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A question on impugnity

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1 A question on impugnity on Mon May 23, 2016 3:43 pm

MisterD


Arresto Mayor
While I saw this in another topic:

"yes, that is the usual proof. get a dna test.

note however, the child remains to be your legitimate child unless you file a case to impugn the child within 1 year from issuance of birth certificate."



The question is: What if 1 year has lapsed already, can the husband still dispute that the child is not his? Were there also instances that the child has been born but it took months (or years) for his birth certificate to be issued (for impugnity purposes).

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2 Re: A question on impugnity on Thu May 26, 2016 2:33 pm

MisterD


Arresto Mayor
Up. I hope someone can share some insights about this.

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3 Re: A question on impugnity on Mon May 30, 2016 6:06 pm

MisterD


Arresto Mayor
I Saw some additional condition regarding impugnity:

Had the child been born, your husband is given at least a term of one(1) year to question the legitimacy of your child if both of you are living in the same City or province, 2 years if living in different Cities or provinces and 3 years if one is living abroad.

I hope someone can share insights on this.

Thank You.

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4 Re: A question on impugnity on Wed Jun 01, 2016 8:24 pm

MisterD


Arresto Mayor
Please. Need help po on this.

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5 Re: A question on impugnity on Thu Jun 02, 2016 3:25 pm

ador


Prision Mayor
I think the time frame given is to accommodate ample time in discovering or gathering of evidence as the burden of proof shall be his.

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6 Re: A question on impugnity on Thu Jun 02, 2016 3:30 pm

ador


Prision Mayor
After the prescribed period and proof of adultery is available, that would be the first thing to address i suppose. 'Tis the wife who committed fault and not the child so i guess that's what it's about primarily.

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7 Re: A question on impugnity on Thu Jun 02, 2016 5:20 pm

MisterD


Arresto Mayor
ador wrote:After the prescribed period and proof of adultery is available, that would be the first thing to address i suppose. 'Tis the wife who committed fault and not the child so i guess that's what it's about primarily.
So does it mean that the husband cannot dispute anymore? But I'm sure this would still be grounds for adulterty right?

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8 Re: A question on impugnity on Sat Jun 04, 2016 9:20 pm

igopkram


Arresto Menor
MisterD wrote:
ador wrote:After the prescribed period and proof of adultery is available, that would be the first thing to address i suppose. 'Tis the wife who committed fault and not the child so i guess that's what it's about primarily.
So does it mean that the husband cannot dispute anymore? But I'm sure this would still be grounds for adultery right?
I'm also interested to know something about this. I hope someone can shed light regarding this

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9 Re: A question on impugnity on Tue Jun 07, 2016 6:22 pm

MisterD


Arresto Mayor
Up. Looking forward to the response of others here.

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10 Re: A question on impugnity on Tue Jun 07, 2016 7:33 pm

marlo


Reclusion Perpetua
MisterD wrote:While I saw this in another topic:

"yes, that is the usual proof. get a dna test.

note however, the child remains to be your legitimate child unless you file a case to impugn the child within 1 year from issuance of birth certificate."



The question is: What if 1 year has lapsed already, can the husband still dispute that the child is not his? Were there also instances that the child has been born but it took months (or years) for his birth certificate to be issued (for impugnity purposes).

Assuming there is a legal basis to dispute legitimacy of the child, then basically it should be 1 year from discovery/knowledge of birth date or date of birth registration, whichever is earlier. On special cases, filing can be done either 2 and 3 yrs depending on their current geolocation or area of residence. Location abroad is 3 years afaik.

Otherwise, case would be dismissed if there is no basis to dispute legitimacy.

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11 Re: A question on impugnity on Tue Jun 07, 2016 8:19 pm

MisterD


Arresto Mayor
Thanks for the clarification Sir Marlo.

Given that both wife and husband lives under the same roof, I believe husband has a year to impugn the legitimacy of the child as his.

When you said "it should be 1 year from discovery/knowledge of birth date or date of birth registration, whichever is earlier.", does this mean that does it mean that hindi counted yung araw na pinanganak yung bata?

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12 Re: A question on impugnity on Tue Jun 14, 2016 6:21 pm

MisterD


Arresto Mayor
MisterD wrote:Thanks for the clarification Sir Marlo.

Given that both wife and husband lives under the same roof, I believe husband has a year to impugn the legitimacy of the child as his.

When you said "it should be 1 year from discovery/knowledge of birth date or date of birth registration, whichever is earlier.", does this mean that does it mean that hindi counted yung araw na pinanganak yung bata?
Up.

Hopefully, someone can share some insights on this.

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13 Re: A question on impugnity on Wed Jun 29, 2016 8:39 pm

MisterD


Arresto Mayor
MisterD wrote:
MisterD wrote:Thanks for the clarification Sir Marlo.

Given that both wife and husband lives under the same roof, I believe husband has a year to impugn the legitimacy of the child as his.

When you said "it should be 1 year from discovery/knowledge of birth date or date of birth registration, whichever is earlier.", does this mean that does it mean that hindi counted yung araw na pinanganak yung bata?
Up.

Hopefully, someone can share some insights on this.
Up.

Please. Your insights will be highly appreciated.

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14 Re: A question on impugnity on Thu Jun 30, 2016 1:21 am

marlo


Reclusion Perpetua
Should be the same when counting people age I presume. There are 3 numbers from 1 to 3, thus the first is a count. In a year, it is 365 days for non-leap year. Although there was not a particular mentioned of that including leap years.

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15 Re: A question on impugnity on Thu Jun 30, 2016 3:37 pm

ador


Prision Mayor
the date indicated on the birth certificate is logical reference.. since the court proceedings are factual-based so official records will be the basis.

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16 Re: A question on impugnity on Wed Jul 06, 2016 5:39 pm

attyLLL


moderator
“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”

If the applicable period is over, then the action to impugn the legitimacy of the child is barred even if the husband has DNA evidence to prove that he is not the father.


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17 Re: A question on impugnity on Wed Jul 06, 2016 6:15 pm

MisterD


Arresto Mayor
attyLLL wrote:“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”

If the applicable period is over, then the action to impugn the legitimacy of the child is barred even if the husband has DNA evidence to prove that he is not the father.

When you say barred Atty, does this mean that the husband would be the father of the child? Also does this mean that this cannot be used as evidence to adultery should he deceides to pursue the case against his wife and paramour?

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18 Re: A question on impugnity on Wed Jul 06, 2016 6:22 pm

attyLLL


moderator
from day 1 and forevermore the husband is the legally recognized father of the child.

prescriptive period for adultery is ten years from the discovery of the adultery.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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19 Re: A question on impugnity on Thu Jul 07, 2016 8:10 pm

MisterD


Arresto Mayor
attyLLL wrote:from day 1 and forevermore the husband is the legally recognized father of the child.

prescriptive period for adultery is ten years from the discovery of the adultery.
Thanks for the clarification again attyLLL.

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20 Re: A question on impugnity Today at 6:14 pm

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