How may illegitimate children establish their illegitimate filiation?

Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. (Par. 1, Art. 175, Family Code) 


How can the filiation of illegitimate children be proved?

The filiation of illegitimate children is established by any of the following:

1. The record of birth appearing in the civil register or a final judgment;

2. An admission of illegitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

In the absence of these evidence, the illegitimate filiation is proved by:

1. The open and continuous possession of the status of a illegitimate child; or

2. Any other means allowed by the Rules of Court and special laws. (Par. 1, Art. 175 in relation to Art. 172 of the Family Code) 


Who may file the action to claim illegitimacy and when may it be filed?

If the action is based on the record of birth appearing in the civil register or a final judgment or is based on an admission of illegitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned, the action to claim illegitimacy may be brought 

(1) by the child during his or her lifetime;

(2) by the child's heirs if the child dies during minority or insanity, within five years from the death.

If the action is based on the open and continuous possession of the status of an illegitimate child or is based on any other means allowed by the Rules of Court and special laws, the action must be brought during the lifetime of the alleged parent. (Par. 2, Art. 175 in relation to Art. 173 of the Family Code) This is to give the alleged parent the chance to affirm or contest the filiation of the child.


What is the difference between voluntary recognition and judicial or compulsory recognition of an illegitimate child?

Voluntary recognition must be express such as that in a record of birth appearing in the civil register, a final judgment, a public instrument or private handwritten instrument signed by the parent concerned. The voluntary recognition of an illegitimate child by his or her parent needs no further court action and is, therefore, not subject to the limitation that the action for recognition be brought during the lifetime of the putative parent.

Judicial or compulsory recognition, on the other hand, may be demanded by the illegitimate child of his parents and must be brought during the lifetime of the presumed parents. (Tayag vs. Tayag-Gallor, G.R. No. 174680, March 24, 2008) 


If an illegitimate child is voluntary recognized by the father, does he or she need to file an action to compel recognition during the lifetime of his or her parent?

No. The voluntary recognition of an illegitimate child by his or her parent needs no further court action and is, therefore, not subject to the limitation that the action for recognition be brought during the lifetime of the putative parent. (Divinagracia v. Bellosillo, No. L-47407, 12 August 1986;  Tayag vs. Tayag-Gallor, G.R. No. 174680, March 24, 2008)

The due recognition of an illegitimate child in a record of birth, a will, a statement before a court of record, or in any authentic writing is, in itself, a consummated act of acknowledgement of the child, and no further court action is required. In fact, any authentic writing is treated not just a ground for compulsory recognition; it is in itself a voluntary recognition that does not require a separate action for judicial approval. (Eceta vs. Eceta, G.R. No. 157037, May 20, 2004)