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Question 8
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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