International Journal For Multidisciplinary Research

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Volume 7 Issue 3
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A Critical Analysis of the Filiation Divide in the Family Code of the Philippines

Author(s) Atty Brian Jay N/A Corpuz
Country Philippines
Abstract This paper critically examined the provisions of the Family Code of the Philippines (Executive Order No. 209) dealing with the “legitimate” and “illegitimate” filiation classifications. The Philippines is one of the few remaining countries which still label non-marital children as “illegitimate” under its system of laws.

The legal frames of the pertinent provisions of the Family Code were studied through context doctrinal analysis and determined their constitutionality particularly to the Equal Protection Clause of the 1987 Philippine Constitution. The provisions’ congruence to the United Nations Convention on the Rights of the Child (UNCRC), particularly the non-discrimination clause (Article 2) and paramountcy clause (Article 3) were also analyzed.

This study employed a descriptive-analytical approach. A multi-layered analysis on the legal frames of the legal provisions was utilized as research methodology. It was found out and concluded that many legal frames of the Family Code are inconsistent and repugnant with the equal protection clause of the 1987 Philippine Constitution and not compliant and congruent to Article 2 (non-discrimination clause) and Article 3 (best interest of the child clause) of the UNCRC. Based on the findings and conclusions of this study, it was recommended that the provisions of the Family Code of the Philippines dealing with filiation divide be immediately revised to cure their legal maladies and errors.
Keywords filiation law, Equal Protection Clause, UNCRC
Field Sociology > Administration / Law / Management
Published In Volume 7, Issue 3, May-June 2025
Published On 2025-05-28
DOI https://doi.org/10.36948/ijfmr.2025.v07i03.46253
Short DOI https://doi.org/g9mn7q
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