Friday, September 30, 2011

ART.266 CHAPTER 2 of the Code of the Philippines

Topic: PROOF OF FILIATION OF LEGITIMATE CHILDREN

Art. 266. In the absence of the titles indicated in the preceding article, the filiation shall be proved by the continuous possession of status of a legitimate child.

DISCUSSION: 

 
It must be habitual for a considerable length of time. if the child uses the father's surname and he is treated publicly as a legitimate child by the father and mother and by the parents family, for several years, the child has a continuous possession of the status of a legitimate child. so also, if that child is supported and sent to school by the parents. "Continuous" does not mean that the possession of such status shall continue forever but only that it shall not be of an intermittent character while in continues. The possession of such status means that the father has treated the child as his own, directly and through others, spontaneously and without concealment though without publicity. There must be showing of permanent intention of the supposed father to consider the child as his own, continuous and clear manifestation of paternal affection and care. 


PICTURE OF PATERNITY
 

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