When is a child presumed to be legitimate?

In one case, Gerardo filed a petition against Ma. Theresa in order to have his marriage annulled after two years of marriage. He alleged that nine years before, Ma. Theresa was previously married to another man and that this marriage was never annulled. The court decided in favor of Gerardo and granted the annulment of the awarded custody to Ma. Theresa and granted visitation rights to Gerardo.

Ma. Theresa filed a motion for reconsideration asking the court to disallow visitation rights and to have the surname of the child, being illegitimate, changed to her maiden name. This motion was opposed by Gerardo who wanted to retain the visitation rights and to have the child bear his family name.

The court denied Ma. Theresa’s motion on the basis of the best interest of the child. On appeal and after hearing the arguments of both parties, the court declared the child to be the son of Ma. Theresa and her first husband.

When Gerardo elevated the matter to the Supreme Court, it affirmed the decision of the Court of Appeals that the child was the legitimate son of Ma. Theresa and her first husband. The Supreme Court’s decision was founded on the presumption of the legitimacy of a child. To overthrow this presumption, it must be shown that it was physically impossible for the husband to have sexual intercourse with the wife. In this case, there was no evidence given to show that there was no personal access between Ma. Theresa and her first husband. In fact, it was discovered that they only resided four kilometers apart.

Furthermore, the Supreme Court’s decision is also based on the principle that a mother cannot make a declaration against the legitimacy of her child and on public policy that there can be no compromise on the status and filiation of a child. (Concepcion vs. Court of Appeals, G.R. 123450 [2005]).