Sunday, December 9, 2018

Article 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.
     The action already commenced by the child shall survive
notwithstanding the death of either or both of the parties. (268a)


        The above article is the action to claim legitimacy of the child. Generally, only the child himself may file the action, however, his heirs can do so if the child dies during minority and during incapacity. The heirs are given five years from the death, within which to bring the action. 




Reference: 
Family Code of the Philippines by Albano

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