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spurious childde

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1 spurious childde on Tue Apr 17, 2012 12:11 pm

sykes01


Arresto Menor
Dear atty L,

What does the law says about the spurious child especially if this was born out of adultery?

When one is guilty of adultery, if there is a spurious child, would the penalty be higher compared to someone guilty of the same crime but without a child?

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2 Re: spurious childde on Tue Apr 17, 2012 3:55 pm

The family code has already repealed the concept of spurious child.

There are only 3 classification of child under the law:

1) Legitimate child, those born within a valid marriage

2) Legitimated, those who where first born out of wedlock but whose parents where not suffering from disqualification to get married to each other and who later on got married thus by virtue of said marriage, the law treats said child as legitimated thus according the child the rights of a legitimate child;

3) illegitimate chid, those who are born out side of wed lock(the term may have a catch all meaning...anak sa pagkadalaga/binata, anak sa querida, or those born out of adulterous relationship)

i think the law only punishes the adulterous act not the consequential offspring of the adulterous act. So the fruit of the aduterous act shall in no way increase the penalty for the felony of adultery.

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3 Re: spurious childde on Tue Apr 17, 2012 4:14 pm

sykes01


Arresto Menor
Thank you for your answer sir. Could be the reason why I couldn't find the term in the family code.

Clearly, a child out of an adulterous relationship can be classified as an illegitimate child. But sir would i be correct in stating that unless the legal husband impugns the child as not his, it is presumed to be his?

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4 Re: spurious childde on Tue Apr 17, 2012 4:47 pm

concepab


Reclusion Perpetua
sykes01 wrote:Thank you for your answer sir. Could be the reason why I couldn't find the term in the family code.

Clearly, a child out of an adulterous relationship can be classified as an illegitimate child. But sir would i be correct in stating that unless the legal husband impugns the child as not his, it is presumed to be his?

Yes. that is according to law..

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5 Re: spurious childde on Tue Apr 17, 2012 5:07 pm

sykes01


Arresto Menor
Thank you also sir.

One more thing about adultery,

If I charge my wife and the paramour with adultery, and later on they are found to be guilty, is it possible that only one would be imprisoned, say the paramour and the wife be on probation instead? even though im planning to have an annulment soon or should they be punished equally?

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6 Re: spurious childde on Tue Apr 17, 2012 7:21 pm

sykes01 wrote:.
Clearly, a child out of an adulterous relationship can be classified as an illegitimate child. But sir would i be correct in stating that unless the legal husband impugns the child as not his, it is presumed to be his?

From the Family Code:

Art. 164. Children conceived or born during the marriage of the parents are legitimate

Art. 166. Legitimacy of a child may be impugned only on the following grounds:

(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of:

(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or

(c) serious illness of the husband, which absolutely prevented sexual intercourse;

(2) That it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in the instance provided in the second paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence

Art. 167. The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (256a)

Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier. (263a

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7 Re: spurious childde on Tue Apr 17, 2012 7:29 pm

sykes01 wrote:Thank you also sir.

One more thing about adultery,

If I charge my wife and the paramour with adultery, and later on they are found to be guilty, is it possible that only one would be imprisoned, say the paramour and the wife be on probation instead? even though im planning to have an annulment soon or should they be punished equally?

Art. 344 of the Revised Penal Code provides:

The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders.

thus it can be said that both the adulterer and her paramour will be both penalized for their felony.

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8 Re: spurious childde on Wed Apr 18, 2012 5:23 pm

sykes01


Arresto Menor
Thank you sir.

Has there been a case wherein the penalty for the wife was different for the paramour?

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9 Re: spurious childde on Wed Apr 18, 2012 5:47 pm

i have no idea....most probably both the women and the man are principals to the felony perhaps both will be meted the same penalty.

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10 Re: spurious childde Today at 3:00 pm

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