Section 1550. (Repealed)
Section 1551. In case where there is an objection to the applicant for registration of legitimation on account of not being the child’s father, if the applicant for registration of legitimation has brought an action to the Court for an order effecting him to be the child’s father, the child or the mother may apply to the Court in the same case for an order effecting that the applicant for registration of legitimation is not a suitable person for exercising in part or whole the parental power, even if he is the real father of the child. In such a case the provisions of paragraph three of Section 1559 shall apply mutatis mutandis.
Section 1552. In case the child has no mother or his or her mother has been relieved in part or whole of her parental power and the other person has been appointed by the Court to be guardian in part or whole before the registration of legitimation, the father who causes the registration of legitimation to be entered may, if he thinks that for the benefit of the child he should be the person exercising the parental power in part or whole, apply to the Court for an order effecting the deprivation of a part or the whole of guardianship from the guardian and deeming the father to be the person exercising the parental power. If the father may, in the opinion of the Court, exercise the parental power to cause more happiness and interest in the child’s life, the Court may issue an order effecting the deprivation in part or whole of the guardianship from the guardian and allow the father to be the person exercising parental power.
Section 1553. (Repealed)
Section 1554. Any interested person may, within three months from the date when he or she became aware of the registration of legitimation, apply to the Court for cancellation of the registration on the ground that the person who insisted the legitimation be registered is not the father of the child; in any case no such action may be entered after the ten years from the date of registration.
Section 1555. An action for legitimation may be entered only in the following cases:
- Where a rape occurred, or an abduction or illegal confinement of the mother during the time when conception could have occurred;
- Where elopement or seduction of the mother occurred during the period when conception could have occurred;
- Where there is a document emanating from the father and acknowledging the child as his own
- If in the Birth Register it appears that the child is a son or daughter of the man who notified of the birth, or such notification was made with consent of the man;
- Where open cohabitation of the mother and father has occurred during the period when conception could have occurred
- Where the father had sexual intercourse with the mother during the period when conception could have occurred, and there exist grounds to believe that he or she is not the child of another man;
- Where there has existed a continuous common repute of being a legitimate child.
The status ensuing from continuous common repute of being a legitimate child is proved by means of facts showing the relationship of father and child, as evidenced by the child’s connection with the family to which he claims to belong, such as the fact that the father has provided for the child’s education or maintenance, or that he has allowed the child to use his family name or other facts.
In any case, if the man is deemed unable to be a father, the case shall be dismissed.
Section 1556. The action for legitimation may be brought by the legal representative of the child if the child is a minor and has not yet completed his fifteenth year of age. In case there is no existing legal representative or the legal representative can not conduct his duties, a close relative or the Public Prosecutor may apply to the Court to appoint a representative ad litem to bring the action on behalf of the child.
After the child’s fifteenth year is complete, the child must bring the action him or herself and does not need to receive consent of the legal representative.
After reaching the age of sui juris, the action must be entered within one year from the day of becoming sui juris.
In such situation as the child is deceased during the time frame that he has the right to bring an action for legitimation, his descendant may enter an action for legitimation. Should the descendant know the ground of the action for legitimation before the death of the child, the action would have to be entered by the former within one year from the child’s death. Should the ground of the action for legitimation become known to the descendant after the death of the child, the action would have to be entered within one year from the day the said ground came to his attention; provided, however, that it cannot be entered after ten years have passed since the death of the child.
The provisions of paragraph one and paragraph two shall apply to the action of legitimation entered by the minor descendant mutatis mutandis.
Section 1557. Legitimation under Section 1547 shall take effect:
- From the marriage date in case of subsequent marriage of the parents
- From the registration date in case where the registration of legitimation is made by the father;
- From the day of final judgment in case of legitimation pronounced by the Court, provided that it may not be created to the prejudice of the rights of third persons acting in good faith, unless it has been registered according to the order.
Section 1558. In regards to the action for legitimation of the deceased having been entered within the correct period for claim of inheritance, if the Court deems the child to be legitimate he is entitled to inheritance as statutory heir.
In case where the estate has been divided the provisions of this Code concerning undue enrichment shall apply mutatis mutandis.
Section 1559. The registration of legitimation cannot be cancelled, once it has been made.
Section 1560. The child born during marriage is considered to be legitimate, even though the marriage has been thereafter cancelled.