Title VI — Paternity and Filiation
Article 166
ELI5— what this means for you
The presumption of legitimacy (Art. 164) can only be overturned by proof of the physical impossibility of access between the husband and wife during the first 120 days of the 300 days preceding the child's birth — meaning the husband could not possibly have been the biological father.
Official text — EO 209
Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in the instance provided in the second paragraph of Article 164; or
(3) That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. (255a)
Source: lawphil.net (EO 209 as amended)
Related
RELATED RIGHTS
Family Law
Permanent Validity of PSA Birth, Death, and Marriage Certificates Philippines 2022 — BatasKo ELI5
Family Law
Muslim and Indigenous Marriages Philippines — BatasKo ELI5
Family Law
Muslim Divorce Philippines — BatasKo ELI5
Family Law
Muslim and Non-Christian Marriage Law Philippines — BatasKo ELI5
Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.