Impugning legitimacy: Extending such right to women and children

• Main Authors: Clemente, Mary Ann M., Marcelo, Maria Denise Claire C.
• Format: text
• Language: English
• Published: Animo Repository 2013
• Subjects: Women's rights > Philippines; Women—Legal status, laws, etc. > Philippines; Children's rights > Philippines; Legitimation of children > Philippines; Civil Law; Family Law; Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5444
• Institution: De La Salle University

The proponents of this thesis examined Article 167 of the Family Code to identify whether it deprives women of fundamental equality and whether it protects the rights of the child. The authors also researched on related literature regarding paternity and impugnation of the legitimacy of the child. The proponents researched on the history of the Civil Code and its revisions which led to the authorship of the Family Code. International treaties and conventions were also reviewed such as the UN CEDAW and Convention on the Rights of the Child. Lastly, Constitutional provisions on the fundamental equality, equal protection of the laws, and protection of the rights of the child were also examined. In the analysis, the proponents used these literatures to arrive at the conclusion that Art. 167 is not parallel with the fundamental equality men and women not in line with the rights of the child guaranteed by the Constitution. Therefore, the authors recommend that Art. 167 of the Family Code must be repealed and as law should be passed to allow, not only by the husband, but also the wife and to determine parentage which may serve the best interest of the child.