Art. 265. The filiation of legitimate children is proved by the record of birth appearing in the Civil Register, or by an authentic document or a final judgment.
DISCUSSION:
The act of process of determining such relationship especially the son and the father or the adjudication of paternity is proved by the record of birth or documents in the civil register where it has a final judgment. Civil registration is the system by which a government records the vital events of its citizens and residents. The resulting repository or database is called civil register or registry, or population registry. The primary purpose of civil registration is to create legal documents that are used to establish and protect the civil rights of individuals. A secondary purpose is to create a data source for the compilation of vital statistics. In most countries, there is a legal requirement to notify the relevant authority of any life event which affects the registry.
It is understood that the birth certificate that is the basic of the record of the birth is signed by the parents(normally the father) against whom against proof of filiation is directed. A recognition or admission by the father of a child that the latter is his child is a cogent evidence most especially if embodied in a final judgment. Be it noted that a record of birth or final judgment are public records or documents contents of which are prima facie presumed as correct. In fact, the stringent conditions needed by prove execution of private writings do not apply to public documents. Thus, public instruments are evidences even against a third person, of the fact of which gave rise to their execution and of the date of the latter.
During his or her lifetime, a child whether of age or not may claim and bring an action to claim legitimacy against the parents. But, how about if the parents are die? it seems clear that the child can still claim succession rights by proving hi filiation in the appropriate proceedings. The 5 year prescriptive period applies when the action to claim legitimacy is brought by the heirs. If the mother or father died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority. If after the death of the father or of the mother a document should appear of which nothing had been heard and which either or both parents recognize the child. In this case, the action must be commenced within four years from discovery of the document. The rationale for the rule is to give the alleged parents opportunity to be heard. The reason for the exceptions is to protect the heirs. The action to claim the legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should be the child die during the minority or a state of insanity. in this case, the heirs shall have a period of five (5) years within which to institute the action. The action commenced by the child shall survive notwithstanding the death of either or both of the parties. The child can bring the action during his or her entire lifetime and even after the death of the parents. In other words, the action does not prescribe as long as he lives.
