FAMILY CODE OF THE PHILIPPINES

Article 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In this case, the heirs shall have a period of five years within which to institute the action. The action already commenced by the child shall survive notwithstanding the death of either or both of the parties. (268a) During his or her lifetime the law allows a child to prove his legitimate filiation. Such right is transmissible to his/her heirs if he should die during minority or in a state of insanity where the heirs shall have a period of five years within which to institute the action. The law on succession is the obvious purpose of the law because it will benefit the legitimate children. However, if not brought within five years after the death of the father in case he died a minor or in a state of insanity the action will prescribe. In short, it is considered that they ...