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Question 8

2024 Bar · Civil Law · 1 sub-question

8. In 1990, Monica was born during the marriage of her parents Anton and Steph. In 2024, Monica discovered that a certain Patrick signed as the father in her birth certificate. Monica looked for Patrick and was informed that he passed away a year earlier. Monica learned that Patrick was Steph’s last boyfriend before she married Anton. Thereafter, Monica filed a complaint for partition of Patrick’s estate. Monica claimed that she is the non-marital child of Patrick and Steph. Monica submitted her birth certificate where Patrick recognized her as his daughter. The heirs of Patrick opposed the complaint and argued that Monica is presumed the legitimate child of Anton and Steph pursuant to Article 164 of the Family Code which states that “children conceived or born during the marriage of the parents are legitimate.” The heirs of Patrick also invoked the rule that only the father can impugn the legitimacy of the child. May Monica impugn her own legitimacy in an action for partition? Explain.

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