This case has been cited 1 times or more.
|
2010-11-24 |
PEREZ, J. |
||||
| It is settled law that filiation cannot be collaterally attacked.[20] Well-known civilista Dr. Arturo M. Tolentino, in his book "Civil Code of the Philippines, Commentaries and Jurisprudence," noted that the aforecited doctrine is rooted from the provisions of the Civil Code of the Philippines. He explained thus: The legitimacy of the child cannot be contested by way of defense or as a collateral issue in another action for a different purpose. The necessity of an independent action directly impugning the legitimacy is more clearly expressed in the Mexican code (article 335) which provides: "The contest of the legitimacy of a child by the husband or his heirs must be made by proper complaint before the competent court; any contest made in any other way is void." This principle applies under our Family Code. Articles 170 and 171 of the code confirm this view, because they refer to "the action to impugn the legitimacy." This action can be brought only by the husband or his heirs and within the periods fixed in the present articles.[21] | |||||