This case has been cited 2 times or more.
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2007-12-17 |
CHICO-NAZARIO, J. |
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| 3) By the serious illness of the husband.[24] The relevant provisions of the Family Code provide as follows:ART. 172. The filiation of legitimate children is established by any of the following: | |||||
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2005-08-31 |
CORONA, J. |
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| Gerardo invokes Article 166 (1)(b)[24] of the Family Code. He cannot. He has no standing in law to dispute the status of Jose Gerardo. Only Ma. Theresa's husband Mario or, in a proper case,[25] his heirs, who can contest the legitimacy of the child Jose Gerardo born to his wife.[26] Impugning the legitimacy of a child is a strictly personal right of the husband or, in exceptional cases, his heirs.[27] Since the marriage of Gerardo and Ma. Theresa was void from the very beginning, he never became her husband and thus never acquired any right to impugn the legitimacy of her child. | |||||