are illegitimate. they may claim his or her illegitimate status the same way a legitimate child does. and if a man having a child during his marriage to a woman other than his wife is surely an illegitimate child. however if the concubine herself has a spouse then that child would be the legitimate child of the concubine with his spouse, The law declares that a child conceived or born inside a valid marriage is legitimate. t is up to the concubine’s spouse to file a case to impugn the legitimacy of the child. If the said concubine’s spouse does not file such a case, then the child shall continue to be the legitimate child of the concubine and her spouse and not the illegitimate child of the concubine and the philandering husband

The legitimate child is not equal or the same with the legitimate child and an illegitimate child’s custody shall be by the mother and the legitimes of said child shall be half of the legitime as that of a legitimate child.